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Michigan argues Tesla “never sought the ability to directly sell” within state

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Michigan officials have filed a response to a Tesla federal lawsuit which alleges that the state has unfairly denied the Silicon Valley-based electric car company from selling cars within the state. At issue is a “Anti-Tesla” amendment that prevents the company’s effort to “sell and service its critically-acclaimed, all-electric vehicles at Tesla-owned facilities” in that state.

The state says they have an entirely different interpretation and call Tesla’s version “incorrect.” Michigan requires that vehicles must be sold through a franchised dealer. Today’s state response includes Michigan’s argument that Tesla “has never sought the ability to directly sell its vehicles in Michigan but only licenses to operate dealerships.”

In an email to The Detroit News today, Tesla said, “If it’s the state’s position that Tesla can sell its cars directly to consumers, Tesla welcomes that opportunity and invites the state to work with us so that we can start serving our customers in Michigan as soon as possible.”

Of course, the Big Three automakers — General Motors, Ford Motor Company, and Fiat Chrysler Automobiles US— have their headquarters in the Detroit area.

An October 2014 Michigan state law bans automakers from selling vehicles directly to consumers. The Michigan Legislature, backed by the state’s new-car dealership lobby, voted strongly in favor of the amendment, which has come to be known as the “anti-Tesla” bill. Many believe that the law was intended to close a loophole that Tesla has used in other states to maintain company-owned retail stores and bypass the dealership route. Tesla’s complaint outlines that the “only conceivable reason” for the law is “to reward the dealers’ generous lobbying efforts by handing them a monopoly.”

Tesla seeks two things in its lawsuit. To start, it is asking for a declaratory judgment that Michigan’s ban on direct-sales violates the Due Process, Equal Protection, and Commerce Clauses of the Constitution as applied to Tesla. The law, Tesla says, prohibits it from selling its vehicles directly to consumers, and it also precludes Tesla from performing service and repairs within the State. Moreover, Tesla wants a permanent injunction preventing state officials from enforcing the law, including the October 2014 amendment.

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What’s the state’s retort? The state argues a 2000 state law would not have allowed Tesla to sell its vehicles, and Tesla wasn’t incorporated until three years later. “The statutory scheme that plaintiff claims discriminates against plaintiff has existed in its current form since before plaintiff existed as a company,” the state says in its response.

The Michigan Secretary of State’s office had denied Tesla’s new-dealership license request in September. The governor had declared that the law “clarifies and strengthens” an existing long-standing prohibition of new car direct sales in Michigan. Soon after, on September 22, 2016, Tesla filed the lawsuit in federal court in western Michigan against three individuals: Governor Rick Snyder, Michigan Secretary of State Ruth Johnson, and Attorney General Bill Schuette. The state contends that none of these individuals has “violated any of plaintiff’s constitutional rights, or any rights whatsoever.”

Earlier this month, Tesla opened a Troy gallery showroom, housed within a Nordstrom department store. With an artistic atmosphere, the 700-square-foot space includes a Model X SUV for consumers to scrutinize. However, no sales can be made at the site. Instead, customers must head online for product details and ordering information.

Governor Snyder commented about the Tesla-Nordstrom gallery with a politician’s finesse. “That’s a legal issue that I’ve said would be a good topic for the Legislature to look at, to say what about new manufacturers and those issues. I would encourage our Legislature to look at (Tesla’s gallery surrogate showroom) when they deem appropriate.”

Tesla is requesting a jury trial.

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“Tesla will continue to fight for the rights of Michigan consumers to be able to choose how they buy cars in Michigan. Giving auto dealers a monopoly on car sales benefits them, but harms consumers,” said Tesla in a statement.

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 lands approval for Robotaxi operation in third U.S. state

On Tuesday, Tesla officially received regulatory approval from the State of Arizona, making it the third state for the company to receive approval in.

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Tesla has officially landed approval to operate its Robotaxi ride-hailing service in its third U.S. state, as it has landed a regulatory green light from the State of Arizona’s Department of Transportation.

Tesla has been working to expand to new U.S. states after launching in Texas and California earlier this year. Recently, it said it was hoping to land in Nevada, Arizona, and Florida, expanding to five new cities in those three states.

On Tuesday, Tesla officially received regulatory approval from the State of Arizona, making it the third state for the company to receive approval in:

Tesla has also been working on approvals in Nevada and Florida, and it has also had Robotaxi test mules spotted in Pennsylvania.

The interesting thing about the Arizona approval is the fact that Tesla has not received an approval for any specific city; it appears that it can operate statewide. However, early on, Tesla will likely confine its operation to just one or two cities to keep things safe and controlled.

Over the past few months, Robotaxi mules have been spotted in portions of Phoenix and surrounding cities, such as Scottsdale, as the company has been attempting to cross off all the regulatory Ts that it is confronted with as it attempts to expand the ride-hailing service.

It appears the company will be operating it similarly to how it does in Texas, which differs from its California program. In Austin, there is no Safety Monitor in the driver’s seat, unless the route requires freeway travel. In California, there is always a Safety Monitor in the driver’s seat. However, this is unconfirmed.

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Earlier today, Tesla enabled its Robotaxi app to be utilized for ride-hailing for anyone using the iOS platform.

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Tesla ride-hailing Safety Monitor dozes off during Bay Area ride

We won’t try to blame the camera person for the incident, because it clearly is not their fault. But it seems somewhat interesting that they did not try to wake the driver up and potentially contact Tesla immediately to alert them of the situation.

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Credit: u/ohmichael on Reddit

A Tesla Robotaxi Safety Monitor appeared to doze off during a ride in the California Bay Area, almost ironically proving the need for autonomous vehicles.

The instance was captured on camera and posted to Reddit in the r/sanfrancisco subreddit by u/ohmichael. They wrote that they have used Tesla’s ride-hailing service in the Bay Area in the past and had pleasant experiences.

However, this one was slightly different. They wrote:

“I took a Tesla Robotaxi in SF just over a week ago. I have used the service a few times before and it has always been great. I actually felt safer than in a regular rideshare.

This time was different. The safety driver literally fell asleep at least three times during the ride. Each time the car’s pay attention safety alert went off and the beeping is what woke him back up.

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I reported it through the app to the Robotaxi support team and told them I had videos, but I never got a response.

I held off on posting anything because I wanted to give Tesla a chance to respond privately. It has been more than a week now and this feels like a serious issue for other riders too.

Has anyone else seen this happen?”

My Tesla Robotaxi “safety” driver fell asleep
byu/ohmichael insanfrancisco

The driver eventually woke up after prompts from the vehicle, but it is pretty alarming to see someone like this while they’re ultimately responsible for what happens with the ride.

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We won’t try to blame the camera person for the incident, because it clearly is not their fault. But it seems somewhat interesting that they did not try to wake the driver up and potentially contact Tesla immediately to alert them of the situation.

They should have probably left the vehicle immediately.

Tesla’s ride-hailing service in the Bay Area differs from the one that is currently active in Austin, Texas, due to local regulations. In Austin, there is no Safety Monitor in the driver’s seat unless the route requires the highway.

Tesla plans to remove the Safety Monitors in Austin by the end of the year.

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Tesla opens Robotaxi access to everyone — but there’s one catch

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Credit: Tesla

Tesla has officially opened Robotaxi access to everyone and everyone, but there is one catch: you have to have an iPhone.

Tesla’s Robotaxi service in Austin and its ride-hailing service in the Bay Area were both officially launched to the public today, giving anyone using the iOS platform the ability to simply download the app and utilize it for a ride in either of those locations.

It has been in operation for several months: it launched in Austin in late June and in the Bay Area about a month later. In Austin, there is nobody in the driver’s seat unless the route takes you on the freeway.

In the Bay Area, there is someone in the driver’s seat at all times.

The platform was initially launched to those who were specifically invited to Austin to try it out.

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Tesla confirms Robotaxi is heading to five new cities in the U.S.

Slowly, Tesla launched the platform to more people, hoping to expand the number of rides and get more valuable data on its performance in both regions to help local regulatory agencies relax some of the constraints that were placed on it.

Additionally, Tesla had its own in-house restrictions, like the presence of Safety Monitors in the vehicles. However, CEO Elon Musk has maintained that these monitors were present for safety reasons specifically, but revealed the plan was to remove them by the end of the year.

Now, Tesla is opening up Robotaxi to anyone who wants to try it, as many people reported today that they were able to access the app and immediately fetch a ride if they were in the area.

We also confirmed it ourselves, as it was shown that we could grab a ride in the Bay Area if we wanted to:

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The launch of a more public Robotaxi network that allows anyone to access it seems to be a serious move of confidence by Tesla, as it is no longer confining the service to influencers who are handpicked by the company.

In the coming weeks, we expect Tesla to then rid these vehicles of the Safety Monitors as Musk predicted. If it can come through on that by the end of the year, the six-month period where Tesla went from launching Robotaxi to enabling driverless rides is incredibly impressive.

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