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New Can you say "unfunded mandate"?
In Ohio the emissions check is just plugging in the ODBII. If, as some articles have suggested, owners will have to provide some proof they've been fixed* before they can be tested, someone is going to have to define what that proof looks like.

Garages will have to be able to produce it. Testing centers will have to verify it. Someone will have to track it. I hope someone accounts for that and puts it on top of whatever the actual fine is.

* I just realized I've now used the terms "neutered" and "fixed" for this change. I kill me.
--

Drew
New I wouldn't be surprised if it goes something like this.
VW sends the EPA data showing that Bosch computer firmware version 27.2934.378.b fixes the problem. EPA agrees, orders the recall.

VW does the recall, flashed the EEPROM and installs the new firmware.

Mary American takes her VW to emissions-check place. ODBII computer interrogates the Bosch computer - "what firmware version are you?". "27.2934.378.b"

Ok, that's proof the fix was done.

Tester checks the other stuff, M.A. pays the fee and gets her sticker.

Just a guess though.

Cheers,
Scott.
New I would...
The OBDII tests are government mandated and defined extensively in formal specifications. There is not a "show firmware version" command or api in the spec. That would have to be in the proprietary tests that are done however the manufacturer wants, eg. Oil Life Remaining; every manufacturer can do that any way they want or not at all. The Germans, in particular, are very fussy about turning over ANY of their proprietary tests. Considering that it would probably take 10 years to get a complete sign off on OBDII specification changes, the settlement will probably be along the lines of "Do you promise to fix it? Soon? Pinky-swear? OK, then... done deal"
My 0.02
"Religion, n. A daughter of Hope and Fear, explaining to Ignorance the nature of the Unknowable."
~ AMBROSE BIERCE
(1842-1914)
New Ok. Thanks. It'll be interesting to see what they do.
New I do. Can the Tea Party?
     hmm, maybe its time to buy a vw diesel - (boxley) - (14)
         Good point, VW will pay a fine but what happens to the owners? -NT - (drook) - (13)
             no discounts on atlanta.craigslist.org maybe the news story was urban legend -NT - (boxley)
             A recall has started. - (static) - (11)
                 actually sounds like an opportunity for a software release -NT - (boxley)
                 They've got to prove the cars comply with EPA rules. - (Another Scott) - (9)
                     But how will they verify? Would it be a voluntary recall? - (drook) - (8)
                         Vee have vays of making you cooperate! - (Another Scott) - (7)
                             Feds'll have to strongarm the states for that - (scoenye) - (6)
                                 Can you say "unfunded mandate"? - (drook) - (4)
                                     I wouldn't be surprised if it goes something like this. - (Another Scott) - (2)
                                         I would... - (hnick) - (1)
                                             Ok. Thanks. It'll be interesting to see what they do. -NT - (Another Scott)
                                     I do. Can the Tea Party? -NT - (scoenye)
                                 :-) Good points. - (Another Scott)

This is the reference implementation of the self-referential joke.
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