State of Iowa Tells Tesla To Cancel Its Scheduled Test Drives
puddingebola writes: Conflict continues between state governments and Tesla. From the article: "Iowa joined a growing list of states tussling with Tesla Motors' business model when it told the company to cut short three days of test drives earlier this month in West Des Moines. The Iowa Department of Transportation said the test drives were illegal for two reasons: Tesla isn't licensed as an auto dealer in Iowa and state law prohibits carmakers from selling directly to the public." While the article touches on the legal restrictions on selling cars in Iowa, it seems that Tesla was only providing test drives.
Rent a Tesla for $1. This is a one-time offer. Limit one per customer. Problem solved.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
It will raise attention to absurdity of the situation, and folks looking to buy Teslas tend to be the upper middle class and above folks who are more likely to be influential, used to getting their way. Things will not turn out well for moronic states that try to maintain this ridiculous state sanctioned protection racket.
I hope they challenge the law and get it struck down somehow. It's such Bullshit.
The sooner Tesla breaks open this idiotic "members only" crap, the better.
I'm not saying dealers don't provide a valuable service. Or that they didn't provide protections to consumers at one time.
The fact is, one angry consumer, TODAY, has orders of magnitude more power to make an automaker acknowledge a grievance than we EVER had in the past.
One nasty little YouTube video can, potentially, reach millions of consumers.
Wheras 80 years ago, if Joe Blow in Podunk, Idaho got shafted, what was he gonna do? Drive to Detroit and crash the gates?
Chas - The one, the only.
THANK GOD!!!
It was just Tesla partnering with Uber in care pool sharing !
"Land of free"? BS! More like "Land of those who have enough money to pay lobbiers/lawyers".
If only Tesla could make a rechargeable battery out of ethanol (corn) and methane (pig shit). Then not only would Tesla suddenly become road legal in Iowa, but they would have the market cornered on raw materials for Tesla's batteries.
Tesla cars are allowed on the roads in Iowa. Iowa will even register a Tesla car and issue you license plates, etc. They've passed every safety test & regulation that any other car has.
You just can't *buy* a Tesla car in Iowa because of dealer-sponsored 'franchise' laws. It seems pretty weird that those laws cover giving out test drives--I'm sure Tesla's lawyers will look into that.
So Franchise W selling only Porsche/VW/Skoda, Franchise X selling only Ford, Franchise Y selling only Daewoo, Franchise Z selling only Hyundai, they're not subject to this shit either? Who are they franchised to, in exclusive sales contracts? SURELY NOT THE MANUFACTURERS!?
If THEY can operate in Iowa, who are the State to tell ME I can't approach Tesla and say "Five percent gross from each sale and I'll only sell your car"?
Doesn't make sense? Ohreali? Am I the only one that sees gasoline favouritism by the State here?
Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
They've had a round of free money from the US taxpayer and now they get this shit in return. They should up sticks and move to the UK or Germany. Probably another round of free money to be had, a larger market (EU population 505 million vice USA population 313 million according to Google), easier access to Africa which could be the next exploding global marketplace (what's left of it after Ebola has swept through anyway). Plus, it would be Sticking It To The Man :) They could wait a few years then graciously return to the US market when you beg.
So under the Constitution who is it that regulates interstate commerce again?
These laws came into place because they solved someone's problems years ago - probably consumer protection in some way.
Don't like it now, do you?
Well, today's "protections" will be doing the same thing in 50 years.
Car makers are prohibited from selling directly to the public because they could potentially undercut their own dealers. In Tesla's case, there are no dealers to undercut. That said, the solution would be to set up a small company owned showroom in Iowa that acts as the seller of record for all online and in-person sales within the state.
The article lists all the states that ban or limit Tesla's no-delaer business model and it includes Texas and Arizona, two of the four finalists for Tesla's new battery Gigafactory. Did those states think they had a chance when they support that crooked business cronyism?
Iowa IS right. Tesla could never provide this level of service and customer protection as demonstrated in this historic documentation featuring Stan, the uttermost trustworthy sales man. http://youtube.com/watch?v=-2ok14ao5FY
Why would anyone buy directly from the maker, if they could deal with someone like Stan????
I can see that Iowa can prohibit in-state sales not through dealers, but why would that forbid Tesla from providing test drives and then, if the customer wants to talk turkey, refer them to e.g. a Missouri store, or an Internet site based in another state? This is how Tesla handles NJ; you want a Tesla in NJ you can test drive one and then hop over to NY to buy it.
Is there some Iowa law against manufacturers allowing people to borrow cars for free?
The Iowa Department of Transportation said the test drives were illegal for two reasons: Tesla hasn't yet paid over our protection money and the car industry have paid up in full.
Tesla does not want to the pay the dealer fees just to sell cars, since the fees benefit their competitors.
And the men who hold high places must be the ones who start
To mold a new reality... closer to the heart
So much like the firearms business...
Your local FFL dealer can order a Savage rimfire rifle from one of several wholesalers. But lets say you want a configuration that the factory doesn't offer (say, heavy barrel, target iron sights, wood stock). You can call the factory, place your order, they will charge you full MSRP for it, and ship it to your receiving FFL dealer. He/she will do the paperwork and background check, charge you $10 to $100 dollars, and you have the rifle the way you ordered it from the factory. Or your dealer can call, bypass the wholesalers on a config they don't carry/offer, and Savage will sell to him/her at the price the wholesalers charge.
Some online sellers/wholesalers of ammo, etc. also do storefront business in some states. They don't allow online orders from those states tho - cusomters must go thru the brick-n-morter place.
Don't blame me, I voted for Kodos
While I support Tesla's efforts against these ridiculous laws, and would personally like to see them challenged and struck down, could they not just lease the cars through a subsidiary that would hold the title (turning the new car into a used car), then transfer the title after the lease period is up? Or are leases treated in the same way as sales, and prevented under state law as well?
Please stand clear of the doors, por favor mantenganse alejado de las puertas
Sure. Sure it is.
...AND THE HOME OF THE....BRAAAAAAAAAAAAAAAAAAVE!
That's prohibited under Iowa law.
I think you know what lakeland meant. Commerce between Tesla, a corporation not headquartered in Iowa, and residents of Iowa is "commerce [...] among the several states", the regulation of which is explicitly within the enumerated powers of the Congress.
If the intent is to prevent corporate-owned dealers from unfairly competing with franchised dealers of the same company's vehicles, then the laws ought to allow an automaker to have corporate-owned dealers or franchised dealers but not both. According to a recent Slashdot article, some states are enlightened enough to have such an either-or law.
To drum up support for amending Iowa Code 322.3.14, would it work for Tesla to open dealerships along highways right across the state line from Iowa and advertise in the closest Iowa community to each such dealer?
and sail off to China.
I think the "safety issues" are related to recalls, where the dealer acts as a buffer between the manufacturer and individual car owners. Conventional wisdom is that even if the manufacturer assumes an anti-consumer stance in a particular recall, the franchised dealer can bargain on behalf of car owners collectively.
who gives them the right to take all these bribes to write laws for businesses? fuck-em. next time some smug asshole proposes a law telling people they can't do something that affects absolutely nobody fucking else just brain the fuck with a screwdriver and save the rest of us the trouble.
So is that Capitalism going on in Iowa? Why does somebody getting unemployment piss Iowans off....but car dealerships being protected form new competition does not piss Iowans off. Maybe Fox News tells Iowans when to be pissed off and when not to be pissed off.
I want to be alone with the sandwich
They know this is an issue they'll win in the long run. There is no justification for the states doing what they are doing, they've just been paid off by the auto dealers. Tesla has won every fight about this I'm aware of. So they want it, they want to get this straightened out in the courts.
If you try to do something to skirt the law, you risk it biting you in the ass later. If you get a court ruling saying "You are allowed to do this, the state has to F off," then you are good to go.
Also, you might notice it gets them press. Nothing like looking like the poor trod on underdog to get more people sympathetic to your cause an interested in your product. They go about everything above board, get stepped on, fight back, win, and then get their way, plus good PR.
Have to take the long view on these things.
Car dealerships have outlasted their usefulness- they're a 20th century solution for selling 20th century cars. If a Tesla can self-drive itself to my house, or if an Amazon quadcopter can drop it off here, car dealerships have no reason to be involved except for an old law that allows them to stifle competition and that will now be cemented into place.
Drive to the next state over and get yours then :)
Iowa Code 322.3.14. A manufacturer or importer shall not directly or indirectly be licensed as, own an interest in, operate, or control a motor vehicle dealer.
... because it's illegal.
Nothing else matters at all. If it's against the law, then it is what it is.
It little behooves the best of us to comment on the rest of us.
Advertising revenues from local news is the largest source of income for most local television network affiliates and local car dealerships are the foundation of their revenues. (TV stations get little or nothing for carrying national programming, just the right to borrow the audience for a couple of hours.)
Local television economics is a political protection racket with car dealers as the collection point for funds, precisely as kings and shahs and sultans handed out exclusive franchises for cloths and dyes and wines and every manner of goods.
Car dealers fund a local-news system that ensures that Congressional representatives and state governments are rarely reported on.
Threaten laws protecting car dealers, and get you a lot of enemies who don't want to show their faces.
Gov Jerry Brown signs 6 bills in favor of EVs
http://www.greencarreports.com...
Pain is merely failure leaving the body
These states and the dealerships/dealerships lobbyists need to get their noses out of where they don't belong. I'm sure if Tesla put their dealerships on the borders, anyone who wanted to buy one would cross state lines for it.
Why wouldn't someone from Iowa just buy the Tesla from a neighboring state and import it... Iowa loses out on the sales tax because they are being stubborn.
You are right, the first state outside of New England to legalize gay marriage, which has also voted for a republican for president exactly once in the last three decades, is clearly on the right wing of politics in the USA.
What kind of lame-ass, kindergarten bullshit is this? Tesla "isn't licensed as an auto dealer" and car makers are prohibited by law from selling to the public? Who the hell came up with these rules? [Detroit] What public good is served by them? [GM]
GIVE US ELECTRIC CARS ALREADY!
More good news for Elon. Telling folks what they can't buy, and making it hard for them to get, just makes it all the more exotic and tempting.
No one enjoys the pressure and pain of car showroom shopping. It's just not consumer friendly.
Yet consumers don't have the right or ability to indicate their distaste.
Besides the electric card appeals to the renegades, the rebels at heart who would be more likely to buy those cars anyway.
So the more corporate backed legislatives try to ban them the more sales they are going to get.
If they really wanted to hurt Tesla they'd just ignore them and not give them air time.
IOWA = Idiots Out Walking Around
Excpet now it'll be literal, since they won't be driving Teslas...
It would go something like this:
Did something change and I missed it? The very few "one price" dealers I've ever come across have either set that one price high, or (actually in almost all cases) it was actually just a myth in that the one price is the base price and then they try to ream you on the options and make it almost impossible to say no to the extra service or warranty plan, gap insurance, etc (sometimes "accidentally" putting it in contract there and not even mentioning it unless you explicitly notice and ask to have it removed), or there's actually wiggle room in the "one price" if you're shrewd enough. None seemed all that much better than the "how much do you have in your bank account" pricing except in the worst cases and with the most naive customers who actually would do better with the "one price" than without it due to not getting ripped off _quite_ as badly.
The more big government actively suppresses the free market like this, the more people vote against big government.
Jerry Brown's declared suppression of Uber and Lyft will also reap the same rewards.
Tick tick tick....
"so good it's illegal !"
Did those states think they had a chance when they support that crooked business cronyism?
alternately, were those states only considered to begin with to rub their noses in the potential loss of business?
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Tesla could partner with independent "high end" body shops and provide a single Tesla to share between them. Provide a Tesla as an award to those body shops that result in multiple sales. Make refurbished Teslas awards to that one shop that exceeded all others in sales.
Because no company has EVER been allowed to sell they're products directly to a customer... Coughstarbucks,inandout,almostallutilitycompanies,chipotlecough
Seems incredible that Iowa or any State could be so scared to try to hold back the tide.
This smacks of pressure being brought to bear by the big manufacturers with a market to protect.
Elon Musk knows if he took it Court he would probably win again, but why bother when public demand
for cheaper running costs makes Ford, GM and the rest provide vehicles at least as efficient.
No problem, I'll just fly to a state that is Tesla friendly and test drive it there. Heck, maybe even move there, why would I want to be in a state that's so restrictive?
Thanks Cuomo.
Arizona is turning into the liberal mecca of the southwest. Too bad.
Thanks Mexico.
There's a price unto which there is no lower without violating anti-dumping statutes and the like.
As it stands now, there's largely only one price that's there and it's ultimately not very negotiable- and you've got the middleman taking his cut of the pie there. It doesn't make for "competition" like they're bullshitting there. It just runs up the price.
If Tesla cars ran on Pure Ethonol, Iowa politicions would be creaming thier corn to get the laws changed and let people test drive a Tesla.
There was an incident a few years ago where the Iowa DOT refused to title a city fire truck because the company that assembled the truck (Toyne Inc in Breda, IA) was not a "licensed franchised dealer'' of the company that built the chassis (HME). http://www.messengernews.net/p...
The idea that there are state laws identifying how a car manufacturer cannot sell directly to the public is frankly horseshit. If I make a product, like a car, and it conforms to federal guidelines, then why is the state blocking me from selling it within that state? Protectionist laws that make it so that a company like Tesla cannot operate in a state like Iowa that has these laws to protect the middle-man, aka dealers/dealerships is wrong. This is not how a market should operate. Let the market decide on which model it wants to purchase from. Frankly, I think all automakers should be able to sell directly to the public and if Tesla fights this, and they should, and win, then I think it will set an excellent precedent to allow automakers to shove dealerships aside and do direct business with customers. They can set up there own sales centers and direct repair support.
The problem boils down to this: Tesla's business model violates laws in several states. Said laws are the result of lobbying on the part of car dealerships. The current political system has its lapses in morality, however this does not give Tesla legal grounds to operate in said states. The laws them selves are constiutional and sound, Tesla is unwilling to play the game, if they want to continue to operate they need to challenge the system which made the laws not the laws them selves.
Where I live (South Africa) the car manufacturers were accused of price fixing and fined. Didn't bring down the price of cars though. One guy found it was cheaper to fly to Australia, buy his car there and have it shipped back to South Africa. The car is made here, in Port Elizabeth.
There are three kinds of falsehood: the first is a 'fib,' the second is a downright lie, and the third is statistics.
Iowan law presently prohibits manufactures from obtaining a dealer's license.
Two of my imaginary friends reproduced once
They just need to follow the laws and they could sell here in Iowa. Any car company has to have a location (dealer) that has the ability to repair their vehicles and deal with local complaints. You can't sue a california company for breaking Iowa laws in california. When Tesla sells an Iowan a piece of shit, Iowa courts can't remedy the situation. They law is fine. Tesla is wrong.
I want to know why the hell they haven't opened a dealer here. How hard is it? seriously It seems like they have the idea that they can sneak around consumer protection laws because 2???? 3 Profit. underpants gnomes or whatever
Iowans are not forbidden from going to California and test driving away. Any future problems are their responsibility to be dealt with in California.
Which would also fail under Iowa law.