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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 recalling 1.9M Prius models globally for software update

Toyota has announced a set of voluntary recalls covering 960,000 Prius, RAV4, Tacoma and Lexus RX350 models in the United States to address two separate issues. Worldwide, Toyota will have to recall a total of 1.9 million Prius cars.
The Prius recall affects about 700,000 2010-2014 models in the US, due to a fault in the motor/generator control ECU and hybrid control ECU software. It says that the current software could result in high temperatures on certain transistors and possibly damage them. When it fails, the error forces the car into failsafe mode. Toyota says that in rare circumstances, it could even shut the hybrid system down while the car is being driven.
Toyota spokeswoman Shino Yamada told Automotive News that the software update should take about 40 minutes, and dealers would start to be notified about affected vehicles today. She also told them that the first reported glitch occurred in May 2011 in the US when the system overheated and the car entered failsafe mode. The affected cars were built between March 2009 and Feb. 5, 2014, according to Automotive News. Toyota says that it has received no reports of accidents or injuries caused by either fault.

Toyota officially outsells GM, VW through first three quarters

When it comes to global vehicle deliveries, the term "Big Three" doesn't apply to Ford, Chrysler and General Motors, but instead Toyota, GM and Volkswagen - in that order - through the third quarter of 2013. Toyota sold 7.41-million vehicles through the third quarter and is on track to deliver more vehicles this year than GM and VW, which sold 7.25-million and 7.03-million, respectively, through the same period, Bloomberg reports.
During the third quarter, from July to September, Toyota's 2.5-million deliveries helped to push it higher than its closest competitors this year. In that period, GM delivered 2.4-million vehicles while VW posted 2.33-million deliveries.
Part of the reason behind Toyota's and other Japanese automakers resurgence globally is the weakened yen, which can be attributed to policies made by Prime Minister Shinzo Abe since he took office in December 2012. Many refer to those monetary easing policies as 'Abenomics,' which has led some, such as Ford, to call Japan a currency manipulator and is a big reason why the US is lobbying to oppose Japan's entry into the Trans-Pacific Partnership (TPP).