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Good question. I think they have to do the EPA 5-cycle test with the software-limited 60 and put the results on the sticker before being able to sell it.

I don't see why they can't just copy the 60kWh numbers. Now that the cars are mechanically (electrically) the same. Having to retest would be like testing two Focuses, one with the lux Sync package and the other without. Even though they have the same engine and drive train.
 
I don't see why they can't just copy the 60kWh numbers. Now that the cars are mechanically (electrically) the same. Having to retest would be like testing two Focuses, one with the lux Sync package and the other without. Even though they have the same engine and drive train.

Maybe, but, they may get into choppy waters if customers complain that the range doesn't match what the sticker says (despite knowing that to be a fact). Sort of like the fudged mpg number scandal that Hyundai/Kia got into hot water for, recently.
 
Maybe, but, they may get into choppy waters if customers complain that the range doesn't match what the sticker says (despite knowing that to be a fact). Sort of like the fudged mpg number scandal that Hyundai/Kia got into hot water for, recently.

I agree, so either they are bound by law to test the EPA for the 40's (don't know if this is the case), or they just bypass that, claim the 160 miles, and allow the 40's to "secretly" gain more KwH (42-44kwh) to ensure they get the 160 rated.

Thoughts?