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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 goofs again in latest Mirai fuel cell ad

In the "gotcha" culture engendered by social media and viral campaigns, it looks like Toyota got, well, got. The Japanese automaker is starting a campaign for its Mirai fuel-cell vehicle, and included a line about the fact that the car "breathes in air." Of course, all light-duty vehicles do that, as Jalopnik's Opposite Lock happily pointed out. Jalopnik added that even electric vehicles have an air intake for their heat exchangers. Oops. It looks like Toyota doesn't think this message is wrong, since the image is still up on the company's Google+ page. The Mirai can still lay claim to something that may impress the layman in that it emits only water vapor from its tailpipe. It's a pitch Toyota started making to Americans last November when the company said it would start Mirai sales this year in California. Toyota's charging an MSRP of $57,500 for those looking to buy the car outright or a three-year lease rate of $499 a month for 36 months (with $3,649 due at signing) for those to want to lease the car. Toyota also said in January that it would ramp up Mirai production to about 2,000 vehicles in 2016 from about 700 this year, as it expands distribution into Europe and the US. In the US, refueling the hydrogen will be free. Just like the chemistry lesson from Opposite Lock. Related Videos:

Toyota's Bob Carter says seat heater stop-sale due to inconsequential compliance error

Last week, Toyota let it be known that a number of its more-popular vehicles were subject to a "stop-sale" order due to faulty seat heaters on these vehicles. No injuries were reported, but the problem affected a lot of models, including the 2013 and 2014 Camry, Camry Hybrid, Avalon, Avalon Hybrid, Sienna, Corolla, Tacoma and Tundra. Toyota originally said 50,000 vehicles were involved, but Bob Carter, senior vice president of automotive operations for Toyota Motor Sales, knocked that down to 30,000 during an interview at the Chicago Auto Show this week and said that the problem is not going to have a big impact on Toyota's sales. "It's an important situation but it will have a very minor impact on February sales," he told AutoblogGreen. "Dealers will start receiving new heating elements this week and then we have a process to take out the heating element that was put in and exchange that for the new fabric. It's very simple. It's a quick repair." Quick in this situation means about three hours to swap out the heating elements in two seats, according to Toyota's John Hanson. Since the Avalon also has heated rear seats, that car will require a total of six hours in the shop. Hanson said there was no official timeline for when the exchange program would be completed, "but new vehicles are arriving at some dealerships with the new seat heaters already installed." With a fix already in place, Carter would not comment on whether a recall is likely, saying only, "I'm not the expert on that. We're working with the NHTSA and ultimately it's their decision. We believe it's an inconsequential compliance error that was made by one of our suppliers and we're going to correct it." Featured Gallery 2013 Toyota Camry Hybrid: Review View 23 Photos News Source: Toyota Green Chicago Auto Show Toyota AutoblogGreen Exclusive Hybrid camry hybrid bob carter