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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.

Automakers' sound systems: Crank it, don't yank it

Years ago, one of the first things most music lovers did after buying a new vehicle was drive to an aftermarket stereo shop to get the crappy stock components swapped for better gear. And you'd typically get not only better sound but also more bang (and boom) for your buck. But in the past decade or so, the overall quality of OEM audio has dramatically increased, while car electronics became more complex, removing the incentive for most new vehicle owners — and all but the most hardcore DIYer — to start from scratch. In 2010, I did a comparison of the average costs for OEM electronics vs. similar offerings from the aftermarket, and back then automakers' stock premium systems were by far the best bargain — and are probably an even better value now. The premium 14-speaker, 1,200-watt JBL system in the all-new 2019 Toyota Avalon is a prime example of this trend. It's standard on the top two Limited and Touring trims and is available as a $680 audio upgrade on the XLE and XSE. I doubt you can even buy 14 speakers and 1,200 watts of amplification from the aftermarket for 700 bucks, much less have it all installed. And because the system is bundled with Toyota's Entune infotainment system, Apple CarPlay and a surround-view camera, removing the head unit means you would likely lose these features. Another advantage of OEMs and their audio partners is they can design the car around the audio system. In the past, automakers would typically place speakers where convenient for packaging, not for optimal sound reproduction, and audio engineers were forced to compromise. But as with the Avalon's premium JBL audio system, this is starting to change. At a recent behind-the-scenes peek for media into the process of developing the system, Toyota and Harman engineers delved into the minutia of sealing the inner panel of the front doors to create an enclosure for 6x8-inch woofers, making space in the pillars for JBL horn tweeters and extensively measuring the acoustic properties of the interior to tune the sound to the space. I'm met some creative and skilled car stereo installers, but none with a degree in psychoacoustics. The system is also the first to feature Quantum Logic Surround that creates a multi-channel listening experience from two-channel sources. And it includes Harman's Clari-Fi processing that "rebuilds key details lost" in compressed audio formats used by streaming music services and MP3s.

The real reason automakers are giving away free hydrogen

Just like Hyundai did with its Tucson fuel cell, Toyota is offering free hydrogen fuel with the $57,500 Mirai H2 sedan. Toyota is being a bit vague about the details, saying simply that Mirai drivers will get, "complimentary hydrogen fuel for up to three years." Turns out, the reason that the hydrogen avant-garde will not be paying anything at the pump isn't because the automakers want to give them a boost or because the OEMs are kind. Instead, it's simply impossible to accurately charge people for hydrogen right now. It's simply impossible to accurately charge people for hydrogen right now. At an in-depth hydrogen seminar this week as part of the Mirai preview, three representatives from various hydrogen organizations revealed that the current hydrogen stations (most of which are in California) are not set up to accurately measure the hydrogen that is dispensed. Without this little bit of information, you can't charge customers for the fuel they use. Toyota is well aware of this, and Toyota Motor Sales' national manager of environmental, safety and quality communications, John Hanson, said that, "There are no set standards, so there is no way to charge people for anything." Alberto Ayala, the deputy executive officer for the California Air Resources Board, said CARB is in the middle of developing a way to sell a given amount of hydrogen, "which up to this point doesn't exist. If you think about it, it's a real simple yet real practical challenge. If you're going to pay for X amount of hydrogen, you're actually getting that amount of hydrogen." Ayala said it's not a difficult technical problem to measure the hydrogen as it goes into the car, but "we just have not done it. We are at a point where we are solving multiple remaining questions [with hydrogen infrastructure], and that just happens to be one of them." The National Institute of Standards and Technology says that there has been a discussion to change the current tolerance of two percent up to 10 or 20 percent, but that new technology should be able to measure accurately to within one percent. Air Liquide is working with Toyota to launch the Mirai in the US and Air Liquide CEO Ole Hofelmann told AutoblogGreen that being able to charge customers will be key to the technology's success. "We need to make sure we accurately measure the gas," he said.