Guessing Visa can "fix" this problem in the same way they fix the fallback to magstripe: make the vendor pay a fee for noncompliance. https://www.cardfellow.com/blog/emv-fallback-fees-definition...
They were pretty clear that gas pump readers were the biggest issue, as customers dislike centralized outdoor readers or having to go into the establishment, stand in line, and use their counter POS system.