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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.

Even Ferrari swept up in latest Takata recall expansion

The scope of Takata's deadly airbag problems continues to widen. Eight manufacturers announced recalls Friday that affect more than 12 million vehicles, according to documents filed with federal regulators. The automakers include Honda, which is recalling 4.5 million units, Fiat Chrysler with 4.3 million, Toyota with 1.65 million, and Subaru, which is recalling almost 400,000. Some of these cars include the Saab 9-2x and Pontiac Vibe that Toyota and Subaru made for General Motors. Mazda will recall 730,000 vehicles and Nissan has 400,000 affected units. The smallest numbers were posted by Mitsubishi, with 38,000 Lancers manufactured from 2006 to 2007, and as a noteworthy high-end manufacturer, Ferrari is calling back 2,800 vehicles. These are all US-market cars. Beyond America, the Japanese Transport Ministry has announced seven million additional vehicles will be recalled, which means 19.6 million vehicles across the globe are affected by recalls announced. The defects have been traced to an insufficiently manufactured airbag inflator, which lacks a drying agent that would prevent the inflators from deteriorating over time. Thirteen deaths have been linked to the faulty airbags, which have become unstable and are prone to exploding and showering vehicle occupants with lethal amounts of metal shrapnel. A private equity firm, KKR & Co., has been named in a possible buyout of the struggling Takata. Related Video: News Source: ReutersImage Credit: Shutterstock Government/Legal Recalls Ferrari Honda Mazda Automakers Mitsubishi Nissan Pontiac Subaru Toyota Saab Safety

How the demise of Lincoln's Town Car has kick-started a limo revolution

The deaths of the Ford Crown Victoria and the Lincoln Town Car have meant overhauls of three high-profile American fleets: police, taxi and livery car. Just as police fleets are more open to considering other options and a Nissan van is the new face of the NYC taxi, livery car companies are looking at replacements for the Town Car beyond The Blue Oval. Ford, via Lincoln, has made an MKT Town Car (pictured), but an article in the Detroit News claims "it has failed to win over most of the big limousine companies." The upstarts trying to move in include livery and limo editions of the Cadillac XTS, and livery specifications of the Toyota Avalon and Chrysler 300.
Each of those challengers, however, faces challenges. The Town Car was a workhorse, American, rear-wheel-drive sedan with plenty of rear legroom. Cadillac has been in the livery space before but with decontented models that were about selling the brand, not its luxury. It is taking the opposite approach with the XTS, pointing out that its livery edition is "contented in the upper half of the XTS range." Still, the CEO of Michigan's largest livery company says "it's quite a bit smaller than what we're used to," and he also prefers rear-wheel drive.
The Chrysler 300 is rear-wheel drive, and American, which matters to some companies, but Chrysler hasn't yet revealed the livery package for it. The livery Avalon marks Toyota's first time getting into that business in the US, a natural step after having done so well with taxi clients and with the Town Car out of the way. Still, the livery client is a different to taxi buyers, so the Avalon could face other soft-touch hurdles.