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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 2015 is going to be a huge year for trucks

Nissan chief executive Carlos Ghosn took center stage to introduce the 2016 Titan last week at the Detroit Auto Show. He spoke of the truck's new features, impressive Cummins V8 diesel engine and the extensive amount of time and money required to build a modern, competitive pickup truck. "We have done all of this because we see opportunity – an opportunity in the unmet needs of today's American truck customers," Ghosn said. He was speaking about the Titan, but his thoughts echo the industry's mindset: When it comes to trucks, find an opportunity and attack. Even with CAFE regulations looming and fickle consumer preferences, investing in trucks is a no-brainer for automakers. Some consumers will always need a truck for their job or lifestyle. And some people will always want one, whether they need it or not. With that in mind, here are four reasons why the pickup-truck sector is more important than ever and poised for growth in 2015. View 24 Photos The Nissan Titan Is Back Okay, it never left, but the Titan hadn't been redesigned since its launch in 2003, and Nissan sold more NV200s than Titans in 2014. It's an understatement to say the truck was languishing. That all changes with the 2016 model. The Titan will come in two variants, a traditional fullsize competitor and the Titan XD. The XD will lead the market launch, and it arrives late this year. It's pitched as a "whitespace" offering, Nissan sales and marketing vice president Fred Diaz said. The idea is to offer something in the general size and price range of a fullsize truck, but also have some of the capability of a heavy-duty truck. The XD uses a fully boxed ladder frame, the chassis design from Nissan's commercial division, and the wheelbase is about 20 inches longer than other Titan models. The XD, which Nissan is calling the flagship of the line, will be the only model with the 5.0-liter Cummins turbodiesel V8. It produces 310 horsepower and 555 pound-feet of torque, while being able to tow 12,000 pounds. V6 and V8 gasoline models will also be offered on the Titan XD and the standard, non-XD model. When production ramps up, the Titan will be sold with several cabs, beds and trims. New features include trailer sway control, an integrated trailer brake controller, more storage options in the cabin and even laminated front and rear side glass to reduce outside noise. All of this has given Nissan fresh confidence in an area where it admittedly has been lacking. "We can compete," Diaz told Autoblog.

U.S. auto sales fall in July, as Detroit dials back on inventory, rental sales

DETROIT — U.S. carmakers said on Tuesday they continued to slash low-margin sales to daily rental fleets in July as General Motors, Ford and Fiat Chrysler Automobiles struggled to curb a slide in retail sales. July is on track to be the fifth straight month in which the annual pace of car and light truck sales declined from the same month a year ago, in part because of fewer fleet sales, analysts and industry executives said. July 2016 sales hit a strong 17.9-million-vehicle pace. GM said the seasonally adjusted annual sales rate fell to an estimated 16.9 million vehicles in July. At midmorning on Tuesday, GM shares were down 3.4 percent at $34.77, Ford was down 2.8 percent at $10.91, and Fiat Chrysler shares were down 0.3 percent at $12.05 in New York. GM sales dropped 15 percent from a year ago to 226,107 vehicles, as the company cut rental fleet sales more than 80 percent. The automaker said inventories of unsold vehicles at month's end were 104 days, down from 105 days at the end of June. GM has promised investors to reduce inventories to 70 days by year-end. Ford said its July sales dipped 7.5 percent to 200,212 vehicles, as it cut fleet sales more than 26 percent. Inventories fell to 77 days from 79 the previous month. Fiat Chrysler said sales dropped 10 percent to 161,477, as it also cut back sales to daily rental fleets. Among the top Japanese companies, only Toyota reported a year-to-year gain, with sales up 4 percent to 222,057 — just 4,000 units behind GM. Honda sales were down 1 percent to 150,980 — its first-quarter sales continuing to decline in North America but seeing a big increase in China. And Nissan sales fell 3 percent to 128,295. GM, Ford and Fiat Chrysler have cautioned that second-half financial results likely will be lower than first-half results, in part reflecting production cuts in North America and pricing pressures. The automakers this year have been deliberately dialing back sales to rental-car companies, which often generate little to no profit, while struggling to keep retail sales from sagging further, according to industry analysts. Industry consultant LMC cut its full-year forecast for new vehicle sales to 17 million vehicles. Automakers sold a record 17.55 million vehicles in the United States in 2016.