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routeone > News > DVSA and TCs warn of emulator consequences
News

DVSA and TCs warn of emulator consequences

routeone Team
routeone Team
Published: May 10, 2018
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AdBlue emulators are in the news, with warnings of stiff penalties for operators who are found guilty of using them. Although they may sound attractive, the reality is that they can jeopardise your O-Licence

Fitting an emulator to a vehicle that requires AdBlue can lead to trouble

DVSA and the Traffic Commissioners (TCs) have made clear their position on the use of AdBlue emulators: It will not be tolerated, and your O-Licence is at risk if one of your vehicles is found to have one.

The devices stop the consumption of AdBlue while at the same time fooling ECUs into believing that the SCR system is functioning correctly. That means the engine will not enter derate mode despite non-compliant NOx emissions.

An internet search shows that emulators are widely available and comparatively cheap, so it is easy to see their attraction. Prices are as low as £179, although all websites offering them point out in the small print that fitting them may not be legal.

But attractive or not, DVSA is targeting the cheat devices. When one is discovered, an S-marked prohibition will be issued and the operator will be reported to the TC.

Senior TC Richard Turfitt points out that emulator use gives an unfair financial advantage over law-abiding operators. Their impact on emissions is also viewed dimly.

“TCs welcome the steps being taken by DVSA to identify cheats. We will look to take action wherever an operator seeks an unfair and illegal advantage over the rest of the industry.”

Revocation possible

Cases concerning LGV operators have already led to revocation. North Western TC Simon Evans regards emulator use as being comparable in seriousness to tampering with tachograph recording, and Transport Managers (TMs) involved have been found to have lost their repute.

That’s before the long-term implications on the vehicle are considered. If its AdBlue system is disabled for a prolonged period without being completely purged, crystallisation means that it is likely to require major work to return it to a functional state later. On a coach or bus that is under warranty meanwhile, the use of an emulator is certain to void any coverage.

It is not clear whether any PSVs have been caught with a cheat device fitted. A recent suggestion that one had has since been thrown into doubt. But operators who may be tempted should bear in mind that regulators’ gloves are already firmly off when it comes to dealing with transgressors.

Additionally, DVSA is working with enforcement authorities elsewhere in Europe to ensure that those who are found to be using emulators are dealt with in their home country regardless of where the offence is discovered.

If emulator is fitted, major work is likely to return SCR system to use later 

No defence

The impact of a vehicle being caught with an emulator can be significant.

Transport law firm Backhouse Jones points out that if DVSA finds such a device, it is likely to lead to a formal visit to check compliance. If it is not tip-top, further complications will be introduced to an already difficult situation.

A defence that has already been mounted is to deny knowledge of the emulator, particularly when the vehicle has been purchased second-hand.

That could be a legitimate response; one DVSA official has told routeone that emulators have been found hidden within the diesel tank, although they are more commonly discovered plugged in to the on-board diagnostics port.

But pleas of ignorance don’t wash. TCs have made it clear that they have already heard such explanations, and West of England TC Kevin Rooney dismissed one claim as “clearly nonsense.”

The DVSA official points out that mounting a no-knowledge defence could be counter-productive. He would expect a TM to notice if AdBlue use ceases. If they did not, that may call into question the effectiveness of their management control.

An example

A recent Public Inquiry heard by West Midlands TC Nick Denton centred on the use of AdBlue emulators. The operator claimed that it was experiencing problems with SCR systems. It subsequently took the advice of its peers and fitted the devices.

Mr Denton said that the operator – and its TM – should have taken professional advice and had the faults rectified. In the absence of any other compliance issues, the TC curtailed the operator’s licence from 28 vehicles to five for a two-week period, and then to 22 indefinitely. The TM was found to have lost their repute and was disqualified indefinitely.

These cases are, it is believed, the first of many. How serious a problem the use of AdBlue emulators in the PCV industry will prove to be remains unknown, but the enforcement and regulatory bodies have marked it as a line in the sand that will be very unwise to cross.

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routeone comment

TCs have stated that they view the use of AdBlue emulators as an offence that is as serious as the use of a magnet to disrupt a tachograph. That alone gives an indication of the potential action that may be taken against those who are found to be using them.

What is clear is that cutting AdBlue costs is not the primary reason for their fitment. Instead, it is usually an aversion to large repair bills when SCR systems go wrong, which they do.

Operators and drivers can take one simple step to help to prevent these failures (see below). But the message is clear: Fit an AdBlue emulator and you are likely to find yourself in a world of trouble.

Vehicle OEMs recommend that under very few circumstances should AdBlue be topped up every day. Doing so can lead to a fault being registered. That’s because the tank level may not fluctuate sufficiently for a change to be recorded by the sensor within it. As a result, the ECU may judge that no AdBlue is being consumed, spelling difficulties and potential dealer attention.

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