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Who's To Blame For Rules That Block Tesla Sales In Most US States?

cartechboy writes The common assumption among Tesla fans seems to be that state auto-dealer lobbyists are working with Republican legislators to enact laws banning direct sales of Tesla's electric cars to retail buyers. Is it true? The New York Times published an article with some data points that assesses the supposition. While the article mainly focuses on the conflict between Uber and the Republican party, some quotes could be easily applied to Tesla. For instance, Republican National Committee chairman Reince Preibus said, "It should be consumers, not government bureaucrats or legislators, that deicde what companies get our business." The author of the article, Josh Barro, wrote that 22 states permit direct sales of automobiles by Tesla to retail buyers, and of those the majority--14 of them-- voted for President Obama. He suggested that Democratic California, Illinois, and New York "have freer markets in auto retailing than Texas," which is presently Republican. When looking at a five-year-old article by Nate Silver that looked at political donations by car dealers, fully 88 percent of those donations went to Republican candidates, and just 12 percent to Democrats. That possibly suggests a propensity among Republican state legislators to support the interests for car dealers over those of electric-car buyers. Is the small bit of evidence enough to make a case? Good background on the current system of dealership sinecure can be found in this short 2009 Competition Advocacy Paper from the U.S. Department of Justice, which delves into the history and effects of the dealers-only system which still prevails.

39 of 141 comments (clear)

  1. The same people that prevent a leisure society by Anonymous Coward · · Score: 5, Insightful

    The kind of power-hungry sociopaths who restrict our technology to create artificial scarcity?

  2. Blame by rossdee · · Score: 2

    The Auto industry obviously

  3. Labor by Anonymous Coward · · Score: 3, Interesting

    How about the Liberal Democrat leaning unions back in the 1960's-1970's?

    The reason these laws exist is dealers were getting shut down, jobs lost, and company owned dealerships were opening up, bringing down wages and sales commissions to what they think was fair. Labor unions came in hard, lobbied for laws to "protect" their workers, got these laws passed. Now years later, the words are twisted and it's those "Evil Republicans" fault somehow.

    Truth of the matter it's not a political deal, blaming Republicans or Democrats makes no sense as the laws banning car manufactorers from owning their own dealerships benefits everyone but those buying cars. Workers are happy because Big-Boy Car Manufacturers can't come in and say a;; Toyota or Chevy dealer techs get minimum wage and be happy with it. (If you aren't aware techs and such cant just shoot over to a dfferent brand dealer down the road too easy. Yes, simple things like oil change, alignments, etc you can do on any car, but there are tons of little quarts and certifications and training per each brand before they let you touch the advanced stuff). The dealership owners and sales people are happy as the car maker can no longer force them to sell the car for X amount, so they can bump up the sticker prices, and get whatever percent commission they want.

    1. Re:Labor by Copid · · Score: 4, Funny

      Yes, the story of the heavily unionized car sales businesses turning the screws on the plucky non-union auto manufacturers certainly rings true to me.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  4. We have the best form of Democracy in the world... by bogaboga · · Score: 4, Insightful

    When looking at a five-year-old article by Nate Silver that looked at political donations by car dealers, fully 88 percent of those donations went to Republican candidates, and just 12 percent to Democrats. That possibly suggests a propensity among Republican state legislators to support the interests for car dealers over those of electric-car buyers. Is the small bit of evidence enough to make a case?

    But we have the best democracy you can fine anywhere. It doesn't matter if our legislators are being bribed indirectly, or get embroiled in obvious conflict of interest matters.

    Welcome to the USA!

    Ohh wait, let's preach to the world about free markets.

  5. cui bono? by bill_mcgonigle · · Score: 3, Interesting

    Who benefits from banning [X]? With near certainty those are the people who bought off whoever is in power (the partisan nonsense in TFS is a smokescreen to keep you distracted). It doesn't matter if it's the UAW or the Auto Dealer's Association that is behind the corruption - you should be disgusted that politicians deign to tell you what kinds of cars you may purchase. "Yes, massa."

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  6. Turf by sycodon · · Score: 3, Interesting

    People with Turf will try to protect it.

    They will spread the money around, contribute, etc. as needed to protect it. Since at this point in time the majority of the States are run by Republicans, then they are the ones that are being lobbied by the Dealership lobbyist the most. Make no mistake, the Democrats are also being lobbied in states they run.

    This all amounts to a big "Nanny Nanny Boo Boo" to the Republicans by the New York Times, which fighting to remain relevant.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:Turf by TWX · · Score: 5, Informative

      In the past the arguments that mandated the franchise structure had at least a little bit of logic in that by there being a local presence, the service that the vehicle needed could be performed by representatives with corporate connections. Back then, cars needed a LOT of service; rockers needed their lash adjusted, points needed changing and distributors needed to be curved, and lot of parts wore out faster. The majority of those maintenance tasks were internal combustion engine related though, with only a few, like brakes, applying to today's modern 100% electric cars. When cars needed that kind of maintenance it was easy to argue that without dealer support, the end consumer would be screwed-over with an unmaintainable vehicle.

      As gas-powered cars improved they need less dealer-support for basic service, that already weakens the dealer-franchise argument. The new 100% electric cars require even less service to begin with though, and with the onboard computers' ability to report-back to Tesla when readings get out of normal the car can self-report small problems before they become large ones, assuming that Tesla has done a good job of determining what to monitor. Teslas simply don't need as much maintenance, and most of the simple maintenance (brakes, tires, even HVAC) can probably be performed by existing independent shops that can bill Tesla to do the warranty work.

      This is a paradigm shift, and dealers are going to start to feel the pain if they're unwilling to actually add value, and honestly, there's not a lot of value to add when they're mostly unnecessary in this shift.

      --
      Do not look into laser with remaining eye.
    2. Re:Turf by spikestabber · · Score: 2

      And all of that means jack shit if Tesla provides independent repair shops with the information required on how to service the car, to become authorized warranty repair shops for Tesla products... Nobody needs the stealership model anymore, if Tesla doesn't want it thats entirely their choice.

    3. Re:Turf by sabri · · Score: 4, Insightful

      Of course I have only been involved in the automotive industry for 45 years, so maybe you are correct

      That's the core of your problem: you're to stuck in your legacy views of the automobile market to spot the trends and changes.

      --
      I'm not a complete idiot... Some parts are missing.
    4. Re:Turf by TWX · · Score: 5, Insightful

      Yeah, bad form, replying to AC that can't even figure out how to quote right...

      Advanced service on cars is harder than it used to be, I will not dispute that. On the other hand, I don't have to have my ignition system or valvetrain or carburetor adjusted every few thousand miles anymore. I have to change the oil and filter regularly, lube the suspension, check the fluid levels for coolant, transmission fluid, brake fluid, power steering fluid, and top-off the windshield washer fluid and possibly change the wiper blades, change the engine air filter, and do a brake job from time to time, and after many years, change the brake fluid, change the transmission fluid and filter, change the differential gear oil, possibly change the power steering fluid, possibly replace the spark plug wires, possibly re-gap or replace the spark plugs, and possibly replace a passenger compartment air filter.

      If more service than that is required in the first 80,000 miles then the manufacturer screwed up. There should be no need pull the valve covers, or to take the top-end off of the engine, or to pull the transmission out, or to do any of a bunch of other jobs to a car unless it's been subjected to something abnormal.

      Electrics eliminate a lot of that. There's still chassis/suspension maintenance, cabin/passenger compartment stuff, and there could even be new tasks like re-lubricating electric motor bearings to prevent premature wear, but by and large, electrics have a lot less of those kinds of maintenance tasks to perform, and likely a lot of them could be self-service with proper documentation.

      --
      Do not look into laser with remaining eye.
    5. Re:Turf by Moof123 · · Score: 5, Interesting

      Very good points. Two things stick out from the anecdotes of early adopters:

      1) Tesla owners who must get service without the benefit of any dealer network have the highest owner satisfaction in survey after survey.

      2) Nissan Leaf owners have a wide range of tales about inept and laughable service and support from Leaf certified dealerships. Better yet, not all dealers are "Leaf Certified". So you can buy a Nissan, but cannot just go to any dealership for basic service, which is supposed to be one of the main arguments in favor of the dealership model. Heck, dealerships can lose/drop their certification leaving buyers in the area high and dry (especially in backwater areas with little to no charging infrastructure to make to the next closest dealer). Early tales from people buying compliance cars (Fiat 500e, Chevy Spark EV, etc) are much, much worse.

    6. Re:Turf by TWX · · Score: 4, Insightful

      If a car has no drain plug for a fluid service that has to be performed several times a year, or can't handle a simple battery replacement without squawking, then the manufacturer is doing something wrong. Either their engineering is terrible or they're assholes.

      --
      Do not look into laser with remaining eye.
  7. Re:Rethuglican hypocrites by CQDX · · Score: 5, Informative

    The creation of the FCC came under FDR's watch in 1934. Actually FDR formed a commission to study communication regulation. The study recommended that a Federal agency regulate all communications. FDR pushed for the creation of such a body and 2 DEMOCRATIC Senators introduced a bill to form the FCC. The bill passed both Houses and FDR signed it into law.

  8. Re:We have the best form of Democracy in the world by Anonymous Coward · · Score: 2, Insightful

    Ohh wait, let's preach to the world about free markets.

    And Democracy. And human rights. And liberty.

    The fact of the matter is, America is consistently full of shit and hypocritical about such things.

    The chastise other countries for not doing it, and the completely fail to do it themselves.

    America is a nation of blowhards, who like to tell everyone they have all the answers, and then are mired in so much crap as to be laughable.

    The sad thing, is most Americans are so fucking deluded by their own story they actually believe this crap.

  9. This looks like pre-paid corruption. by TrentTheThief · · Score: 2

    Time to start putting those politicians into a landfill. When a politician decides to bend over in return for campaign money, they need to be placed into a landfill. Even if there's no special election to replace them, their constituency would be better off having a vacant seat than a legislator who has already sold them out.

    Hold them accountable.

    1. Re:This looks like pre-paid corruption. by SydShamino · · Score: 4, Insightful

      Career politicians are largely to blame as they will vote which ever way they think will keep them in office. Since campaigning is expensive, the deep pockets essentially run the nation.

      As opposed to end-of-term term-limited politicians who will vote which ever way will get them a good job once they leave office? Or as opposed to new term-limited politicians who won't know what the hell they're doing and will vote however their career staff and lobbyists tell them to?

      I respect a politician more who wants to die in office, because that means he's never looking for another job. He is having to run for office, and yes, campaigning is expensive and corrupt. Let's fix that instead of ruining the system with term limits.

      --
      It doesn't hurt to be nice.
  10. And this attack ad is brought to you.... by Anonymous Coward · · Score: 2, Insightful

    Now that the Republicans have won a few elections, we get use to seeing these daily attack ads being posted on web forums like Slashdot and such. Remember, Democrats are never responsible for anything....like the last 6 years. As a Conservative, I fully expect the Republican establishment to screw over their voter base and vote in line with the Democrats and over every single issue. I expect the Republicans will get kicked out in a short while and we'll watch the Democrats go back to screwing us over and we'll watch the process repeat every decade. Welcome to our so called Democracy.

    1. Re:And this attack ad is brought to you.... by CQDX · · Score: 2

      They establishment Republicans have already rolled over with the passing of Cromnibus. I expect that if the push Jeb Bush to the front there will be record apathy among conservatives in the 2016 election.

  11. Re:Tesla comment aside by houstonbofh · · Score: 4, Insightful

    Ergo Politicians suck, because they're ALL built on lies. See ANY MEDIA for details.

    Fixed that for you. Seeing evil on only one side works for both sides.

  12. Re:Tesla comment aside by CQDX · · Score: 2

    It's no so much that Republicans lie. Rather it's more like there are two factions within the party. There's the conservative, state's rights, tea party wing that is in the minority. Then there's the crony capitalist, elite, professional politician wing that only pays lip service to conservative principles just to get the votes to maintain power. These guys spend more time fighting their conservatives that challenge their power than their Democratic rivals. The latter rule the party and pretty much will legislate to maintain power.

  13. Selfish states by Dan+East · · Score: 2

    It depends on how "selfish" the state is. State lawmakers are always looking to increase revenue and income into their state. Since automobile dealers are local, and they get a cut of auto sales, it is beneficial, generically, for states to only allow dealerships to sell cars and get their local, in-state cut of the revenue. So it takes lawmakers that can see beyond that immediate income and have vision enough to embrace the future even if it has some cost to their state.

    Then of course you have states like Texas, that produce oil and gasoline, who don't like Tesla and their new-fangled 'lectric cars, who of course want to make it hard on Tesla because that is a threat to revenue for their state.

    --
    Better known as 318230.
  14. Does it even matter? by Dega704 · · Score: 4, Insightful

    Republicans, Democrats..... A sellout is a sellout regardless of what political mantra they spew while they rent themselves out to the highest bidder.

  15. These laws are not anti-Tesla, most predate Tesla by mpercy · · Score: 4, Insightful

    by 50 years or more, and reflect the situations surrounding the time in which they were passed. One can hardly expect an existing dealership system to use legal means, especially those existing laws, to protect their interests. This ought to be obvious even if one disagrees with the premise of the laws. And by the way, these laws were passed in all states over decades of time, usually in response to some bad action by the manufacturers (such as forcing dealerships to accept cars they did order, so manufactures could offload dead inventory, or not reimbursing dealerships for warranty repairs).

    You cannot simply point at today's lackey Republicans as the source for these laws, nor claim them to be "anti-Tesla" anymore than 50-year-old telecom laws are "anti-Google".

    A far better resource than the source in the original posting is

    http://faculty.som.yale.edu/Fi...

    This is an analysis predating Tesla's trouble by a bit, focusing on the government-sanctioned decimation of dealerships through the TARP process, circa 2010, and includes a nice history of franchise protection laws.

    For example:

    The regulation of auto franchises arose as a response to car manufacturer he regulation of auto franchises arose as a response to car manufacturer
    opportunism early in the twentieth century. According to Surowiecki (2006), in 1920, Henry Ford took advantage of its established dealer network by forcing
    dealers to buy inventories of new cars that they were unlikely to sell. The reason that the company could “force” dealers to take the cars was that they had all made important investments in their facilities and reputation. Thus they had sunk costs that could be expropriated. Ford and General Motors used the same strategy again during the Great Depression. These episodes demonstrated to policymakers that the franchisor, with its greater information and financial resources, might exploit investments made by the franchisees. Federal regulation followed these periods.

    The starting point for auto franchise regulation is the 1956 federal act generally known as the Automobile Dealer’s Day in Court Act (ADDICA), which
    provides that a car dealer may recover damages if its manufacturer fails to act in good faith in complying with the terms of the franchise agreement, including on
    issues of allocation of vehicles to dealers, or matters of termination, cancellation, or transfer of the franchise. However, by the time the ADDICA was enacted, 20 states had already passed auto franchise laws. Today, every state has a law governing car manufacturer/dealer auto franchise laws. Today, every state has a law governing car manufacturer/dealer relationships.

    All states require that car dealers be licensed. Even 30 years ago, 44 states had such a requirement. This regulation prevents the manufacturer from retailing cars through other means. In particular, this regulation has been a major impediment to the development of Internet distribution of new cars.

  16. Really? The FCC is a "rethuglican" creation? by mpercy · · Score: 5, Informative

    The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the Federal Radio Commission.

    The Communications Act of 1934 is a United States federal law, signed into law by President Franklin D. Roosevelt on June 19, 1934. I believe FDR was a Democrat. The law was passed by the 73rd Congress. Both chambers had a Democratic majority. Dems in the Senate enjoyed a 60-35 majority, while over in the House thing were even rosier with Dems holding about 312 seats to Republicans 115 or so (counts varied slightly over time).

    1. Re:Really? The FCC is a "rethuglican" creation? by TubeSteak · · Score: 2

      The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the Federal Radio Commission.

      The FCC exists because 100+ years ago, assclowns with radios were making false distress calls, cursing at people on the airwaves, and faking naval messages.

      You could call it the Greater Radio Fuckwad Theory.
      /And yes, 100+ years ago, foul language was a legitimate moral issue that the government felt compelled to regulate and punish on the shared airwaves.

      --
      [Fuck Beta]
      o0t!
    2. Re:Really? The FCC is a "rethuglican" creation? by Wraithlyn · · Score: 2

      Christ. I just had a disturbing premonition... in 2114 it'll be "The Federal Internet Commission exists because of fuckwads 100+ years ago".

      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
  17. Glad we're in agreement... by mpercy · · Score: 2

    Virginia Governor Terry McAuliffe delivered on his promise to billionaire Michael Bloomberg this week. The Democrat proposed the restoration of the state’s limitation on handgun sales to one a month, plus mandatory background checks on buyers — enforced by a police presence.

    Of course, Michael Bloomberg, corporate mogul and billionaire, funded Mr. McAuliffe to the tune of millions. Nothing liek a bought-and-paid-for politician to do your bidding.

  18. Re:Rethuglican hypocrites by Anonymous Coward · · Score: 2, Insightful

    Pointing out that Democratic senators of the 1930s had something to do with this bill doesn't mean much - the composition and political thrust of the parties changed dramatically with the Republican southern strategy of the 60s. Before that you really couldn't think of them as the parties which we so love today.

  19. Republicans are NOT conservative by gurps_npc · · Score: 3, Interesting
    They have not been for over a decade. Nor are they libertarian, despite Ron Paul.

    The Republican Party has become a simple Rural Party. They protect rural interests, because they found a way to gerrymander rural districts into a majority of congressional districts, despite the majority of the population living in urban areas.

    Car dealers are more rural than car manufacturers - as rural areas need more dealers per person than urban dealers, while car manufacturers in a single urban environment can supply the entire country.

    As such, the GOP will support the car dealers at the expense of the car manufacturers.

    --
    excitingthingstodo.blogspot.com
  20. Re:Tesla comment aside by thaylin · · Score: 2

    But This is happening in the "conservative, state's rights, tea party wing" areas, such as Texas more than the other area. In fact the "minority" group there is much much worse at subverting the constitution.

    --
    When you cant win, ad hominem.
  21. Political inertia by argStyopa · · Score: 3, Informative

    First, let's remember that lawmaking politicians of influence of either party are typically what, 60+ years old? 70+? These guys still have their staff print their emails for them and are surprised when a someone says 'let's watch a movie' and it doesn't involve (at best) a VCR. Not super-quick at adapting to change.

    Second, until pretty recently the "target demographic" of electric car buyers was some sprout-eating weirdo from the Bay Area, ie, someone who wouldn't piss on a Republican if they were on fire, ie not someone that ever, in a million years, would VOTE Republican. OTOH, Car Dealerships are relatively typical small businessmen, whose concerns about running a business tend to coincide with GOP viewpoints and platforms. Whether they vote Dem/Rep is irrelevant, it's that they [i]could[/i] vote Republican, so which group would a Republican politician reasonably spend their time serving?

    --
    -Styopa
    1. Re:Political inertia by mlts · · Score: 2

      The ironic thing about this is that as posted above, electric cars are going mainstream. For a household that already has a normal car for trips, an electric car like the i-MyEV from Mitsubishi makes sense, especially if the commute is short. It is perfect for congested areas because when stopped, the engine requires zero energy to keep going, it requires very little upkeep, can easily keep up with traffic, and don't require going out of one's way to fuel up. Of course, the downside is that for a long trip, one needs to go fetch the ordinary gasser/diesel vehicle, but for most things, the EV does the job.

      This was the same with solar. It used to be a "hippie" thing to have solar panels. Now both the granolas and the Tea Party people both have the PV frames and chargers on the roof.

      The demand for electric cars is only going to grow. People in the US are not the smartest, but even with gas prices at a low, they know this won't stay this way for long, and it only takes one issue in the Middle East before gas goes back up to $4-$5 a gallon and stays there.

  22. Re:We have the best form of Democracy in the world by Archangel+Michael · · Score: 2

    There are two kinds of Repbulicans, NeoCons and Libertarians. Neocons are Simply Democrat Lite banded. These are the people who support Amnesty along with the Democrats, Support Government intervention into markets (too big to fail), and so on. The others are the Libertarian, limited government types that are a much smaller crowd, but tend to be louder and better at getting more attention.

    The war in the Republican party is over who has more influence at a given time. Right now, you're seeing a large number of Libertarian types coming into the new congress, which is why Boehner (a neocon) quickly passed a budget that gave the (D) just about everything they wanted. A huge number of republicans are pissed off, and seriously thinking about building a credible 3rd party, something you'll never see democrats do.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  23. Ah, those pesky RethugliKKKans by mi · · Score: 2

    wrote that 22 states permit direct sales of automobiles by Tesla to retail buyers, and of those the majority--14 of them-- voted for President Obama

    There is a much fresher data-point for the political leanings of those states — we had elections a month ago. That this non-biased and bi-partisan article — the kind we've come to expect from the Newspaper of Record — chose to use the two year old data instead to illustrate its point, means, the point probably is not supported by the more recent poll...

    He suggested that Democratic California, Illinois, and New York "have freer markets in auto retailing than Texas," which is presently Republican.

    Is it "freer markets" for everyone, or just for the "green" technology — which got a major government loan (on very sweet terms) to survive and ought to be helped to avoid embarrassing the Democratic administration? Would those Democratic bastions of free markets be as supporting of freedom, if it were about sale of, say, high-capacity toilets?

    If you really care for free markets, you'll vote Libertarian — with anybody else you still need a bloody permit to do (or sell) almost anything. Splitting hairs about who is more likely to permit this vs. that is stupid — you have your right to pursue happiness. Selling cars the way you want certainly ought to be covered by that.

    Is the small bit of evidence enough to make a case?

    No, it is not. To show, which party supports freer markets, one would need to study the market-freedom across different goods and services. Cherry-picking one item, that is so dear to one party's heart, in an industry, that is heavily-regulated by all states (as well as Federal government) is meaningless and reveals nothing but bare partisanship.

    --
    In Soviet Washington the swamp drains you.
  24. Re:We have the best form of Democracy in the world by thedonger · · Score: 2

    Actually it kinda does. The ability to constantly abuse the system means there is a massive flaw in said system.

    The flaw is how we use it. Freedom and liberty are hard to maintain, and we have allowed government to become something other than "we the people." It has become an entity unto itself, and as such it strives first and foremost to ensure its own survival. We have recast the role of statesman to celebrity, which guarantees ego rules the roost. Regulatory agencies within the executive branch are de facto law making bodies, and in the end we hinge our hopes on Supreme Court decisions, who amended their charter - at least in practice - to include filling in the legislative gaps left by Congress, who are too busy running their reelection campaigns.

    If our government is car, we're passengers who are allowing a bunch of drunks to drive it. We are getting what we deserve, so long as we choose to not take the wheel.

    --
    Help fight poverty: Punch a poor person.
  25. Re:We have the best form of Democracy in the world by SydShamino · · Score: 2

    You can just look at the garbage that is the Affordable Care Act to see that negotiation and compromise is alive and well - all within the Democratic party. If they were united as a block (as Republicans were in 2000-2006 or so), we would have gotten a much better single-payer system out of the law. If Republicans were to just disappear, the various groups that make up the Democrats would likely fracture into a few parties - all admittedly to the center and left of today's America - and start to negotiate more on those differences.

    --
    It doesn't hurt to be nice.
  26. government closed dealerships in bailout by Amigan · · Score: 2
    2009 was a momentous/turbulent year for US automobile mfgs. When the Auto Czar decide to ram through the bankruptcy rules for GM, many dealerships were closed in the restructuring. Could others see the handwriting on the wall as a Dem administration was determining whether they could stay in business or not - even if they were profitable - and decided that Republicans were a better bet?

    To be totally transparent, I'm one of the many who lost their investment in GM corporate bonds as the current administration rewrote bankruptcy law to screw secured (like me) creditors.

    --
    "Software is the difference between hardware and reality"
  27. Law needs revision control features by YoungManKlaus · · Score: 2

    diff, blame, revert, you name it!