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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.

Additionally, Sec. 20. of the bill reads:

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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.

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.”

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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.

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.

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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.”

 

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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Cybertruck

Tesla clears the air on Cybertruck ‘deactivation’ video that is obviously fake

Tesla has cleared the air on the viral video, stating it is fake.

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Credit: Cybertruck | X

Tesla has cleared the air regarding a video that has been circulating, where the owner claims his Cybertruck was “deactivated” by the company while he was driving.

The video was shared on X and showed a driver pulled over on the side of the road, claiming his Cybertruck had been deactivated by Tesla in the middle of traffic. It is very obviously fake to those who know the company, but these kinds of things have a tendency to pick up steam.

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The video shows a screen that says:

“Tesla Cybertruck De-Activated. Critical Issue Detected | Contact Customer Service, Comply with Cease & Desist to Re-Activate. Update Failed, Return to Dealer.”

The same person who posted the video also shared an image of what appears to be a Cease and Desist letter from Tesla, but it is also likely fake:

The company finally responded to the video on Monday afternoon, stating that the video is, in fact, fake, reiterating that it will not disable vehicles remotely for any reason.

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It is a shame that these types of things happen, especially as people are prone to believe anything they see on the internet. As there is so much misinformation circulating surrounding Tesla and its CEO Elon Musk, it is no surprise that someone would leverage the situation for their own benefit.

If that Cease and Desist letter is not real, perhaps the next one might be. These types of things can truly cause damage to a company’s reputation, and someone getting an idea that Tesla would remotely deactivate a car could prevent them from buying one.

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Elon Musk

Elon Musk is stepping up for Tesla Service in a big way

Elon Musk has stepped up to resolve a handful of customer issues regarding vehicle service.

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tesla service
Credit: Tesla

Elon Musk is stepping up to help customers in a big way, especially when they are having issues with Tesla’s Service.

Perhaps one of the biggest advantages Tesla owners have is access to Musk through X, his social media platform. Over the years, we’ve seen Tesla add features, refine its cars’ performance, and more, all through asking Musk directly through a post.

Now, Musk is stepping up in another way by resolving a few Service complaints that customers had.

The first occurred last week when a recall on a Tesla battery was not honored by Service. The company sought $30,000 for a replacement and labor, which was not right. Musk responded that he would personally investigate the matter. The vehicle was fixed at no cost as it was a recall, and was ready for pickup the next day.

It also revealed a new strategy Tesla is using to combat service communication issues:

Tesla creates clever solution to simplify and improve its Service

The next occurred with a Cybertruck owner who was in Japan. Their car was parked at an airport in the U.S. and had lost a vast majority of its state of charge, leaving them just fifty miles of range at the time.

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Musk reached out to the owner and said Service will take care of the car and will investigate the cause of the battery drain:

There are not too many companies out there where the CEO will get involved with individual issues like these. It’s pretty exclusive to Tesla, as Musk has commonly stepped up to resolve complaints with vehicles or to confront features that some owners might find useful.

Service has been a weak point of the company for some time, but it has worked to refine and resolve customer complaints by building more Service Centers across the world that can handle these issues.

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Elon Musk

Tesla CEO Elon Musk confirms Robotaxi is opening to the public: here’s when

Anyone will be able to request a Tesla Robotaxi in September, Elon Musk said this morning.

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Credit: Joe Tegtmeyer | X

Tesla CEO Elon Musk has confirmed that the company’s Robotaxi platform is opening to the public, and he even gave a timeline for when anyone will be able to access one for a ride.

Tesla’s Robotaxi platform launched to a small group on June 22 in Austin, Texas. The company has continued to expand the number of riders and its geofence over the past month and a half.

Tesla officially launches Robotaxi service with no driver

Additionally, it launched rides in the Bay Area of California, but it differs slightly, as the Texas Robotaxi platform does not utilize a Safety Monitor in the driver’s seat. In California, the monitor sits in the driver’s seat.

As the geofence, service areas, and testing populations expand, Tesla fans are awaiting their elusive emails that enable their ability to use the Robotaxi platform. It now seems that the email will come soon, as Musk said Tesla will open up public access to Robotaxi next month:

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Tesla has been prioritizing safety over anything else with the launch of the Robotaxi platform, which is why it has been slow to push invitations to new riders. It is confident in the abilities of the platform and its Full Self-Driving suite, which has been proven with data.

However, even a single accident could set Tesla back years in terms of its development of self-driving cars. It is not a risk it is willing to take.

Musk said during the recent Q2 Earnings Call:

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“We need to make sure it works when the vehicles are fully under our control. It’s kind of one step at a time here. We don’t want to jump the gun. As I said, we’re being paranoid about safety. But I guess next year is I’d say confidently next year. I’m not sure when next year, but confidently next year, people would be able to add or subtract their car to the Tesla, Inc. fleet.”

As the platform will expand in Austin and the Bay Area for anyone, Tesla still continues to reiterate that Robotaxi will be available for everyone sometime next year, as Musk said in the quote above.

Things will continue to improve over time, and Tesla will likely expand its geofence in both regions in the coming weeks. It has already done that in Austin twice, with about a doubling in size occurring both times.

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