If the reg's were never put into effect, and companies never given citations, it is institutional failure. And very unfair to all entities who are suddenly scolded at not meeting the criteria.
VW presumably started it. Other companies eventually competed. And all of a sudden everyone is now in violation.
It is like cheating on a test. One kid starts it. Teacher does not care. Kid does not get scolded. Competition gets intense. Rest of kids start cheating too. The axe falls, sometimes on the dull, slow kid, and then everyone falls in line. But then teacher goes back and sees who else cheated in the past, and the entire class is outed. How is this fair again?
"The penalties for murder are too harsh, so people aren't confessing to many unsolved murders."
Well, yeah. I would not blame "the system" for this, however.
For the record, there have been cases where criminals have come forward for crimes after statute of limitations expired. I am not sure it if was in particular to murder though.
You can compare it to "you are allowed to murder anyone you want, as long as you confess afterwards" and see that that's not the best public policy if your goal is to reduce murders.
It is the competition that pushes you to such extremes. If others are doing it, then what is to stop you.
Too much regulation and court procedures are preventing others from coming out and blowing the whistle on themselves.