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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.

2017 Scion FR-S getting slight power bump?

A common refrain when discussing the Scion FR-S and its sibling the Subaru BRZ is that they are capable vehicles but are in need of more power. The latest rumors suggest that some more muscle might finally be on the way for the coupe's refresh. Don't expect something like the STI Performance Concept with a 300-horsepower, turbocharged flat-four, though – the gains in the real world are likely to be significantly more modest. According to Toyota insiders speaking with Motoring in Australia, the local Toyota GT86 (our FR-S) is due for a styling and powertrain refresh for the next model year. The 2.0-liter boxer four-cylinder engine isn't expected to get a drastic power increase, but it's not being completely neglected. A new intake manifold and friction reductions reportedly allow for five percent more grunt. If accurate, and if the changes also come here, that would take output of the US version to 210 hp and 159 pound-feet of torque. The adjustments could improve fuel economy by seven percent, as well. Handling is already a forte for the FR-S and BRZ, and things could get even better with this refresh. Motoring claims that dampers from Sachs might become standard equipment, along with a reinforced subframe. The close relationship with the BRZ reportedly rules out any dramatic changes to the styling for this update. However, the coupe is still likely to wear a new hood with vents in it, reshaped headlights, and a revised fascia with a larger lower grille. At the rear, expect a rear diffuser and exhaust pipes at the corners. While minor compared to all of these rumored updates, Scion recently gave the FR-S a few tweaks in the US for the 2016 model year (pictured above). In addition to some new colors and interior trim, it now comes standard with a seven-inch touchscreen infotainment system and rearview camera.

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