Can anyone explain how the issue in this thread is in any way congruent to VW's scandal? I honestly don't see it, but it's possible I'm missing something.
I have no idea what constitutes an issue that would interest EPA, but I am assuming their interest is in the testing applied to a new vehicle being representative of the true performance of the vehicle in normal use.
Hence my earlier comment about the situation being different between VW and the 85 packs. It would be more like the software update removed the cheat rather than apply it.
I understood (2nd hand info) that when Tesla announced the 2020 Raven LR+, there was some issue likely related to EPA testing that stopped them from (.... I momentarily forget what the problem was) something like applying retrospective software update to display the revised EPA figure. It seemed critical that the EPA rules be followed before cars could be sold with the new claimed range, so the range display update followed later. (what didn't make sense was the LR model also getting a range update presumably making the original EPA claimed / tested figure no longer match that model of car)
So surely, it would be a retrospective EPA issue if software subsequently reached into a car and modified the original as tested parameters, since with the new parameters the car would not have met the same performance level.
IMO it depends on your perspective as to how you view that. If it's a 'very few effected, one off issue' then hardly EPA related. If it was a systematic deceit in many cars that eventually had to be handled by software downgrade then that would be different. Or put another way, if the pre-cap software allowed the car to give better performance (because you chose to take the view that the software is 'cheating' what the hardware is actually capable of and in need of correction in many similar spec cars) then there could be a similarity to some parts of VW gate.
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