Watchdog rules against DfT in defeat device case

14/12/2023 | CHRIS AMES

The information rights watchdog has ruled that the Department for Transport (DfT) was wrong to refuse to disclose details of vehicle manufacturers’ use of ‘defeat devices’.

However, the DfT has now refused to clarify whether its own experts backed its claim that information property (IP) rights applied to the withheld information.

Defeat devices have been used by vehicle manufacturers to change the operation of emission control systems, with engines producing lower emissions, such as nitrogen dioxide, when they detect patterns of use associated with laboratory testing.

This means vehicles can be much more polluting in real-world conditions than when laboratory tested for certification purposes.

The law currently prohibits the use of defeat device technology, subject to some limited exceptions.

Campaign group ClientEarth said that last year the DfT received information from some manufacturers as to the conditions that affect the performance of emission controls in certain vehicle models.

It asked the department to provide this information in full under the Environmental Information Regulations, but the DfT refused, citing claims from some companies that it constitutes ‘trade secrets’ and therefore protected IP or copyrighted information.

ClientEarth challenged this in a complaint to the Information Commissioner’s Office (ICO).

The DfT suggested that experts at the Vehicle Certification Agency were satisfied that IP rights applied to the withheld information, although it does not appear to have stated this explicitly.

Transport Network asked the DfT to clarify whether the VCA had advised this but it declined to do so.

In its decision, the ICO said the DfT had failed to make the case that the rule allowing it to withhold the information applied.

It instructed the DfT to provide the information within 35 days of the decision (4 December), although it has the right to appeal. The DfT said it was aware of the decision ‘and will respond accordingly’.

ClientEarth lawyer Katie Nield said: ‘Excessive emissions caused by illegal defeat devices mean people are continuing to breathe toxic air – avoidably. This is putting a burden on the NHS and impacting our economy.

‘This decision makes it crystal clear that information about how and when defeat device technology is used should not be concealed by the Government for the sake of protecting industry trade secrets.’

She added: ‘Evidence suggests that there are millions of highly polluting vehicles still on our roads that are likely to contain illegal defeat devices, yet manufacturers and regulators have made it near impossible to get hold of information which shows exactly how this technology is used in some models.’

Highways InProfile

latest magazine issue
Highways jobs

Highways Technical Assistant

£29,064 - £31,537
Are you looking for a varied role in a dynamic and innovative team environment that can make a real difference to North Yorkshire’s highways? Leeming Bar, Northallerton
Recruiter: North Yorkshire Council

Street Lighting Electrical Inspector

£34,434 - £38,220 per annum
Do you hold an ONC in electrical engineering or City & Guilds Electrician? Northallerton, North Yorkshire
Recruiter: North Yorkshire Council

Senior bridge Engineer - WMF2212e

£47,181 - £48,226
You will be the key responsible engineer for this area and will also provide technical advice and guidance to our team Cumbria / Various
Recruiter: Westmorland and Furness Council

Civil Enforcement Officer - WMF2221e

£28,598 - £29,540
Are you seeking an active and challenging role, part of a friendly and welcoming team? Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Bridge Engineer - WMF2219e

£42,839 - £44,075
We are currently seeking to recruit an experienced and enthusiastic Bridge Engineer Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Senior Public Transport Officer

£42,839 - £46,142
We are looking for an experienced public transport professional to become our Senior Public Transport Officer. Northamptonshire
Recruiter: North Northamptonshire Council

Principal Transport Planner (Strategy) (Fixed-Term)

£48,226-£51,356
We are looking for an experienced professional to join as a Principal Transport Planner (Strategy) Northampton, Northamptonshire
Recruiter: North Northamptonshire Council

Mobile Street Scene Operative

£24,796 to £25,989 per annum
The Waste and Street Scene department requires enthusiastic and committed mobile street cleansing operative. Northallerton, North Yorkshire
Recruiter: North Yorkshire Council

Senior Technician - Highways Design (2 Posts)

Grade 10 £35,422 - 38,730 per annum
An exciting opportunity has arisen within the Professional Services Section Derbyshire
Recruiter: Derbyshire County Council

Project Engineer External Contracts

Grade 11 £39,865 - 43,270 per annum
You will lead a team of Clerks of Works Derbyshire
Recruiter: Derbyshire County Council

Senior Technician - Clerk of Works

Grade 9 £32,347 - 34,317 per annum
You will supervise works on site and liaise with developers, contractors and internal teams Derbyshire
Recruiter: Derbyshire County Council

Hire Desk Operative

Grade 8 £29,719 - £31,691 per annum
Well-developed IT skills and an excellent working knowledge of the Microsoft Suite are required. Derbyshire
Recruiter: Derbyshire County Council

Roadworker Trainee LGV Driver (2 Posts)

Grade 6 £25,989 - £26,458 per annum
We’re looking for Roadworker/trainee LGV drivers Derbyshire
Recruiter: Derbyshire County Council

Roadworker/Driver (3 Posts)

Grade 7 £27,088 - £29,062 per annum
We’re looking for roadworker/drivers to be part of our team undertaking major highway, bridge Derbyshire
Recruiter: Derbyshire County Council

Senior Engineer - Public Realm

£28,624 - £36,124
We are looking for a Senior Engineer to support the development Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Engineer - Hosting and Security

£35,412 to £39,152 p.a. (Grade 9)
A vacancy has arisen within our Hosting and Security Team for an experienced, enthusiastic, and flexible Engineer, with the aim of helping to ensure t Durham
Recruiter: Durham County Council

Senior Engineer - Highways Safety

£28,624 - £36,124
Senior Engineer - Highways Safety Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Head of Parking

£86,274 - £89,667
Our borough is beginning a huge transformation. Redbridge, London (Greater)
Recruiter: Redbridge London Borough Council

Assistant Director Transport and Infrastructure

£115,958 - £120,407
Dumfries and Galloway Council is ambitious for our region. Dumfries and Galloway
Recruiter: Dumfries & Galloway Council

Professional Services Partnering Manager

Grade 13 £49,178 - £52,937 per annum
Shape the Future of Highways
Recruiter: Derbyshire County Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW