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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.

BMW could have a fuel cell vehicle by 2020

The Ultimate Driving Machine may start emitting water vapor, which may not thrill gearheads but could be good for the environment. BMW may have a hydrogen fuel-cell electric vehicle to sell as soon as the end of the decade, UK's Auto Express says, citing people familiar with the process that it didn't identify. And the model will likely be sold within the i sub-brand that includes the i3 electric vehicle and the i8 plug-in hybrid. "We are working on fuel cell development, but we are not able to comment on vehicle plans at this stage or timing at this point," BMW spokesman Dave Buchko wrote in an e-mail to AutoblogGreen on Thursday. Chatter about a potential BMW fuel-cell vehicle has been getting louder in recent months. Late last year, Autocar reported that BMW was mulling using Toyota's fuel-cell system for a version of what would be called the i5 (all the better to quietly cruise the interstate running up and down the West Coast, we guess). BMW and Toyota have been working together on accelerating the development of fuel-cell technology since 2013. Toyota has since made good on the effort of selling fuel-cell vehicles by introducing the Mirai in Japan last year and is preparing to start sales in California later this year. But BMW has been mum, so far. Featured Gallery 2014 BMW i3: First Drive View 33 Photos News Source: Auto Express via Hybrid CarsImage Credit: Copyright 2015 Sebastian Blanco / AOL Green BMW Toyota Hydrogen Cars i5

NHTSA may investigate new Toyota unintended acceleration case

After paying a $1.2-billion settlement to the US government last year, Toyota largely put the unintended acceleration recall behind it. Although, there were still some civil lawsuits to handle. A new case where the owner of a 2009 Lexus ES350 is petitioning the National Highway Traffic Safety Administration to open another analysis could draw the issue back to the forefront. Investigators are still deciding whether to research these claims further, though. According to this petition, the owner's wife was driving the ES350 in February 2015. While pulling into a parking space, the sedan allegedly surged forward, and there was a low-speed accident. The claim asserts there are at least two other similar cases in NHTSA's database: one in a 2009 Camry in 2009 and another in a 2010 Corolla in 2014. Specifically, this person wants an "investigation into low-speed surging in different models of Toyota automobiles in which the car starts accelerating and the engine RPM increases even when the accelerator pedal is not depressed," according to the agency. NHTSA will do further research into this person's claim and will decide whether to conduct a full investigation into the alleged issue. This won't be the first reappraisal of unintended acceleration in Toyotas by the agency in recent months, though. Between September 2014 and May 2015, NHTSA evaluated a similar petition with allegations covering 2006-2010 Corollas, and the government body decided to deny that one because the problem couldn't be replicated. Related Video: INVESTIGATION Subject : Low-speed surging Date Investigation Opened: JUL 09, 2015 Date Investigation Closed: Open NHTSA Action Number: DP15005 Component(s): VEHICLE SPEED CONTROL All Products Associated with this Investigation close Vehicle Make Model Model Year(s) LEXUS ES350 2009 Details Manufacturer: Toyota Motor Corporation SUMMARY: In a letter dated June 19, 2015, a consumer petitioned the National Highway Traffic Safety Administration (NHTSA) for an "investigation into low-speed surging in different models of Toyota automobiles in which the car starts accelerating and the engine RPM increases even when the accelerator pedal is not depressed." The petition was prompted by a February 2015 crash involving a model year (MY) 2009 Lexus ES350, which allegedly surged as the petitioner's wife was pulling into a parking spot.