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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Hyundai, Kia, Genesis and Subaru clean up in IIHS 2018 safety ratings

Hyundai, its partner Kia and its Genesis division are the big winners in the latest vehicle safety ratings from the Insurance Institute for Highway Safety, accounting for six of the 15 models that earned the Top Safety Pick+ awards for 2018. Subaru was right behind with four, Mercedes-Benz had two, and Toyota, BMW and Ford each had one. Another 47 vehicles earned the Top Safety Pick designation, where Toyota had 10 vehicle models, with Hyundai recognized for nine models. All but one of the seven vehicles in Subaru's lineup, the BRZ, qualified for one of the awards. IIHS strengthened the criteria for the Top Safety Pick+ award for 2018 to require headlights to earn a "good" rating — an "acceptable" rating was previously enough to notch the "plus" award — and good or acceptable passenger-side protection in the small overlap front crash, which replicates a crash involving just the front corner of a vehicle. It also required vehicles to have acceptable or good headlights for the first time to earn a Top Safety Pick award. Most of winners for both awards qualified on the basis of optional upgrades. IIHS in October began evaluating the passenger side of vehicles in its small overlap front crash test after it said it became clear that automakers were neglecting that side of the vehicle as they focused on improving driver-side protections. IIHS first began conducting driver-side small overlap crashes in 2012. It began measuring both how well low and high beams illuminated the road and the amount of glare they produce for oncoming vehicles as part of its ratings in 2016. The Top Safety Pick+ winners are listed below. The list doesn't include any minivans, pickups or minicars, which don't appear on either list of awardees. Small cars Kia Forte Kia Soul Subaru Impreza (sedan and wagon) Subaru WRX Midsize cars Subaru Legacy Subaru Outback Toyota Camry Large luxury cars BMW 5 series Genesis G80 Genesis G90 Lincoln Continental Mercedes-Benz E-Class sedan Midsize SUVs Hyundai Santa Fe Hyundai Santa Fe Sport Midsize luxury SUV Mercedes-Benz GLC The full list of Top Safety Pick winners is available here.Related Video: Image Credit: IIHS BMW Genesis Hyundai Kia Lincoln Subaru Toyota Safety Crossover SUV Wagon Sedan crash test

NHTSA investigating 561k Toyota Prius hybrids for possible steering shaft defect

The Detroit News is reporting that the National Highway Traffic Safety Administration will investigate some 561,000 Toyota Prius models for potentially defective steering shafts. The affected hybrid models are from the 2004-2009 model years. The story indicates that NHTSA is weighing whether or not to grant a defect petition, which claims that Toyota incorrectly assembled the hatchback's steering linkage.
As of this writing, there is no recall. However, a recall based on the Prius steering shaft would be the third related to steering issues for the model since 2006. Seven years ago, Toyota recalled 170K Prius models for potential cracking of the intermediate shafts, and in November of 2012, the automaker recalled 670K units to replace the steering shaft extension assembly.
We'll be monitoring NHTSA's signals to see if this investigation turns into a full-fledged recall. For now, stay tuned.