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Indiana is back with another bill to ban Tesla’s direct sales model

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If a proposed Indiana House bill is passed, manufacturers of “all-electric vehicles” would be banned from selling directly to consumers. The bill does not direct any specific language to Tesla Motors, Inc., but the innovative vehicle manufacturer is clearly the target of the legislation. Add Indiana into the mix of Tesla’s long list of court cases pending in which car dealers and automakers claim that they, as intermediaries, have sole right to sell vehicles to consumers.

Indiana House Bill 1592

Indiana automakers have traditionally used an established network of dealers who negotiate with buyers and provide automotive repair services. These automakers are part of a large umbrella of politically influential groups. They argue that Tesla’s model allows the company to evade laws, which confers an unfair advantage to Tesla and provides no accountability to its buyers.

Here is the synopsis of the Indiana House Bill 1592.

Automobile sales requirements. Provides that a manufacturer may engage in sales directly to the public only if the manufacturer meets certain requirements. Provides that a manufacturer can no longer engage in sales directly to the public after the earlier of: (1) reaching 1,000 units in cumulative annual sales; or (2) six years after the initial dealer’s license is granted.

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Additionally, Sec. 20. of the bill reads:

A manufacturer licensed under this article may engage in sales directly to the general public only if the manufacturer (1) has exclusively offered for sale to the general public in Indiana all-electric vehicles on a continuous basis since July 15, 2015; (2) has never offered for sale to the general public in Indiana a line make of new motor vehicles through a franchised motor vehicle dealer.

Tesla is the only vehicle manufacturer which meets these particular criteria. Tesla sells its electric vehicles directly to consumers, while other manufacturers like General Motors, Ford, Subaru, and Toyota sell through Indiana dealerships. If passed, the bill would severely limit Tesla’s ability as a manufacturer to sell to the public:

Subject to the expiration schedule under IC 9-32-11-12.5, a manufacturer can no longer sell to the public after the earlier of the following: (1) A manufacturer described in this section reaches cumulative annual sales of one thousand (1,000) units to the general public from its licensed location in Indiana.

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The author of the bill, Rep. Edmond Soliday, a Republican, has authored or co-authored several transportation bills, including transportation infrastructure funding, automated traffic enforcement, vehicle excise taxes, and department of transportation property matters. He defeated Midwest Environmental Systems CEO Pamela Fish in the November, 2016 elections. House Bill 1592 will be heard by the Roads and Transportation committee.

Last year another Republican, Rep. Kevin Mahan, supported a similar bill that would have forced manufacturers to sell their vehicles through a dealership. “For the average Hoosier, purchasing an automobile can be daunting and a big investment,” Mahan said. “A greater variety of vehicles are now available and can be brought directly to consumers virtually anywhere in the country. In the event of a recall or malfunction, consumers should be protected.”

Arguments against limiting manufacturer sales

Tesla Motors, Inc.’s Vice President of Corporate and Business Development Diarmuid O’Connell testified against House Bill 1592. “Tesla does not operate through some kind of loophole in Indiana law,” O’Connell said. “The current law is explicit in Tesla’s ability to sell directly and, as written today, it is not broken.” O’Connell’s remarks point to current Indiana law in which an auto manufacturer is not allowed to open a store in direct competition with an affiliated franchised dealer. Tesla has no direct competition franchise dealers in Indiana and has always sold directly to consumers. O’Connell added that Tesla’s presence in Indiana has “brought only good to the consumer welfare without harming anyone — not even the dealers.”

At stake is more than a corporate tug-of-war between automakers. Tesla’s electric vehicles are at the heart of that vision for tomorrow’s consumer domestic transportation and will continue to flourish and change the way automakers in the U.S. and abroad have conducted business as usual.

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If “you’re interested in promoting competition and free market principles … you recognize direct distribution, particularly for a company like Tesla, is critically important,” said Todd Maron, the company’s chief counsel, during remarks at a 2016 Federal Trade Commission event. “We don’t simply believe that [electric vehicles] represent a nice complement to gas powered cars. We believe that it’s imperative that they are replaced entirely by electric vehicles.” An end to franchising laws would advance that goal and place low-mileage gas-powered vehicles at risk of obsolescence.

Arguments in favor of limiting manufacturer sales

A coalition of free market groups, led by Americans for Tax Reform President Grover Norquist, argues that ending or restricting automotive franchising would actually decrease consumer choice. Norquist believes that reducing competition among dealers selling the same car brands hurts consumers. Franchising laws were actually created by anti-trust efforts at the Federal Trade Commission and “they sustain market competition rather than undermine it.” Last year, the group accused federal regulators of ignoring evidence that would undermine proposed measures governing automotive sales that stand to enrich what they saw as a “politically-powerful company” at consumers’ expense.

Harry Tepe, owner of Tom Tepe Auto Center in Milan, Indiana, supports legislation that would further protect consumers in the auto industry. “We just want to make sure there are protections in place for the consumers,” Tepe said. “The issue at hand is that the loophole is still open that allows any manufacturer to come in and market a vehicle and sell directly to the public without having any protections in place for the consumer.” He takes the position that dealerships are responsible for being a liaison between the consumer and the manufacturer.

Lobbying on behalf of the automotive industry

Proponents and opponents of Indiana House Bill 1592 are, in many cases, influenced by a powerful automotive lobby in the U.S. Automotive industry lobbyists use a combination of strategies to gain influence. They do a lot of research, sit down with lawmakers one-on-one, deliver  messages in writing, and call Congressmen and members of the administration on the phone.

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“If you’re a big company, like a carmaker, and you’re lobbying lawmakers, you’re almost like a pro sports team. You want to get the big names, the most talented, most knowledgeable people,” said David Levinthal, communications director for the Center for Responsive Politics, a non-partisan research group that tracks the money spent in the U.S. political system and its effect on elections and public policy. “So, these big companies, in the major industries, hire former Congressmen and top Congressional staffers and other high-ranking government officials to be their lobbyists, because those are the folks who know who all the other major players are and they know the ways of Washington.”

 

Source: OpenSecrets.org

 

Carolyn Fortuna is a writer and researcher with a Ph.D. in education from the University of Rhode Island. She brings a social justice perspective to environmental issues. Please follow me on Twitter and Facebook and Google+

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Tesla improves Dashcam playback with awesome addition

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Image Credit: The Kilowatts/Twitter

Tesla has improved Dashcam playback with an awesome new addition, as the company has launched a web-based version that is potentially easier to navigate and operate.

The tool is available at dashcam.tesla.com and will be enabled as your vehicle receives the 2026.20 Software Version. Clips that are captured by your Tesla will be available on the Online Dashcam Clip Viewer once the files on your car’s storage drive are encrypted.

Not a Tesla App first noticed the new feature, and states that once your Tesla updates to 2026.20, the car will automatically protect the clips with an encryption key that is uniquely tied to your owner account.

The web-based viewer should be easier to operate for most. All you will do is head over to dashcam.tesla.com and log in using your account credentials.

Ensure your vehicle is updated to 2026.20 in order for the web-based viewer tool to fetch your vehicle’s saved dashcam clips.

Currently, only a small percentage of owners are updated to this, so it may be a couple of weeks until a majority of owners in the fleet are able to access this feature.

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Watching Dashcam clips on the Tesla smartphone app is quick and convenient, as they can also be easily downloaded and stored right on your smartphone.

However, the clips are sometimes tougher to navigate, and in order to get details like self-driving activation, speed, and turn signals, owners have to screen record the Tesla app and crop out the rest of the screen.

It could also be a massive storage saver as you’ll be able to download the Dashcam clips from the online viewer and save them to your laptop, desktop, a flash drive, or even an external hard drive. This will keep all your clips in one place.

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Tesla Full Self-Driving attempts 150-mile stress test: the good and the bad

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Credit: TESLARATI

I recently took my Tesla Model Y running Full Self-Driving (Supervised) v14.3.3 over 150 miles on the Pennsylvania Turnpike in an effort to truly put the system under a stress test. There were a lot of good moments, and some bad, but overall, Full Self-Driving impressed me.

Last Thursday, I decided it was time to visit the Flight 93 National Memorial near Shanksville, PA. I go a few times a year, and it was a beautiful day. Others have taken some pretty lengthy drives using FSD, but I haven’t had the opportunity to really do something lengthy in quite a few months on an older version. I decided it was the perfect opportunity to try some things out.

I recorded the entire ride there on a GoPro, edited to highlight the crucial moments, and shared them on our social media accounts. If you want to watch them, I’ll share them throughout the piece, but I did not get to do a real breakdown of what I felt about its performance.

Overall Thoughts

I realize it is probably better to do a summation of its performance toward the end of the piece, but I feel like it is also reasonable to lead with this because I was overly impressed with how well it handled everything. The only moments where I felt a little bit of reason to touch the wheel, at least while traveling on the Turnpike and Rt. 30, were due to other drivers and their behaviors.

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I have taken many drives to the Memorial over the past several years, and although it’s not incredibly long, it is a tiring drive. It’s about five hours both ways, close to 300 miles, and I think most of the exhaustion comes from the toll of sitting in the car and then visiting something that is pretty heavy to take in.

This was the first time I’ve ever taken the ride and not felt like I needed to avoid my vehicle after I got home. In the past, I could not even think about driving after I finally arrived at my house, but this was simply different.

It was nice to have something else take the drive for me, while I still had the freedom to take over if I chose to. It made the entire trip more enjoyable.

Full Self-Driving Recognizes Lane-Ending Arrows on Road

After traveling in the fast lane for a little while, FSD noticed the arrows on the road indicating the lane was coming to an end ahead. The car was also in the process of making a pass on a slower vehicle in the middle lane, but aborted this maneuver and backed off to get behind the vehicle.

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I was really impressed by this because I thought that the car would absolutely try to make the pass, only to get in front of the other car, and then slow back down to 75 MPH:

Full Self-Driving Notices Veering Tractor Trailer, Adjusts Lane Positioning

My two rules of the road are never cruise in the fast lane and never drive next to a tractor-trailer. This clip is a perfect example as to why.

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FSD v14.3.3 recognized this tractor-trailer attempting to change lanes while we were still next to it. The car shifted its lane positioning to the shoulder slightly to make room for the merging semi, executed the pass safely, and on we went.

I will admit this one made me a little nervous, but more so because of the 18-wheeler, and not because of the Tesla:

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Full Self-Driving Follows the Rules of Tunnel Travel

Many people who are not familiar with Full Self-Driving and its capabilities are pretty limited in what they know about the really simple things it does well. Part of supervising FSD is being aware of things it might make mistakes with, and anticipating maneuvers it might want to make at the wrong time.

Entering the Blue Mountain Tunnel on the Turnpike, I was ready for FSD to attempt to get back into the right lane after making a pass on a tractor-trailer, but I was pleasantly surprised. Several signs outside the tunnel advise drivers to stay in the lane they’ve chosen while driving through the tunnel; this eliminates the possibility of an accident caused by lane changes, which would impede traffic on a crucial logistics route.

I was happy to see that Tesla Full Self-Driving v14.3.3 did not make this mistake:

Full Self-Driving Navigates Toll Plazas with Ease

I was interested to see how FSD would handle toll plazas, including the speed at which it would travel through them, and whether it would stop on the Turnpike at these booths, which have since been transitioned to a “Toll by Plate” system, which mails you a bill.

It was flawless:

Full Self-Driving Still Struggles with Parking from Time to Time

Since I took delivery in late August, I’ve never had a single instance of my Tesla struggling to park at a Supercharger. Other spots at the mall, market, or gym are another story.

This was the first time it did such a terrible job of backing into a spot. This required me to take over and manually park at another charger:

Full Self-Driving Gets Confused After Arriving at Its Destination

This was the first time I have ever experienced FSD getting confused and just circling the lot. The navigation continued to reroute to try to resolve the issue, but after four laps, I decided it was time to overtake the car’s controls and park manually:

This was a baffling behavior that I truly couldn’t explain. Other owners communicated that they have also experienced this issue.

Final Thoughts

I am so incredibly impressed by FSD that it has really made traveling stress-free. The two issues related to parking were not ideal, but to be fair, I usually take over when arriving at parking lots. However, this shortcoming is something Tesla has to make some serious progress with, because parking has truly stumped FSD at times.

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Solving that will be a major breakthrough for autonomy, but Tesla has struggled with it for some time.

All in all, FSD v14.3.3 is unbelievably accurate and handles many of the more stressful maneuvers with ease, one of them being avoiding merging traffic on highways, which was shown above.

Some things that would be great to see improvements on are parking, Speed Profiles, which are relatively tough to adjust (I stayed in Standard for the duration of this drive), and, of course, navigation.

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SpaceX’s amended S-1 is sparking a major Tesla merger conversation

A single line in SpaceX’s amended S-1 just sent Tesla stock down 5% in one day.

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A single line buried in SpaceX’s amended S-1 filing is doing more to move Tesla’s stock price than anything Tesla itself has announced in months. The clause, disclosed as SpaceX prepares for what could be the largest IPO in Wall Street history, states that the company “may issue a significant amount of equity in connection with future transactions.” While this may be seen as boilerplate language in S-1 filings, the historical ties between SpaceX and Tesla, and with Elon Musk reportedly discussing a possible merger with close colleagues, investors are interpreting it as something closer to a signal.

The concern among institutional investors like Gary Black, managing director of The Future Fund, pointed directly to the amended filing on X, saying it “strongly suggests more SPCX equity will be issued,” which could potentially be used to acquire Tesla. He estimated such a deal could be 28% dilutive to Tesla shareholders since SpaceX would likely command a significantly higher valuation multiple. Black added that institutional investors he knows hate the idea of a combination because they prefer pure plays over conglomerates, which he said “nearly always gravitate to the lowest common multiple.”

The Tesla and SpaceX merger everyone is talking about is quietly building

The bull case runs the math differently. Tesla influencer and retail shareholder advocate AleXandra Merz pushed back on what she called a widespread misunderstanding of how merger-of-equals deals actually work. Rather than simply splitting the difference between two market caps, a merger exchange ratio is negotiated based on relative fair market values, meaning the lower valued company typically sees its stock reprice upward toward the deal value.

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Under her model, SpaceX enters at a $2.5 trillion valuation and Tesla at $1.6 trillion, producing a combined entity worth $4.1 trillion split evenly between both shareholder groups. That implies Tesla’s side of the deal would be valued at $2.05 trillion, a gain of roughly $450 billion from its current market cap. She cited Dow-DuPont and CBS-Viacom as historical examples of how markets reprice both companies toward the announced exchange ratio after a deal is unveiled.


The SpaceX S-1 amendments also revealed just how much financial infrastructure already binds the two companies together. As Teslarati has reported, SpaceX purchased $697 million in Tesla Megapacks, $131 million in Cybertrucks, and the two companies have shared supply chain resources, and semiconductor fabrication plans since well before any merger conversation became public. A retail poll by Tesla influencer Sawyer Merritt is finding that 36% of respondents do not plan to buy SpaceX shares at IPO and 15.3% saying their decision depends on the valuation.


Whether the merger happens or not, the amended filing is seemingly moving markets and sharpened a debate that is no longer theoretical. SpaceX is weeks away from trading publicly, and Tesla shareholders are now watching every word of every filing for clues about what Musk plans to do next.

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