New Mexico Law Prohibits Tesla Stores and Service Centers

[physicsfita]

Good Luck!

I doubt the oil lobby cares much, but the auto dealerships care a lot.

I'm from Michigan, which probably has the toughest anti-Tesla legislation out there. It looks to me like Tesla is getting ready to mount a Federal challenge based on the Interstate Commerce Clause. Our Secretary of State has been stonewalling Tesla's dealership application, and they are threatening to go to court to force her to (almost certainly) deny the application. Once denied, Tesla would have cause to file the Federal suit. Newspaper articles here have said that Tesla has developed a legal argument based on a precedent from a suit (of all things) over sales of coffins. It looked for a brief moment like the legislature would consider changing the law, but it looks like GM has arranged for the bill to die in committee. Unless something happens on that front, look for a Federal suit against Michigan in the next year or so. If Tesla wins, that should help the NM situation immensely.

 

[NOLA_Mike]

Tesla has developed a legal argument based on a precedent from a suit (of all things) over sales of coffins.

Yes - the coffins are made not far from where I live. Monks make coffins and sell them for their cost plus reasonable profit. The funeral home mafia did not care for that.

Monks win in Supreme Court

Ironically, Louisiana is another state in which Tesla cannot set up shop due to laws protecting the dealership mafia.

Mike

 

[WFPeifer]

Good Luck!

I doubt the oil lobby cares much, but the auto dealerships care a lot.

In this state they're largely one and the same.

 

[tinm]

I'm from Michigan, which probably has the toughest anti-Tesla legislation out there. It looks to me like Tesla is getting ready to mount a Federal challenge based on the Interstate Commerce Clause. Our Secretary of State has been stonewalling Tesla's dealership application, and they are threatening to go to court to force her to (almost certainly) deny the application. Once denied, Tesla would have cause to file the Federal suit. Newspaper articles here have said that Tesla has developed a legal argument based on a precedent from a suit (of all things) over sales of coffins. It looked for a brief moment like the legislature would consider changing the law, but it looks like GM has arranged for the bill to die in committee. Unless something happens on that front, look for a Federal suit against Michigan in the next year or so. If Tesla wins, that should help the NM situation immensely.

I'm skeptical of this (the bolded part). You mount a federal challenge, you have to use the federal courts. No matter what the outcome at the district court level, it'd be appealed, and no matter the outcome of the appeal, it'd be up to the Supreme Court, and who knows what the outcome there might be. So much depends on the upcoming presidential election.

And even if the court were to become super-pro-Tesla in the next few years, it'd take a few years for the litigation to make it all the way up to the Supreme Court level. And it's still a gamble. If Tesla were to lose, it could destroy the company.

So, no, I don't see Tesla using the courts. Put another way, things aren't dire enough. I think they're better off fighting at the state level in the legislatures. I just wish they'd fight faster.

 

[SageBrush]

And even if the court were to become super-pro-Tesla in the next few years, it'd take a few years for the litigation to make it all the way up to the Supreme Court level. And it's still a gamble. If Tesla were to lose, it could destroy the company.

I could well be completely wrong in my assessment here but I have viewed a SC opinion as:

• Pro Interstate Commerce: Tesla wins hands down
• Pro state rights: Tesla is no better or worse than it is now, having to leverage one state against another

 

[John Stuckey]

How about opening up some places on Indian Reservations? Oklahoma folks have an SC at Catossa in the heart oil country. The Indians can recognize a good bet when they see one

 

[Barry]

How about opening up some places on Indian Reservations? Oklahoma folks have an SC at Catossa in the heart oil country. The Indians can recognize a good bet when they see one

I can see it now - Gold Feather Casino and Tesla Store...

 

[Saghost]

How about opening up some places on Indian Reservations? Oklahoma folks have an SC at Catossa in the heart oil country. The Indians can recognize a good bet when they see one

It's been suggested a number of times over the years by several of us. I'm not sure why Tesla hadn't pursued it - maybe they think it'll poison the courts against them by looking like they are trying to use technicalities to avoid the law? Maybe there are restrictions on reservations we don't know about that make it impractical?

 

[kelly]

How about opening up some places on Indian Reservations? Oklahoma folks have an SC at Catossa in the heart oil country. The Indians can recognize a good bet when they see one

The supercharger at Pendleton Oregon looks to be on the reservation at the Wildhorse Resort and Casino.

 

[skyhix]

Yes - the coffins are made not far from where I live. Monks make coffins and sell them for their cost plus reasonable profit. The funeral home mafia did not care for that.

Monks win in Supreme Court

Ironically, Louisiana is another state in which Tesla cannot set up shop due to laws protecting the dealership mafia.

Mike

Is this the reason why new Orleans do not have a service center yet? I was hoping it was just a "still coming soon" thing and not an issue with the laws.

 

[jpoet]

The New Mexico Automotive Dealers Association has pumped over $500K into the campaign contributions of many NM legislators. They're bought.

It is only legal to bribe politicians. Bribing anyone else is a crime.

So, how do New Mexicans buy Teslas? Order one and have it delivered to New Mexico? Or, is that also illegal in this state.

If I went to Nevada and bought one there, then drove it back to New Mexico, could I then register it here?

 

[SageBrush]

So, how do New Mexicans buy Teslas? Order one and have it delivered to New Mexico? Or, is that also illegal in this state.

Taking Delivery

Or just bring it in from out of state. Not a big deal.

 

[tinm]

It is only legal to bribe politicians. Bribing anyone else is a crime.

So, how do New Mexicans buy Teslas? Order one and have it delivered to New Mexico? Or, is that also illegal in this state.

If I went to Nevada and bought one there, then drove it back to New Mexico, could I then register it here?

Yes you can order online and it will be delivered to your address in New Mexico. Or you can buy out of state and drive it home, then register with MVD. Of course, there are no service centers anywhere in NM so you'll be relying on out-of-state service centers (nearest one, ~400 mi away in Denver) or rangers who can take days or weeks to be available for an appointment. It's a pain. But worth it.

 

[jpoet]

Thank you SageBrush and tinm. About once per year I got to Oakland for business. Next time I should see about test driving one these

 

[Tom Kilroy]

Yes you can order online and it will be delivered to your address in New Mexico. Or you can buy out of state and drive it home, then register with MVD. Of course, there are no service centers anywhere in NM so you'll be relying on out-of-state service centers (nearest one, ~400 mi away in Denver) or rangers who can take days or weeks to be available for an appointment. It's a pain. But worth it.

I use the Tempe AZ service center from Albuquerque. Great service albeit very hot.

 

[jpoet]

I noticed on the DMV site, that New Mexico has a great incentive for EV owners: In Bernalillo, EV owners don't have to get their emissions checked.

 

[Tom Kilroy]

I noticed on the DMV site, that New Mexico has a great incentive for EV owners: In Bernalillo, EV owners don't have to get their emissions checked.

Hybrid vehicles have the same "benefit"

 

[hjelmn]

Senator Ortiz y Piño had introduced a Tesla bill:

Legislation - New Mexico Legislature

A similar bill needs to be introduced in the house and Tesla owners and supporters need to show their support in committee!

 

[SageBrush]

Senator Ortiz y Piño had introduced a Tesla bill:

Legislation - New Mexico Legislature

A similar bill needs to be introduced in the house and Tesla owners and supporters need to show their support in committee!

Which is when ?

 

[reddy]

This would be great. If Tesla then built a Service Center in ABQ, it would be the closest one available to those of us in the Amarillo area.

The net result would be business coming to New Mexico from out of state.