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If a diesel driver refuses to retrofit, the operation of the car can be prohibited

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If a holder refuses an ordered retrofit on his diesel car, the operation of the car may be prohibited. This was decided by the Mainz Administrative Court in a resolution published on Wednesday (ref .: 3 L 1099 / 18.MZ). In the affected car of the VW subsidiary Seat one of the inflated in the diesel scandal unauthorized defeat devices for exhaust gas cleaning was installed, which provides on the test bench for lower emissions than in road traffic.

The Kraftfahrtbundesamt had reportedly ordered a callback for the model. Both the approval authority and the manufacturer requested the holder to prove the necessary software update. But the owner did not want to retrofit. This was technically disadvantageous and therefore unreasonable – he also did not have to answer for the installation of the device.

As a result, the licensing authority temporarily prohibited the operation of the car, while the owner fought back – but without success. The Administrative Court rejected his urgent application against the Admissions Authority, stressing that it had acted properly. It was not objectionable that she regarded the public interest in air pollution control as a matter of priority over the economic interests of the vehicle owner.