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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.

Why Toyota's fuel cell play is one big green gamble

Imagine going to the ballet on Saturday evening for an 8 pm performance. The orchestra begins warming up shortly before the show, but it turns out the star performer isn't ready at the appointed time. The orchestra keeps playing, doing its best to keep the audience engaged and, most importantly, in the building. It keeps this up until the star finally shows and is ready to dance ... which turns out to be ten years later. That's a Samuel Beckett play. It's also how many observers, analysts, alt-fuel fans and alt-fuel intenders feel about the arrival of hydrogen fuel cell vehicles (FCVs) – the few of them who are still in the building, that is. Toyota's hydrogen development timeline rivals that of the US space program. In fact, within the halls of Toyota alone, research on FCVs has been going on for nearly 22 years, meaning that one company's development timeline for FCVs rivals that of the US space program – it was 1945 when Werner von Braun's team began re-assembling Germany's World War II V2 rockets and figuring out how to launch them into space and it wasn't until 1969 when a man set landing gear down on that sunlit lunar quarry. The development of the atom bomb only took half as long, and that's if we go all the way back to when Leo Szilard patented the mere idea of it, in 1934. Carmakers didn't give up on hydrogen in spite of the public having given up on carmakers ever making something of it, so there was a good chance that hydrogen criers announcing the mass-market adoption of periodic chart element number two one would eventually be right. Now is that time. And Toyota, not alone in researching FCVs but arguably having done the most to keep FCVs in the news, isn't even going to be first to market. That honor will go to Hyundai, surprising just about everyone at the LA Auto Show with news of a hydrogen fuel cell Tucson going on sale in the spring. The other bit of thunder stolen: while Toyota's talking about trying to get the price of its offering down to something between $50,000 and $100,000, Hyundai is pitching its date with the future at a lease price of $499 per month ($250 more than the lease price of a conventional Tucson), free hydrogen and maintenance, and availability at Enterprise Rent-A-Car if you just want to try it out. We've seen and driven Toyota's offering and we all know its success doesn't depend on cross-shopping, showroom dealing and lease sweeteners.

eBay find of the day: Ed Begley's Toyota RAV4 EV

You might know Ed Begley, Jr. from his Emmy-nominated role on St. Elsewhere or as one of the dead drummers in This Is Spinal Tap, his appearances on Arrested Development, Six Feet Under, and Battlestar Galactica, his reality show Living With Ed or from his years as an environmental activist (or, better yet, from previous coverage of him on AutoblogGreen). Ed Begley, Jr. has been advocating on behalf of our planet for several decades now, and the man walks the walk, too. He has done loads of work with environmental organizations. He's got his own line of environmentally friendly cleaning products. Begley is even in a long-standing rivalry with his friend Bill Nye (yes, The Science Guy) to have the lowest carbon footprint. Since 2002, he's been driving the drive as well. That's when he purchased a Toyota RAV4 EV, which is now up for auction on eBay. This car has 119,000 miles on it, but it had its battery replaced in early 2011, and it should have another seven years or so left in it. It's white with a charcoal interior, and has a little bit of cosmetic wear and tear, the normal sort of stuff for a vehicle with over 100,000 miles on it. It was in one accident back in 2003, but doesn't show any other issues. All service history is available from the dealer that sold it in the first place and maintained it since. Additionally, this RAV4 EV comes with a White Clean Air Decal, which allows the driver use of the HOV lane in California. Mr. Begley will even autograph the inside of the hood if you want him to, but it's doubtful the car comes with a Cinco-Fone. The buyer will also get to meet Begley is person and get some photos. Back in 2002, the car sold for $42,000. The current bid is $4,650 with six days to go, and the reserve has not yet been met. Check out the auction for more details.