“If a car that has been tweaked passes the government mandated test, then what is the issue?”
The ‘issue’ is that they broke the law and mislead consumers.
And so the car will not pass the test sometime in the future? When the engine wears a bit — design to test margin?
Maybe this really proves that these tests are invalid and a joke. That the government set up the regulations and testing that are meaningless but cost the car manufacturers and consumers a fortune.
If a tweaked car passes, then clearly the test is not good enough.