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What is the new EU standard for worn tires? Read on to find out details about the new law that came into force on July 1, 2024

Can a company be liable for misleading and deceptive conduct (contrary to s 18 Australian Consumer Law), for information contained on a label which is mandated by law? The High Court recently considered this issue in Mitsubishi Motors Australia v Begovic [2023] HCA 43. In this case, Mr Begovic discovered that his Mitsubishi Triton vehicle had higher fuel consumption than that indicated on a label at the time of purchase. The label had been applied in compliance with provisions in the Motor Vehicle Standards Act 1989 (Cth). In the courts below, he succeeded in his case against Mitsubishi, and the dealer, for misleading and deceptive conduct. However, Mitsubishi succeeded in this appeal to the High Court. The Court found that the application of the label, and its contents, were mandated by law (being fuel-consumption amounts declared in accordance with the United Nations Economic Commission for Europe Regulation No 101, which the Motor Vehicle Standards Act 1989 (Cth) required to be on the label). The Court held that the appeal required the application of the interpretive principle that: "in the event of apparent inconsistency of statutory requirements relating to the same subject matter ... and enacted by the same legislature, the general provision may need to be subordinated to the specific provision in order to alleviate the apparent conflict". Here, the general provision prohibiting misleading and deceptive conduct (s 18 ACL), had to yield to the specific requirement to apply a fuel consumption label in accordance with the Motor Vehicle Standards Act 1989 (Cth) - even if that label had a tendency to mislead or deceive. I have written a longer summary of Mitsubishi v Begovic, which is published in this week's Queensland Law Reporter (PDF extract attached to this post): https://lnkd.in/gpVgGCS2 The judgment of the High Court is available here: https://lnkd.in/gQiBvnNg #law #auslaw

IHI Corp’s data falsification scandal is a serious ethical breach, reminiscent of Volkswagen’s emissions deceit. The exposure of two decades’ worth of manipulated engine data for ships by a whistleblower is alarming and could have significant environmental repercussions. Japan’s transport ministry’s intervention to halt IHI’s engine sales and the historical context of similar industry malpractices suggest a need for stricter oversight. This incident is a call for the shipping industry to prioritize integrity and sustainability to ensure long-term viability and environmental responsibility. The falsified engines may violate the International Maritime Organization’s nitrogen oxide emissions regulations, leading to possible urgent and expensive retrofits for a significant portion of the global merchant fleet.

What strikes me about Transport Minister Simeon Brown’s approach to weakening Aotearoa New Zealand's tailpipe CO2 emissions standards is that it contradicts the government's broader focus on economic development and long-term resilience. Government policy must intervene in climate-related issues—there is no way around this. Inaction does not eliminate the need for intervention but merely delays it, ultimately increasing its scale and cost. By investing in mitigation now, such as supporting EVs to reduce emissions, the government can significantly reduce the future burden of costly adaptation measures. Every dollar invested in mitigation today prevents significantly higher expenditures on adaptation in the future. The minister's decision represents a missed opportunity not only for critical mitigation but also for economic growth and fiscal sustainability. For a government focused on building the economy, supporting EVs aligns with creating a resilient economy and fostering sustainable growth. In contrast, adaptation policies are reactive and generally entail higher costs to manage the impacts of climate change. Prioritising mitigation ensures that future interventions will be less disruptive, more predictable, and economically prudent. The minister's decision to weaken tailpipe CO2 emissions standards seems therefore to directly contradict the government's stated commitment to economic growth.

Last week, Arizona sued FCA (car maker) and Cummins (engine manufacturer) for allegedly installing emissions defeat devices in certain vehicles. This marks the third such action against the #automobileindustry, all with a twist: Arizona retained outside counsel. Curious how this changes the game? Message me to discuss! #AutomobileIndustry #StateAG20

Fraud and corruption damages are far beyond the financial losses. The "Dieselgate" scandal, which erupted in September 2015, significantly affected the reputation of "Made in Germany." Unfortunately, it seems that the relevant regulatory German agencies do not respond in an effective and deterrent manner. I hope the German government and legislatures comply with, at the minimum, the United Nations Convention Against Corruption. #dieselgate #germany #mercedes #corruption #emissionscandal

From the CEO: The Year of the Dragon brings more challenge and change for the heavy vehicle industry Welcome to 2024. It’s the Year of The Dragon, and a time that the Chinese Horoscope says will bring authority, prosperity, and good fortune. We’re keen on this type of outcome after what has been a tricky year for many. Diesel prices trended down but remained high, thanks to events overseas over which Australia had no control. In the face of big inflation numbers making life challenging for most operators, the financial viability of operators remains our biggest issue. Regulatory reform slowed to a crawl in 2023 before governments gave themselves yet another extension in the never-ending overhaul of the Heavy Vehicle National Law. NatRoad opposed this delay, which pushes the introduction of new laws into parliament until 2025 at the earliest, seven long years from when the review commenced. One thing that did move during the last 12 months was industrial relations law. The most significant for our industry was the introduction of a mechanism for the Fair Work Commission (FWC) to set minimum standards for drivers. Read more: https://lnkd.in/gZydqrqM #unavin #compliance #law #NHVR #HVNL #NatRoad

🚘 Deontologist Theory & The Volkswagen’s Emission Scandal The Deontologist Theory essentially argues how an action right or wrong is governed by the rules, regardless of its outcome. I reflected on how the theory applies in a study case that was presented in class - the 2015 Volkswagen emissions scandal. The German automobile company had deliberately cheated on emission tests by installing an illegal software in the vehicles, making it a violation of the Clean Air Act. This resulted in a drop in stock price and resignation of their CEO at that time. Volkswagen’s actions were unethical based on the theory as they had violated the moral responsibility to remain honest and transparent as well as the legal obligation to comply with environmental regulations. This is because the company had prioritised economic gains in the short term and wanted to acquire market dominance. The deceitful act has benefited the company in the short run however the backlash and criticism they received as a result of their unethical actions were more severe due to the harm caused to society and the environment. In an era where huge corporations are expected to operate responsibly, this case has emphasised the importance of conducting transparent operations and holding these companies accountable for their misdeeds. This case has made it evident to me that businesses must comply with ethical principles and legal regulations to maintain public trust and legitimacy in the industry. Businesses should remain committed to their ethical duties to achieve long term success instead of ignoring their values for short term gains. @Priya Sharma, Ph.D, CLP #DeontologistTheory #BusinessEthics

Check out this article we have jointly written within the Transport and Mobility team at logos, together with my colleagues Ignacio Guibert Suárez, Maria Muñoz Gimeno and Michele Grigoletto, analysing four automotive laws that the EU institutions will be working on during the next legislative term. 🚗 https://lnkd.in/dvxt7JxQ

Through our pro bono matching service, we've supported the Better Futures NZ Trust to bring legal proceedings against the Minister for Transport over his unlawful decision to weaken the Clean Car Standard. In July, after secret talks with selected stakeholders and no public consultation, the Government announced it would weaken the Clean Car Standard targets in future years. The Clean Car Standard is important as it requires newly imported vehicles to meet a target for average emissions per kilometre. Importers that fail to meet the target can pay a penalty to the Government or buy surplus credits from importers that import more low- and zero-emissions vehicles. The targets reduce each year, helping to drive the uptake of cleaner vehicles. Under the Land Transport Act, in setting targets under the Clean Car Standard, the Minister of Transport is required to be satisfied that the targets: “are set at an appropriate level to increase the supply of zero- and low-emission vehicles in the market” and “consistent with transport-specific policies and strategies set out in the emissions reduction plan”. The Government’s own modelling shows that this move will result in 39,000 fewer electric vehicles and 19,000 fewer plug-in hybrids being registered in New Zealand by 2035. The official advice found this will result in 1,215-1,860kt higher emissions by 2050, and higher overall costs to the economy through greater fuel and maintenance bills. The standards are also blatantly inconsistent with the first emissions reduction plan, which had not been amended when the Minister made his decision (and still has not been amended). In this judicial review claim, the Better New Zealand Trust is asking the court to quash the Minister's Clean Car Standard regulations, and replace them with targets that have been developed following meaningful consultation and comply with the requirements of the Land Transport Act. https://lnkd.in/gHw5X3iX