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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.

Japan plans real-world diesel emissions test after companies fail

Japan's transport ministry plans to start real-world diesel emissions tests after an experiment found four models from Toyota, Nissan, and Mitsubishi that produced more nitrogen oxide (NOx) emissions than the nation's rules allow, according to The Japan Times. Regulators there usually only perform emissions checks in the lab. The VW diesel scandal has everyone double-checking their figures. Diesel versions of the Toyota Hiace van, Land Cruiser Prado, and Nissan X-Trail produced up to 10 times more NOx than allowed. The Mitsubishi Delica D:5 was up to five times over the limit, The Wall Street Journal reports. There was no evidence of defeat devices in the vehicles. Mazda performed well in the experiment, though. The CX-5 passed with nearly the same results on the road and in the lab. The Demio, better known as the Mazda2, did nearly as well with only slighter higher figures in the real world than in the controlled setting. The experimenters theorized the reason for the excessive emissions was that cold weather caused the engines' software to shut off the exhaust gas recirculation to prevent damage, according to the WSJ. However, this behavior also increased NOx production. Toyota, Nissan, and Mitsubishi don't have to worry about punishment from the transport ministry because this check was just an experiment. Their models already passed the mandated lab tests, which was the only requirement, according to The Japan Times. As governments begin greater real-world emissions tests, the results suggests diesels aren't very clean. A recent check in France found models from Ford, Renault, and Mercedes-Benz that didn't perform up to the standards. Regulators in India conducted similar evaluations and ordered VW to recall over 300,000 vehicles. Related Video:

Toyota, Suzuki partner on hybrids, EVs, building cars for each other

NAGOYA, Japan — Toyota and Suzuki on Wednesday said they planned to produce electric vehicles and compact cars for each other to better compete with fast-changing technologies in the global auto industry. The agreement follows an initial R&D tie-up announced by Japan's No. 1 and No. 4 automakers in 2017, and will see more vehicles produced by Suzuki for Toyota, one of the world's biggest carmakers. Although Suzuki is far smaller, it is a dominant force in the fast-growing Indian market. The two automakers have been pooling their strengths. Toyota is a leader in hybrid technology and is investing heavily in automated driving, while Suzuki specializes in affordable compact cars — as many automakers struggle to keep pace with ballooning investment in EVs and self-driving cars. Under the latest agreement, Suzuki will source gasoline hybrid systems for cars it sells worldwide from Toyota, which pioneered hybrid vehicles with the Prius more than 20 years ago, the companies said in a joint statement. In return, Suzuki will produce two compact models for Toyota in India based on its Ciaz and Ertiga models. Further cooperation with Suzuki will help Toyota expand its presence in India, the world's fifth-largest passenger car market where it has struggled to grow sales due to lean demand for its lower-cost models. The deepening partnership between the two automakers will enable cost-conscious Suzuki to tap into Toyota's R&D firepower to develop lower-emission vehicles and self-driving cars — areas which Suzuki has admitted it is struggling to keep up. "We believe that the expansion of our business partnership with Suzuki ... will help give us the competitive edge we will need to survive this once-in-a-century period of profound transformation," Toyota President Akio Toyoda said in a statement. The two automakers will deepen their cooperation in India, where Suzuki's hybrid vehicles will be made using engines and batteries locally produced by Toyota. They will also join forces in Europe, where Toyota will produce electric vehicles based on its RAV4 SUV crossover and Corolla wagon for Suzuki, while Suzuki will supply Toyota with gasoline engines for compact vehicle models sold in the region. Suzuki will also produce its Baleno, Vitara Brezza, Ciaz, and Ertiga models for Toyota which will be rebranded and renamed as Toyota models for the African market.