Owners of Vehicles Affected By MMT Can Sue RECOPE

Catalyst poisoning occurs when the catalytic converter is exposed to exhaust containing substances that coat the working surfaces, encapsulating the catalyst so that it cannot contact and treat the exhaust. Common catalyst poisons include manganese originating primarily from the gasoline additive MMT.



Owners of vehicles affected by the use of MMT in gasoline supplied by the state refinery, RECOPE, can sue to recover the cost of damages, says the regulating authority, ARESEP, which confirmed that the RECOPE purchased gasoline with the MMT additive since the early part of this year.

The ARESEP says it found MMT in samples of super and regular gasoline at the La Garita plant.

The ARESEP says it will open an "administrative process" that could mean a fine for the state refinery, but also ensures that owners of vehicles damaged can file a complaint against the RECOPE to cover expenses.

The Asociación Importadora de Vehículos y Maquinaria (AIVEMA) - Association Importing Vehicles and Machinery - was first to denounce the presence of MMT in RECOPE distributed gasoline, is accepting vehicles with problems in their workshops and to help file the complaint.

Of concern to the ARESEP and the AIVEMA is that the use of the additive will allow vehicle manufactures to deny warranty coverage. The regulator says it will make available the chemical testing to owners of vehicles with problems, which can be used as evidence in the case of an owner suing RECOPE.

But RECOPE says it is not responsible, insisting that the additive was added by the vendor without it being told. RECOPE maintains that there are very few cars damaged.

The ARESEP tests found 23mg per litre of MMT in gasoline. The recommended is between 8 and 18. In Europe, for instance, the limit is between 2 and 6.

RECOPE is the sole distributor of gasoline products - regular, super, diesel, jet fuels, natural gas, etc - in Costa Rica. Independent gasoline stations and chains all buy from RECOPE and resell to the end consumer. Prices - both wholesale and retail - are set and regulated by the ARESEP.