AG Opinion Request. Testing the Waters on Manufacturers & Dealerships.

Opinion Request, RQ-0170-KP, from texas Department of Motor Vehicles wants the Attorney General to answer this question:

  • Whether wholly owning a motor vehicle manufacturer results in affiliation with that manufacturer for purposes of section 2301.476(a)(2) of the Occupations Code.

 

What does DMV point out in its opinion request?

  • Forest River (FR) is a vehicle manufacturer
  • Berkshire Hathaway Automotive  (BHA) operates dealerships
  • Berkshire Hathaway (BH) owns Forest River
  • BHA is a manufacturer under Texas law because it owns FR
  • If BH relinquishes control over FR but maintains ownership, will BH no longer be a manufacturer?
  • There’s also 2 competing standards to determine manufacturer ownership- “affilaited with” and “under common control with”, which standard complies? and if it’s common control can it be relinquished?

Vehicle Tax Trend. Tax all the vehicles- all shapes, all motors.

Oregon became the first state to tax adult bikes of $200 or more. Each bike will be taxed $15.

Oregon does not levy a regular sales tax. The $15 tax is dedicted to Connect Oregon program, that funds projects serving multiple modes of transportation.

The rational for the tax: because bikes who use roads should contribute too.

City Lab | Oregon (Yes, Oregon) Just Put a Tax on Bicycles

TREND. Self Driving Car laws. Federal Regulator says states should chill & look to this federal law for drafting inspiration.

Chair of the Federal Trade Commission, Maureen K. Ohlhausen, said lawmakers should:

  • ease up on self driving car laws
  • and if we’re protecting consumer information when it comes to self driving and connected cars, lawmakers should look to HIPPA as a drafting example

Why the call for caution? because too many different self driving car laws and rules will:

  • create unnecessary or duplicative regulation
  • innovation could slow or stop
  • ultimately consumers could be worse off.

SC Media | FTC chair calls for ‘regulatory humility’ for connected vehicles

Record year of Truck Bridge Collisions. 3 Bits Informed Intel from Houston.

Why is Houston seeing more trucks hitting bridges this year?

  • good economy means more truck traffic
  • the Port of Houston traffic is up 11% since 2016

What transportation options are available?

  • TXDOT points to improving roads outside the Loop to keep trucks out of the city core
  • Researchers at Texas A&M are working on laser warning systems to keep overheigth trucks from hitting bridges.

How many truck – bridge hits have occurred in 2017?

  • 22
  • The record, 30, was set in 2016

Houston Public Radio | Houston Poised for Record Year of Truck Collisions with Bridges

3 Points. Municipal Ordinance in Oregon on Ride Share.

The City of Medford, Oregon is updating its city ordinances for ride share to require:

  • criminal background checks that will prohibit drivers that are:
    • registered sex offenders
    • have a felony conviction within the last 10 years
    • any felony conviction, at any time, for:
      • physical harm or attempted harm
  • each driver has to pay an annual fee of $500, 2X as great as taxi & limo drivers
  • each driver is required to have “substantial” commercial liability insurance as well as increased auto insurance

KOBI 5 NBC Medford, OR | Ordinance change required ahead of Uber service in Medford

TREND. Failed Bill Leads to Regulatory Negotiation for Direct Sales. Case Study.

North Carolina Legislature failed to pass a bill for the direct sales of automobiles, because of opposition not from dealers but from auto manufacturers.

Lemons were turned into organic, naturally sweetened organic lemonaide.

Tesla and North Carolina’s Department of Motor Vehicles are negotiating a compromise to allow for 6 direct sales locations.

Electrek | Tesla’s direct-sale bill is shelved in North Carolina

Road Building Trend. 3 Key Elements of Reduced Conflict Intersections.

Minnesota is deploying Reduced Conflict Intersections to increase traffic safety.

Reduced Conflict Intersections are employed on multi-lane highway intersections and offer increased safety by:

  • limiting turns to right from a smaller roadway onto a higher speed road
  • allowing for u-turn at an opening in the median
  • prohibiting left turns

The safety data for reduced conflict intersections shows:

  • 100% reduction of fatal and serious injury right-angle crashes
  • 77% fewer all severity right-angle crashes
  • 50% reduction of injury crashes

Minnesota Department of Transportation | Reduced Conflict Intersection Safety Study

Equipment World’s Better Roads | MnDOT: Intersections on multi-lane highways are saving lives

Legal Trend. Manufacturer Sales. Direct Sales Win in Western Red State. Key Economic Argument.

Tesla secured the right to sell vehicles in Arizona, and here’s how:

  • The Key Economic Argument from the administrative law judge found that the intent of the dealer law was to prevent an automaker from unfairly competing against franchises selling its brands
  • As Tesla has no dealerships, the law doe not to prohibit Tesla direct sales or any direct sales.
  • Auto dealers sued in Maricopa County Court which upheld the Administrative Law Judge’s ruling

Arizona Republic | Yes, you can buy a Tesla electric car at its Scottsdale store