EPA v. JAGUAR CARS

Case summary

APRIL, 1997 DIRECTED INSPECTION BY CARB, 9,271 VEHICLES IN VIOLATION ON AUGUST 25, 1998, EPA'S OFFICE OF MOBILE SOURCES (NOW OTAQ ) REFERRED A CASE AGAINST JAGUAR CARS FOR POSSIBLE MISBUILD/ DEFEAT DEVICE VIOLATIONS DURING THE 1995, 1996 AND 1997 MODE L YEARS, WHICH HAD BEEN IDENTIFIED BY A CALIFORNIA INVESTIGA TION. AED'S JULY 20, 1999  208 REQUEST FOR INFORMATION TO JAGUAR ESTABLISHED THAT JAGUAR HAD INSTALLED A DENSO COMPUTE R CHIP WHICH RESET TO ZERO WHEN A DISABLE CONDITION WAS MET (AS IN THE HONDA CASE). JAGUAR'S GENERAL DESCRIPTION OF THE MISFIRE MONITOR IN THEIR CERTIFICATION APPLICATIONS DID NOT DISCLOSE THIS FACT, WHICH DEFEATED THE CONTINUOUS MONITORIN G FUNCTION REQUIRED BY CARB'S REGULATIONS. JAGUAR'S INSTALL ATION OF A SYSTEM THAT DOES NOT MONITOR CONTINUOUSLY AMOUNTS TO A MATERIAL DIFFERENCE BETWEEN THE APPLICATION AND THE SY STEM AS IT ACTUALLY PERFORMED. ON AUGUST 17, 1999, THE CALI FORNIA AIR RESOURCES BOARD SETTLED WITH JAGUAR FOR $30,000 F OR 1,637 CALIFORNIA CARS AT A PER VEHICLE AMOUNT OF $18.33 ( THERE WERE ACTUALLY 1, 957 CALIFORNIA CARS; 320 CARS WERE TH US UNCOUNTED IN CARB'S PENALTY CALCULATION AND HAVE BEEN ADD ED TO THE CALCULATION OF FEDERAL CIVIL PENALTY). DOJ AGREED THAT THIS MATTER MAY BE CONCLUDED WITH AN ASA, BECAUSE THE A MOUNT IS UNDER $220,000 AND THERE IS A HIGH DEGREE OF CERTAI NTY THAT THE INJUNCTIVE RELIEF PROVISIONS WILL BE CARRIED OU T (IN FACT, JAGUAR HAS BEGUN CARRYING OUT THESE PROVISIONS). VEHICLES RE-FLASHED TO THE EXTENT POSSIBLE - 1997 MODEL YE AR - 7, 314 VEHICLES. EXTENDED WARRANTY PROVIDED FOR THE 1, 029 VEHICLES WHICH CAN'T BE RE-FLASHED. INSPECTED BY: EPA DATE: FALL 98 NO. OF VIOLATIONS: 42 42 DEFECT REPORTS ( DR ) FILED LATE (FOR MODEL 94 THROUGH 99). SEVERAL ARE POTENTIAL RECALL CASES. THE MOST SERIOUS DRIS 400.031, THE EGR PROBLEM., WHICH WAS FOUND BY EPA DURIN G RANDOM SEA TESTING DURING THE WINTER OF 99 (NOTICE TO JAG UAR OF INTENT TO TEST IN FALL 98). NO NOV.

Defendants (1)

• JAGUAR CARSNamed in settlement

Facilities (1)

• JAGUAR CARS

  555 MACARTHUR BLVD, MAHWAH, NJ, 074302327

  Registry ID: 110004265900

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• Jaguar Carsentered 2000-12-18

  Primary law: CAA

  Federal penalty: $140,000

Timeline (4 milestones)

• 2000-11-02Enforcement Action Data Entered
• 2000-12-18Final Order Issued
• 2000-12-27Compliance Achieved
• 2001-01-02Enforcement Action Closed