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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Toyota recalling FJ Cruiser due to excessively bright headlights

Now, hold on. This recall isn't quite as serious as it sounds. Yes, Toyota is recalling 11,489 FJ Cruiser models from the 2007 to 2013 model years, and yes, it's because the vehicles, as the National Highway Traffic Safety Administration states, "fail to conform to Federal Motor Vehicle Safety Standard No. 108, 'Lamps, reflective devices, and associated equipment.'" But read the fine print and you'll see the catch: This recall is only for vehicles fitted with the automaker's auxiliary lighting kit that can be mounted to the front bumper.
Basically, the auxiliary lamp assemblies use 55-watt bulbs, and when these are turned on in conjunction with the upper beam headlamps, it's a pretty blinding sight. NHTSA states that excessively bright lights can blind other drivers, increasing the risk for a crash.
To remedy the situation, Toyota will replace the 55-watt bulbs with cooler 35-watt units. The recall is expected to begin later this month. Scroll down for the full details in the NHTSA report.

Autoblog Podcast #318

Toyota back on top, Barrett Jackson, Crowdsourcing your Dodge Dart payments, Nissan and Toyota double down on pickups
Episode #318 of the Autoblog Podcast is here, and this week, Dan Roth, Zach Bowman and Michael Harley talk about Toyota regaining the No. 1 sales crown, getting your friends and family to buy you a Dodge Dart, Barrett-Jackson, and Toyota and Nissan remaining committed to their pickup trucs. We wrap with your questions, and for those of you who hung with us live on our UStream channel, thanks for taking the time. Keep reading for our Q&A module for you to scroll through and follow along, too. Thanks for listening!
Autoblog Podcast #318: