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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.

Former NHTSA chief may lead automaker-backed Takata investigation

An automaker-led effort may see the former head of the National Highway Traffic Safety Administration take on the probe into the Takata airbag inflator disaster. A coalition of at least ten automakers is in talks with former NHTSA administrator David Kelly, with unnamed sources familiar with the discussions telling The Wall Street Journal he is "among those we are considering to coordinate" the investigation.The Detroit News, meanwhile, is reporting he could be hired "in the coming days." Takata, the Japanese seatbelt and airbag manufacturer, has been the center of a defect scandal since last year. Takata is under fire for air bag inflators that can explode, shooting out metal and plastic pieces. At least five deaths and dozens of injuries have been linked to the problem worldwide. Earlier this year, Honda Motor Co., the automaker with the biggest exposure to the defective Takata air bags, was fined $70 million in the U.S. for not reporting to regulators some 1,729 complaints that its vehicles caused deaths and injuries, and for not reporting warranty claims. It was the largest civil penalty levied against an automaker. Should he take the role, Kelly would be at the fore of an investigation being assembled by an alliance of ten automakers, which includes the Detroit Three and Honda. Toyota first suggested a joint investigation back in December, The Journal reports. Kelly's goals, meanwhile, will be many. The Detroit News reports that questions abound regarding not only the recalled airbag inflators and the conditions that cause them to fail, but the whether the replacement units will have similar problems in the future. The automaker committee is far from the only one analyzing the airbag issue. Takata has assembled its own panel, led by former Secretary of Transportation Samuel Skinner, while NHTSA's deputy administrator, David Friedman, has brought in an outside engineering firm to investigate the inflators, The Detroit News reports. Separately, on Friday Takata Corp., the Japanese seatbelt and air-bag maker at the center of a defect scandal, is expecting more red ink for the fiscal year through March. It is projecting a 31 billion yen ($264 million) loss, worse than the previous forecast for a 25 billion yen ($214 million) loss, despite higher sales expected for the fiscal year. Ten automakers have recalled about 12 million vehicles in the U.S. and about 19 million globally for problems with the air bags.

China's largest dealer body pushes back against foreign automakers over huge inventories

Do not think for a second that automakers forcing inventory on dealers in order to pad the numbers is a ruse known only in the US. Stories of individual brands have hinted at the trouble Chinese dealerships are having trying to move units as the country's economic growth remains hot but comes off the boil, like the one revealing that 95 percent of Toyota-FAW showrooms are losing money. Yet Toyota isn't the only culprit, and the issue has become so dire that the China Automobile Dealers Association (CADA), the largest dealer body in the country, has written to the government to complain. Chinese car sales are expected to close out the year with an annualized growth of six-percent, down from last year's 14 percent when targets were set, while in the background the pace of overall economic expansion is the slowest its been since the early nineties. Automakers, shipping cars on schedule to make their earlier targets, have blown up inventories such that they are an average of 1.8 times monthly sales, when the preferred multiplier is from 0.9 to 1.2. According to the CADA, the price wars and necessary incentives mean that only 30 percent of dealers are operating in the black. That number is down a whopping forty percent since 2010. In response, Toyota has already said it will not make its 2014 target of 1.1 million cars sold. We're a long way from 2012, when Toyota planned on selling 1.8 million cars in China in 2015, a target that's now as realistic as a manticore. BMW, Honda and Nissan have erased numbers on their spreadsheets, too; BMW growth dropped from 20 percent to 8 percent midyear after it began "reducing wholesale supplies," and Honda has been reworking its plans as sales have decreased each of the past six months. It's a big deal for Chinese dealers to begin protesting publicly, the CADA saying, "In the past, dealers were angry, but dared not speak out. But now, they have to shout because the situation is getting so unbearable." With six-percent growth forecast for next year and dealers unwilling to remain underwater, The Year of the Sheep coming in 2015 could portend meaning beyond the zodiac. News Source: ReutersImage Credit: AP Photo/Andy Wong BMW Honda Nissan Toyota Car Buying Car Dealers