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It’s been eight years since the dieselgate scandal broke leading to big penalties for VW, Audi, and even Mercedes. However, BMW has managed to maintain a mostly clean record. That might soon change, as a new investigation into the 2010-2014 X3 20D has been opened by German authorities.

The news follows a report from the summer of 2023, when the Deutsche Umwelt Hilfe (DUH), an environmental watchdog, reported that it had found what it believed to be an illegal cheat device in certain BMW X3s equipped with a 2.0-liter diesel engine.

The organization said that in its testing, when the SUV’s air conditioning was off (among other factors), it emitted far less NOx than it did when it was driven in on-road conditions. The DUH suspects that this might form part of a device designed to allow it to cheat during emissions tests.

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Read: VW’s Dieselgate Software Fix Rejected By German Court, Humongous Recall Is Only A Failed Appeal Away

 BMW Under Investigation Over Possible Diesel Emissions Tampering

If it exists, such a device would be highly reminiscent of systems used by other automakers, such as Audi. In its case, diesel vehicles were equipped with software that was designed to improve emissions when the engine was on and the steering wheel was untouched, such as might occur in a laboratory environment.

At the time of the initial findings, BMW denied that it used an emissions test defeat device in its diesel vehicles. However, Bild now reports that an investigation has been launched by Kraftfahrt-Bundesamt (KBA), Germany’s federal transportation regulator.

BMW has not yet responded to our request for comment, and has told others that it will not comment or provide details on the KBA investigation while it is ongoing. However, Bild cites internal documents that suggest BMW is trying to have the accusations dismissed as a “production defect.”

If it is successful, it may only have to recall the vehicles in question. However, if the KBA finds evidence of fraud, it may seek civil and criminal penalties, and may take another look at BMW’s diesel vehicles to see if more vehicles were implicated.