Daimler Diesel Vehicle Violations – Frequently Asked Questions
In This Document
- What Happened
- Affected Vehicles
- Owner and Lessee Requirements
- Fixes & Repairs
- Other Recalls
- Other Cases
- Other Settlement Requirements
- Penalty & Mitigation
What did Daimler do?
Between 2009 and 2016, Daimler AG and Mercedes-Benz USA, LLC (collectively, DMB or Daimler) sold approximately 250,000 diesel passenger cars and Sprinter vans nationally that were equipped with defeat devices designed to control emissions during certification, and to illegally turn off emissions controls during on-road driving. All the vehicles emit excess oxides of nitrogen (NOX), with some models emitting several times more than U.S. EPA and CARB-compliant levels, depending on the model. NOX is an air pollutant that contributes to the formation of ozone and particulate matter. It can greatly aggravate health problems, such as asthma and cardio-pulmonary disease, and is a particularly serious and expensive problem in California.
What role did California play in detecting these defeat devices?
CARB performed special testing to uncover these defeat devices. CARB then worked with U.S. EPA to conduct a thorough investigation, during which the agencies uncovered more violations.
What models are affected?
|2011||GL 350 4-Matic|
|2011||ML 350 4-Matic|
|2011||R 350 4-Matic|
|2012||GL350 BLUETEC 4MATIC|
|2012||R 350 BLUETEC 4MATIC|
|2012||ML 350 4MATIC|
|2012||S 350 4MATIC|
|2013||GL 350 BLUETEC 4MATIC|
|2013||ML 350 BLUETEC 4MATIC|
|2013||GLK 250 4MATIC|
|2013||S 350 4MATIC|
|2014||E 250 4MATIC|
|2014||GL 350 4MATIC|
|2014||ML 350 4MATIC|
|2015||E 250 4MATIC|
|2016||E 250 4MATIC|
|2016||GL 350 BLUETEC 4MATIC|
|2016||GLE 300 d 4MATIC|
What should I do if I own or lease one of these vehicles?
You do not need to do anything. However, you may choose to get your vehicle repaired for free to make it emit less NOX. Now that the Court has approved the settlement, Daimler will contact you by letter regarding when and where you can get the repair specific to your vehicle, as it becomes available. There is also a consumer settlement.
Is there a repair for this problem?
Yes. There are different repairs for different affected vehicles. The company has already developed a repair for this issue for some of the affected vehicles, and CARB and U.S. EPA have approved it. The company is still developing a fix for the remaining vehicles covered by the settlement. CARB and U.S. EPA must approve any new repair before it can be made available or applied to the affected vehicles. Daimler will be making information available about which repairs have been approved for which vehicles on its website and at a toll-free call-in number (see below), based on the type of vehicle you have:
Do I have to get the repair to pass a smog check or register my vehicle?
Who will pay for the repair?
There will be no charge to eligible vehicle owners or lessees for the repairs approved by CARB and U.S. EPA. Owners and lessees also do not have to release any right, including their right to sue the company, to get the repair.
Will the repair affect my warranty?
Existing warranties remain in effect, regardless of whether you get the repair or not. Any vehicle that gets the repair, which is optional, will get an extended warranty that covers labor and parts impacted by the repair, unless the vehicle has been modified with an aftermarket part, component, or software. The length of the extended warranty will vary by vehicle. For more information about exactly what is covered by the extended warranty, see Appendix A, Paragraphs 18 and 19, to the Joint Consent Decree, or contact the class action counsel, at 1-877-313-0170.
If the company refuses to honor your regular or extended warranty, as applicable, please report it by calling 1-877-313-0170.
Will the repair affect my fuel economy or how well my vehicle operates?
Generally, the repairs are not expected to impact fuel economy, vehicle durability or operation. Daimler’s letter informing you of the availability of a repair for your vehicle will describe any anticipated impacts of the repair, to help you make a decision about whether you want to get the repair.
How long will the repair take?
Daimler must try to get the repair scheduled for you within 15 days of your request for the repair. For information about how long the repair will take, please contact the authorized dealer referenced in your repair notification letter, or contact Daimler, at 1-833-841-9363 (Sprinter van number) or 1-833-841-9362 (Passenger car number).
Can I get a loaner vehicle while my vehicle is being repaired?
Dealers are required to offer “loaner” vehicles, where available, to each eligible vehicle owner and lessee at no cost if the repair will take three hours or longer to complete. Where available, the owner or lessee will have the “loaner” vehicle for as long as it takes the repair to be done.
What will the repair include?
If you get the repair, it will include only what is approved by U.S. EPA and CARB. A summary of what is expected to be included is in Appendix B to the Joint Consent Decree. After completing the repair, a label will be put on your vehicle to reflect that it has received the repair, and the VIN will be reported to U.S. EPA and CARB to report that the vehicle has been repaired.
Can the company refuse to give me the repair?
Only under very limited circumstances: if your vehicle has an aftermarket, emission-related part, component, or software on it that will substantially affect the operation of the vehicle with the repair. But you can still get the repair if you pay to have the aftermarket, emission-related part, component, or software removed. If the company refuses to give you the repair for any other reason, please report it by emailing DaimlerCD@arb.ca.gov.
Is this repair the same as a recall?
This repair is not considered a recall. However, if you also have a recall on your vehicle, the recall can be done at the same time as the repair. Whether or not you get this repair, you may still have to bring your vehicle in for an applicable recall, now or in the future. If your vehicle has a recall, Daimler will send you a separate notice about that. Recalls, unlike this repair, are usually required to pass smog check and register your vehicle with DMV. Please contact Daimler with any questions about this, at 1-833-841-9363 (Sprinter van number) or 1-833-841-9362 (Passenger car number).
Do I have to get the repair if I have a recall on my vehicle?
No. You can bring your vehicle in and just get the recall free of charge, without getting the repair offered in this case. Recalls, unlike this repair, are usually required to pass smog check and register your vehicle with DMV. If your vehicle has a recall, Daimler will send you a separate notice about that. Please contact Daimler with any questions at:
1-833-841-9363 (Sprinter van number)
1-833-841-9362 (Passenger car number).
Will my Dealer know about this case and repair?
Daimler is required to tell authorized Dealers of affected vehicles about the repair, so your Dealer should know about the repair. However, it’s best to use the contact information on the repair notification letter or go through the website to get the most accurate, up-to-date information.
Is Daimler offering or required to offer buyback in this case?
Is this the same kind of device found in the VW and Fiat-Chrysler cases?
The specific technologies are different, but the devices have the same result: to control emissions on the test cycles and then turn off controls and emit more pollutants than are allowed when the vehicles operate on-road. If you have a VW or FCA car, you can find more information about those cases on the CARB website.
Why is the remedy available in this case different from that in the VW or Fiat-Chrysler cases?
When crafting a settlement, CARB considers the specific factors of the case, and develops a remedy that addresses those specific factors. For more information on how CARB makes enforcement decisions, please see CARB’s enforcement policy.
Are there any other requirements in the settlement?
The settlement includes a number of other requirements, including a penalty, mitigation, and measures to prevent future violations, including requiring corporate compliance measures and an internal audit.
What will Daimler pay to California, and how will the money be used?
Daimler will pay CARB approximately $175.6 million in penalties, plus mitigation, described below, and will pay the California Attorney General $17.5 million. The money to CARB will be allocated by the California Legislature to CARB for CARB activities, after which CARB will develop a process to figure out how best to spend it.
What kind of mitigation will be required?
Daimler will pay CARB $110 million to mitigate the excess emissions. The money will be allocated by the California Legislature to CARB, after which CARB will develop a process to figure out how best to spend it to reduce NOX.
1-877-313-0170 (Class Action Counsel)