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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.

The next steps automakers could take after sales drop again in April

DETROIT (Reuters) - Major automakers on Tuesday posted declines in U.S. new vehicle sales for April in a sign the long boom cycle that lifted the American auto industry to record sales last year is losing steam, sending carmaker stocks down. The drop in sales versus April 2016 came on the heels of a disappointing March, which automakers had shrugged off as just a bad month. But two straight weak months has heightened Wall Street worries the cyclical industry is on a downward swing after a nearly uninterrupted boom since the Great Recession's end in 2010. Auto sales were a drag on U.S. first-quarter gross domestic product, with the economy growing at an annual rate of just 0.7 percent according to an advance estimate published by the Commerce Department last Friday. Excluding the auto sector the GDP growth rate would have been 1.2 percent. Industry consultant Autodata put the industry's seasonally adjusted annualized rate of sales at 16.88 million units for April, below the average of 17.2 million units predicted by analysts polled by Reuters. General Motors Co shares fell 2.9 percent while Ford Motor Co slid 4.3 percent and Fiat Chrysler Automobiles NV's U.S.-traded shares tumbled 4.2 percent. The U.S. auto industry faces multiple challenges. Sales are slipping and vehicle inventory levels have risen even as carmakers have hiked discounts to lure customers. A flood of used vehicles from the boom cycle are increasingly competing with new cars. The question for automakers: How much and for how long to curtail production this summer, which will result in worker layoffs? To bring down stocks of unsold vehicles, the Detroit automakers need to cut production, and offer more discounts without creating "an incentives war," said Mark Wakefield, head of the North American automotive practice for AlixPartners in Southfield, Michigan. "We see multiple weeks (of production) being taken out on the car side," he said, "and some softness on the truck side." Rival automakers will be watching each other to see if one is cutting prices to gain market share from another, he said, instead of just clearing inventory. INVESTORS DIGEST BAD NEWS Just last week GM reported a record first-quarter profit, but that had almost zero impact on the automaker's stock. The iconic carmaker, whose own interest was once conflated with that of America's, has slipped behind luxury carmaker Tesla Inc in terms of valuation.

Is 120 miles just about perfect for EV range?

When it comes to battery-electric vehicles, our friend Brad Berman over at Plug In Cars says 40 miles makes all the difference in the world. That's the approximate difference in single-charge range between the battery-electric version of the Toyota RAV4 and the Nissan Leaf. It's also the difference between the appearance or disappearance of range anxiety. The 50-percent battery increase has zapped any lingering range anxiety, Berman writes. The RAV4 EV possesses a 40-kilowatt-hour pack, compared to the 24-kWh pack in the Leaf. After factoring in differences in size, weight and other issues, that means the compact SUV gets about 120 miles on a single charge in realistic driving conditions, compared to about 80 miles in the Leaf. "The 50 percent increase in battery size from Leaf to RAV has zapped any lingering range anxiety," Berman writes. His observations further feed the notion that drivers need substantial backup juice in order to feel comfortable driving EVs. Late last year, the Union of Concerned Scientists (UCS), along with the Consumers Union estimated that about 42 percent of US households could drive plug-in vehicles with "little or no change" in their driving habits, and that almost 70 percent of US commuters drive fewer than 60 miles per weekday. That would imply that a substantial swath of the country should be comfortable using a car like the Leaf as their daily driver - with first-quarter Leaf sales jumping 46 percent from a year before, more Americans certainly are. Still, the implication here is that EV sales will continue to be on the margins until an automaker steps up battery capabilities to 120 or so miles while keeping the price in the $30,000 range. Think that's a reasonable goal to shoot for?