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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.

Toyota, Lexus expanding Takata airbag recall, re-notifying customers

Toyota is re-notifying owners and expanding its Takata airbag inflator recall for some regions. The renewed campaign covers 247,000 examples of the Toyota Corolla, Matrix, Sequoia, Tundra and Lexus SC430 that are located in southern Florida, along the Gulf Coast, Puerto Rico, Hawaii, the US Virgin Islands, Guam, Saipan and American Samoa. All of the models come from the 2001-2004 model years and have potentially faulty Takata-made inflators on the front passenger side. According to the company, testing shows the problem warrants "immediate action," and its press release says, "this action intensifies Toyota's efforts to reach customers and remedy previously recalled vehicles, and a small number of newly included vehicles."
According to Toyota, it submitted some recalled inflators to Takata for testing, and it found a high probability of rupturing in high humidity areas. The automaker said it had no reports yet of injuries or fatalities related to the problem.
This is Toyota's third inflator recall this year. In June, it called in for repair the same vehicles from the 2003-2005 model years in high-humidity areas, and it conducted a separate campaign nationwide for the parts in additional models. In April 2013, it also announced a fix campaign for 1.73-million vehicles worldwide for the same issue.

Toyota says freezing temps pose zero problems for fuel cell vehicles

Hydrogen-powered fuel cell electric vehicles are not afraid of one thing – freezing cold weather. That's the latest from two companies that have been driving the cars in frostbite temperatures in the Northeast recently. Proton Onsite runs a fleet of 10 Toyota FCHV-adv fuel cell vehicles out of its Connecticut headquarters and discovered that the snow and three-degree temperature didn't restrict range. Mark Schiller, Proton vice president of business development, said in a statement that, "I went out to my Toyota FCHV-adv and brushed off a foot of snow before starting the car right up. No problem." While electric vehicles can have their driving range reduced in extreme temperatures (but not always), Proton Onsite hasn't seen that happen in the Polar Vortex. They're performing flawlessly in freezing temperatures even with the heaters blasting, and are continuing to hit their range of about 300 miles, Schiller said. Air Products, based on Allentown, PA, has had a similar experience. The FCHV-adv has had great performance under harsh conditions, according to Nick Mittica, commercial manager, hydrogen energy systems. Employees drove the fuel cell vehicle during one of Pennsylvania's worst winters in recent memory and, you guessed it, "No problem." Toyota says that has put its fuel cell fleet through the wringer, logging millions of miles over the last decade, to make sure performance can be delivered within extreme weather conditions. Toyota engineers spent weeks testing cold weather start up, performance and durability up in Yellowknife, Canada. Temperature can reach -30 degrees Celsius (-22 degrees Fahrenheit) at that location. On other end of the scale, Toyota was able to verify that its FCVs can handle driving through heat in Death Valley national park. We heard the same from Mercedes the other day, too. Extreme weather functionality is apparently something automakers want to make absolutely sure the public doesn't worry about. Jan. 30, 2014 – Record low temperatures have stranded many East Coast drivers, but not those driving a Toyota fuel cell hybrid vehicle. Connecticut-based Proton Onsite, which operates a fleet of ten Toyota FCHV-adv fuel cell vehicles, says that even in single digit temperatures, the FCHV-adv shows no signs of frostbite. "We had another snow storm Tuesday night and this morning the temperature was 3 degrees," says Mark Schiller, Proton vice president of business development.