Connect with us

News

Tesla, Rivian still face complicated direct sales laws across U.S. states

Credit: Alex Guberman at E for Electric

Published

on

Executives from both Tesla and Rivian have commented on the decades-long fight to overturn direct vehicle sales bans across many U.S. states, reigniting a long-held conversation in the electric vehicle (EV) community about dealership policy lobbying groups and online sales models.

Tesla has managed to side-step direct sales bans in many states through legal loopholes such as leasing-only models, processing purchases as out-of-state transactions, or simply opening stores in exempted tribal territories where the company’s stores will be exempt from dealership mandates. In other states, the company is still completely prohibited from selling vehicles, such as in Louisiana, where a U.S. appeals court just upheld Tesla’s right to sue the state over the direct-sales ban in August.

In Connecticut last July, Tesla managed to open a store on sovereign Mohegan tribal land, effectively side-stepping the U.S. state’s ability to prohibit direct sales. The Connecticut Automotive Retailers Association (CARA), a dealership lobbying group, immediately spoke out against the decision, though it gained support from Governor Ned Lamont.

Elsewhere, Tesla, Rivian, and many others sporting a direct sales model also face state store limits, and some executives have recently highlighted the decades-long fight to overturn these kinds of laws.

Other states have bans on service centers, storefronts, or both, while some only allow Tesla to sell vehicles online, though they must make deliveries through a service center. The latter includes Texas, where Tesla’s headquarters is located and where it operates a U.S. Gigafactory. As for Rivian, it faces a similar situation through its Seattle retail “Space,” since company representatives are prohibited from sharing specific details on prices or receiving orders.

Advertisement

As such, the state-to-state laws can be difficult for EV companies like Tesla and Rivian to wade through and operate under, so it shouldn’t come as much of a surprise when they point to dealership lobbying practices that keep them in place as being bad—or to their local teams who are working on overdrive.

Rivian CEO on state-to-state dealership laws

In a report published on Thursday, Rivian CEO RJ Scaringe said that dealership franchise laws were “as close as you can get to corruption,” as stated during a discussion with InsideEVs about whether Rivian’s recent Volkswagen partnership could let the startup work through VW dealerships. The report has reignited long-held discussions about states where Tesla, Rivian, and others aren’t allowed to operate—and seemingly due to powerful lobbying from dealership groups.

“Unfortunately, in the United States, it’s not an easy question,” Scaringe said as to the proposition of selling through VW’s dealers. “We have this horrific state-by-state level of rules that are as close as you can get to corruption.

“I think you essentially have, like, lots of dealers have paid for laws that make it really hard for us to interact directly with the consumer,” the Rivian CEO adds.

RELATED: Tesla granted license for direct vehicle sales in Kentucky

Advertisement

Tesla VP of Finance on state-to-state dealership laws

As a follow-up to the story, Tesla VP of Finance Sendil Palani shared his thoughts in a post on Saturday, praising the company’s local teams in states where direct sales are actively banned:

Tesla has been pursuing the direct-to-consumer model for two decades, and it has been an enormous challenge to pursue what we believe is the best model for customers.

I spent a portion of this past week visiting our Northeast region, and was reminded about how these laws are among our most prominent challenge for Sales and Delivery. Local teams make a heroic effort across the entire customer journey: from allowing customers to learn about our product at non-licensed locations while observing restrictions on sales activities, to managing a large flow of deliveries through a small number of licensed locations, to ensuring that we can properly perform vehicle registration paperwork for multiple states and customer circumstances at each licensed location.

Our customers have to make heroic efforts of their own, from traveling long distances to pick up their vehicle to patiently enduring any kinks in the process.

Sadly, this is common throughout much of the country, resulting in higher costs and a worse customer experience for the affected regions.

Advertisement

U.S. states with bans on direct sales models like at Tesla, Rivian

  • Alabama (includes service centers)
  • Arkansas
  • Connecticut (leasing is allowed; tribal land loophole)
  • Iowa
  • Kansas (includes storefronts)
  • Kentucky
  • Louisiana (Tesla allowed through special license, “service center” model)
  • Nebraska
  • New Mexico (includes service centers; tribal land loophole)
  • Oklahoma
  • South Carolina (includes service centers)
  • Texas (Tesla sells through online loophole, “service center” model)
  • West Virginia (includes storefronts)
  • Wisconsin

U.S. states with store limits on direct sales models like at Tesla, Rivian

  • Illinois (limited to 13)
  • Maryland (limited to 4)
  • Mississippi (limited to 1)
  • New Jersey (limited to 4)
  • New York (limited to 5)
  • North Carolina (limited to 6)
  • Ohio (limited to 3)
  • Pennsylvania (limited to 5)
  • Virginia (limited to 5)

What are your thoughts? Did I miss anything, or do you have a story or opinion to share regarding direct auto sales? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

DOJ echoes Tesla argument in Louisiana direct sales appeal

Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

Advertisement
Comments

Investor's Corner

Shareholder group urges Nasdaq probe into Elon Musk’s Tesla 2025 CEO Interim Award

The SOC Investment Group represents pension funds tied to more than two million union members, many of whom hold shares in TSLA.

Published

on

Credit: xAI/X

An investment group is urging Nasdaq to investigate Tesla (NASDAQ:TSLA) over its recent $29 billion equity award for CEO Elon Musk. 

The SOC Investment Group, which represents pension funds tied to more than two million union members—many of whom hold shares in TSLA—sent a letter to the exchange citing “serious concerns” that the package sidestepped shareholder approval and violated compensation rules.

Concerns over Tesla’s 2025 CEO Interim Award

In its August 19 letter to Nasdaq enforcement chief Erik Wittman, SOC alleged that Tesla’s board improperly granted Musk a “2025 CEO Interim Award” under the company’s 2019 Equity Incentive Plan. That plan, the group noted, explicitly excluded Musk when it was approved by shareholders. SOC argued that the new equity grant effectively expanded the plan to cover Musk, a material change that should have required a shareholder vote under Nasdaq rules.

The $29 billion package was designed to replace Musk’s overturned $56 billion award from 2018, which the Delaware Chancery Court struck down, prompting Tesla to file an appeal to the Delaware Supreme Court. The interim award contains restrictions: Musk must remain in a leadership role until August 2027, and vested shares cannot be sold until 2030, as per a Yahoo Finance report.

Even so, critics such as SOC have argued that the plan does not have of performance targets, calling it a “fog-the-mirror” award. This means that “If you’re around and have enough breath left in you to fog the mirror, you get them,” stated Brian Dunn, the director of the Institute for Comprehension Studies at Cornell University.

Advertisement

SOC’s Tesla concerns beyond Elon Musk

SOC’s concerns extend beyond the mechanics of Musk’s pay. The group has long questioned the independence of Tesla’s board, opposing the reelection of directors such as Kimbal Musk and James Murdoch. It has also urged regulators to review Tesla’s governance practices, including past proposals to shrink the board. 

SOC has also joined initiatives calling for Tesla to adopt comprehensive labor rights policies, including noninterference with worker organizing and compliance with global labor standards. The investment group has also been involved in webinars and resolutions highlighting the risks related to Tesla’s approach to unions, as well as labor issues across several countries.

Tesla has not yet publicly responded to SOC’s latest letter, nor to requests for comment.

The SOC’s letter can be viewed below.

Nasdaq+Letter Tsla Socig Final by Simon Alvarez

Advertisement
Continue Reading

News

Tesla Model Y L has two distinct features for luxurious comfort

This is not to say the other interior additions are not factors in the Model Y becoming a more luxurious and premium vehicle, but the two mentioned in this article are particularly pertinent in that conversation.

Published

on

Credit: Tesla

Tesla’s new Model Y L has two distinct features that are geared toward giving occupants a taste of luxury with guaranteed comfort.

These two features should definitely be part of the company’s future lineup, and they could prove to be massive upgrades to the Model Y’s interior, which is certainly premium but is missing some things that truly tailor to a “luxury” feel of an automobile.

This is not to say the other interior additions are not factors in the Model Y becoming a more luxurious and premium vehicle, but the two mentioned in this article are particularly pertinent in that conversation.

Tesla Model Y L might not come to the U.S., and it’s a missed opportunity

Power-Adjustable Thigh Supports

In the front seats of the Model Y L, there are power-adjustable thigh supports that will enable some additional comfort on the legs:

Most might think that these thigh supports are simply a feature that makes the ride more comfortable, which is true. However, they have benefits for the ride and after you exit the car.

Providing proper lift on the legs and thighs can be beneficial for people with back problems or posture issues. The lower back takes an increased amount of stress during long car rides, especially as the legs are fixed in the chosen seating position.

Tesla Model Y L officially launched: price, features, and more

Adding some support to the thighs can help reduce pressure on the lower back and hips, and distribute weight more evenly, taking stress off pressure points.

It can also contribute to better spinal alignment. They also have safety benefits, as some riders could have an improved seatbelt position thanks to the thighs being in this position.

Second-Row Mechanical Armrest

Tesla also added mechanical, one-touch armrests to the Model Y L’s second row, a nice and premium touch for the riders in the middle of the vehicle:

Add the additional space the Model Y L provides to riders, and it already gets more comfortable. However, the addition of the mechanical armrests gives a good option of comfort for those who are seated in the second row.

They can also be retracted with the touch of a button, allowing for those in the third row to exit the vehicle easily.

One con to the mechanical portion of these armrests is that it is another moving part, and, of course, that puts it at risk of having issues.

However, it is certainly more premium than a manual armrest, and the flashy carbuyers will appreciate this small but mighty addition.

Continue Reading

News

Tesla’s NHTSA probe is already on its way to being resolved

The problem the NHTSA had with Tesla’s reporting is already on its way to being resolved, as the agency and the company have been in communication.

Published

on

tesla showroom
Credit: Tesla

Tesla is being probed by the National Highway Traffic Safety Administration (NHTSA) for not reporting accidents in a timely manner, the agency said on Thursday.

It is already well on its way to being resolved, the agency said.

The agency’s Office of Defects Investigation (ODI) identified numerous instances in which Tesla reported crashes that “occurred several months or more before the dates of the reports.”

The Standing General Order in place by the agency requires crash reports to be submitted within five days of Tesla receiving the notice of an accident.

The investigation states Tesla submitted crashes in one of two ways:

“Many of the reports were submitted as part of a single batch, while others were submitted on a rolling basis.”

The problem the NHTSA had with Tesla’s reporting is already on its way to being resolved, as the agency and the company have been in communication.

Tesla has already been in contact with the agency’s ODI and stated that the timing of the reports was an issue with its data collection. The issue has been resolved, Tesla told them.

The NHTSA said the initiation of the probe against Tesla is a “standard process for reviewing compliance with legal requirements, to evaluate the cause of potential delays in reporting, the scope of any such delays, and the mitigations that Tesla has developed to address them.”

It is the latest NHTSA probe into Tesla, as it has also been investigating the company for accidents during Full Self-Driving operation in reduced visibility conditions.

The agency also sought information on the rollout of Robotaxi a few months ago, and how Tesla planned to handle low-visibility conditions in its driverless ride-hailing service.

The NHTSA was interested in knowing how Tesla planned to assess the ability of FSD’s engineering controls, whether any other similar FSD crashes had occurred in low visibility, and if modifications to FSD software would impact its performance in these conditions.

Continue Reading

Trending