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Should be super easy to prove too… Take an assortment of Teslas to a 1 mile stretch of road, drive it up and down 20 times, measure the mileage before and after.
Sure, ideally, unless they’re doing something more sophisticated. VW passed emission tests by detecting they were being tested.
Some potential easy to implement gotchas: minimum mileage, geo fencing, how much braking is used
Also nowadays cars are updated constantly. So you better already collected your evidence as they simply won’t do it anymore now (until after the courts have ruled in their favor for a lack of evidence…)