Hino has been hit with potential class actions set to be launched by two Australian law firms claiming to represent local owners against the Toyota subsidiary, which has admitted to falsifying emission and fuel consumption data on up to 860,000 vehicles.
Bannister Law says it is trying to see if Hino has breached the Road Vehicle Standards Act 2018 and the Motor Vehicle Standards Act 1989 and is considering launching a class action.
Separately, Gerard Malouf & Partners (GMP Law) said that it started a class action proceeding against Hino in the Supreme Court of Victoria o 20th September.
In March, Hino said it had identified misconduct “related to the certification procedures for multiple engine models subject to the 2016 emissions regulations called the ‘post-post-new long-term regulations’ and the fuel economy standards in Japan and found problems in engine performance”.
Hino also said at that time that it would “carefully examine the impact in terms of the tax benefits it receives for the emissions and fuel economy performance of vehicles equipped with these engines”.
“Hino will bear the cost of any additional tax payments that may be required,” the Hino statement said.
It will be interesting to see what evidence the law firms produce given that the apparent cheating was mainly to. gain some tax benefits in Hino’s home country and the fraud may not have any affect on the performance or user experience with the trucks in this country.
Hino Australia has told some media outlets that it acknowledged the statement of claim filed in the Supreme Court of Victoria but
reiterated in a statement that the reported misconduct concerning engine certification in Japan “relates to the certification process and does not affect the driveability of the affected vehicles and raises no vehicle safety concerns”.
The company also said that it would continue to work with dealers and customers around the issues and would engage with the relevant authorities in Australia.
Satoshi Ogiso the global president of Hino publicly apologised in September for the scandal and said the company’s management took its responsibilities and public image seriously.
Hino said that it deeply apologised that it, as a company supporting the social infrastructure of people and goods, has violated Japanese laws and regulations and, by doing so, betrayed the trust of its customers and other stakeholders.
“Hino will treat this correction order with the utmost seriousness, and will develop and implement comprehensive remedial measures in response, continuously improve and strengthen such measures, and establish a corporate culture and governance to prevent the recurrence of misconduct in the future.”
Hino Australia has said that it has voluntarily suspended imports and deliveries of 500 Series Standard Cab FC, FD, and FE vehicles and Poncho buses to dealers
and is currently not accepting any new orders for the affected vehicles pending the outcome of its parent company’s engagement with the authorities in Japan.
“Hino is committed to working with dealers and customers about these issues and engaging with the relevant authorities in Australia,” the company said in its statement.