Lawyers act on latest Toyota diesel scandal

AUSTRALIAN legal firm Maddens Lawyers has stepped into action over the latest Toyota diesel certification scandal which it says could affect more than 300,000 vehicles in Aussie customers’ hands.

 

The move comes less than a week after it was reported that Toyota had suspended production of diesel-powered models across six production lines.

 

At the same time, Toyota paused the shipment of affected Alphard, Coaster, Dyna, Granvia, HiAce, HiLux, LandCruiser 70 Series, LandCruiser 300 Series, RAV4, as well as Lexus LX500d, and Hino Dutro models to Europe and other regions.

 

 

Maddens Lawyers alleges that certain diesel engines offered in local Toyota products – including the HiLux and LandCrusier – include “design elements which tamper with the vehicle’s emissions control system in order to enhance the car’s performance”.

 

The law firm says it is representing the lead plaintiff in the class action in which eligible Toyota owners are encouraged to participate.

 

Maddens Lawyers principal Kathryn Emeny said the findings of the special investigation report were concerning for Australian consumers who had placed trust in the Toyota brand.

 

“The report found that TICO (Toyota Industries Corporation) has been rewriting test results and knowingly violating Japanese domestic laws and regulations in order to obtain vehicle certification,” she said.

 

“This conduct has reportedly been going on for many years. One must question Toyota’s knowledge of TICO’s corporate culture and what else has been happening with certification testing behind closed doors”.

 

The Maddens Lawyers’ Toyota Diesel Defeat Device Class Action contends that the following Toyota diesel vehicles contain ‘defeat devices’:

 

• Fortuner, Granvia, HiAce, HiLux, LandCruiser Prado with 2.8-litre (1GD-FTV) engine
• Hilux with 2-4 litre (2GD-FTV) engine
• LandCruiser models with a 3.3-litre (F33A-FTV) engine
• LandCruiser models with a 4.5-litre (1VD-FTV) engine
• RAV-4 models with a 2.2-litre (2AD-FHV or 2AD-FTV) engine

 

Maddens Lawyers states that TICO was using different ECU software during the certification testing process than that used for mass production, improving test results of the engine models listed above.

 

It suggests that adjustments made during the testing process of Toyota engines – such as adjusting the fuel/air mixture – improved test results with respect to output values and torque curve.

 

The revelations came to the surface following a special investigation commissioned by Toyota after previous issues with emissions certification relating to forklift and construction machinery engines.

 

Toyota has announced its regret at not being “sufficiently attentive and aware of the fact that the procedures were not carried out in accordance with laws and regulations”.

 

Maddens Lawyers says the report is the latest in a string of issues for Toyota relating to certification testing and the quality and safety of its vehicles, including its subsidiary Daihatsu who recently admitted that it has been falsifying safety test results for three decades.

 

The law firm is the same that represented Australian Toyota owners in the mid-2022 Class Action against diesel-powered vehicles possessing engine emission cheating design features known as defeat devices.

 

Around the same time, Toyota also faced issues relating to diesel particulate filters (DPFs) fitted in certain diesel-powered models sold in Australia and was also embroiled in subsidiary company Hino’s emissions scandal the following month (July 2022, see more below).

 

More information on the Toyota Diesel Defeat Device Class Action can be found here.