Connect with us

News

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

Published

on

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.

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.

Advertisement
-

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.

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.

Advertisement
-

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.

“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.”

 

Advertisement
-

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+

Advertisement
Comments

Elon Musk

The Boring Company’s latest Tesla tunnel truck mod “fits like a glove”

The Boring Company has modified a Tesla powered tunnel truck to carry freight containers underground.

Published

on

By

the-boring-company-tesla-robotaxi

The Boring Company has found a second job for the Tesla hardware it already runs underground. In a post on X, Elon Musk’s tunneling company showed its latest Prufrock Liner Truck modified to carry a standard 20 foot shipping container. “Using TBC tunnels to transport freight,” the company wrote. “The latest Prufrock Liner Truck (using Tesla Model 3 batteries and drive units) has been modified to carry a standard 20′ shipping container. Fits like a glove!”

The photo shows a red container sitting on a long, low white chassis parked outside, with drive hardware visible at one end. The Boring Company did not say where or when freight hauling would start, which customers it has in mind, or how many trucks it is converting.

Advertisement
-

Until now, the liner trucks have hauled concrete. Teslarati reported in August on Liner Truck 3, which uses Model 3 battery packs and drive units to move more than 22,000 pounds of precast tunnel segments to the boring machine. It has 28 miles of range, tops out at 12 mph, and is piloted remotely from the company’s operations center in Texas. The freight version appears to be the same platform with a different bed, and The Boring Company has not said whether it will also be remotely piloted.

Freight has been on the company’s menu for years. When TBC updated its product lineup in 2021, its freight tunnel was described as sized to fit a standard shipping container, “barely.” The company later used the idea at Tesla’s own factory, where Prufrock 3 dug a tunnel to Giga Texas that now moves finished Cybertrucks away from the production line.

The Boring Company closed a $3 billion Series D in September at a $23 billion valuation, and Teslarati has covered how that money is tied to a UAE tunneling push and a faster Nashville build. In Nashville, Prufrock MB1 and MB2 are mining at the same time, and a third machine is expected to launch in late October. Each machine needs a steady supply of liner trucks, so any design that works for segments and containers alike gives the company more use out of the same Tesla parts.

The Vegas Loop remains the only Boring Company system open to the public, and it moves passengers in Tesla vehicles. A freight service would be a separate product, and the post gave no indication that one is close to launch. For now, it is a truck, a container and a short caption saying they fit together.

Continue Reading

Elon Musk

Elon Musk will give ‘every kid in America’ a SpaceX share in 2027

Published

on

Credit: Grok Imagine

Elon Musk said he is planning to give “every one of his SpaceX shares to every kid in America” in 2027, stating that “this will be the first of many.”

SpaceX went public earlier this year, and its stock price has been relatively stable since leveling off shortly after its IPO. Based on its current price, it’s a gift of just over $10 billion to children across the United States.

It appears to be closely related to President Donald Trump’s bank accounts for children, which were set up earlier this year as Trump Accounts.

Just hours earlier, Anthropic had announced the establishment of its Anthropic Public Benefit Fund, “a new wholly-owned entity dedicated entirely to public benefit.” Musk responded by stating he recommended “giving the shares directly to the public,” and that he would be doing it that way.

Just a little bit later, Musk said children across the U.S. would be getting a share from him:

Advertisement
-

There are roughly 70 million children, meaning someone under the age of 18, in the United States, according to the Federal Interagency Forum on Child and Family Statistics. Musk’s ownership of SpaceX stock shows he has around 849 million Class A shares of SpaceX stock, according to filings with the SEC.

Continue Reading

Elon Musk

Elon Musk reveals why Boring Co’s biggest East Coast project never happened

Published

on

(Credit: The Boring Company)

Elon Musk revealed in a post on X that “Permits were impossible to get,” explaining the fate of The Boring Company’s most ambitious East Coast proposal.

The comment responded to a query about what became of his July 20, 2017 announcement that he had “just received verbal govt approval” for an underground Hyperloop connecting New York City, Philadelphia, Baltimore, and Washington, D.C., capable of carrying passengers from the Big Apple to the Nation’s Capital in just 29 minutes.

The Boring Company receives verbal ‘approval’ to build NY to DC Hyperloop tunnel

The 2017 post, which envisioned city-center stations and multiple elevators in each city, sparked immediate scrutiny. Local and state officials in New York, Philadelphia, Baltimore, and D.C. said they had no knowledge of any approval. A White House spokesperson confirmed only “promising conversations” about the transformative infrastructure.

Musk clarified shortly after that there was “still a lot of work” to do for formal approvals.

Limited progress followed, as Maryland Governor Larry Hogan’s administration issued a conditional utility permit and supported work near Fort Meade. In 2018, Washington, D.C., granted a preliminary permit for site preparation and excavation on a vacant lot at 53 New York Ave. NE in the NoMa neighborhood, which The Boring Company said could become a station.

A draft environmental assessment for a D.C.-Baltimore segment was released in 2019. Yet, by April 2021, the company had removed the project from its website, and the Federal Highway Administration reported receiving no indication of further interest. Communication with Maryland officials had ceased.

The full corridor would have required coordination among the District of Columbia, Maryland, Pennsylvania, New York, the Federal Highway Administration, the Army Corps of Engineers, the National Park Service, and other agencies.

Environmental reviews under the National Environmental Policy Act, utility clearances, and approvals for novel infrastructure added to the overall complexity of the project and its approval.

Speculation on the permitting barriers centers around a few factors, but a multi-state, multi-level route involving unproven high-speed vacuum-tube technology inherently triggers exhaustive safety, environmental, and engineering reviews that can stretch for years, even for conventional projects.

Advertisement
-

There are also other elements, of course, like officials who may face political exposure if a privately funded, untested system encountered anything such as cost overruns, delays, or safety issues. On the outset of this project, there were limited things such as engineering plans or demonstrated technology maturity, which also added to the potential skepticism.

The East Coast vision for Boring Co., once framed as a privately funded revolution that could reshape Northeast travel, quietly ended without construction of the promised network. Musk’s recent statement frames the outcome as a regulatory impasse, unfortunate but not unexpected.

Continue Reading