I will try cruise control at 60 mph to see the difference. Although, I am likely to get ran over on the California freeways at 60 mph. As an aside, I would never have bought the car if I am limited to 60 mph in order to get useable range.
My wife was the one who was originally really pissed about the car. Now I am extremely pissed based upon the Nissan's handling of the situation.
The Nissan representative for the claim I filed explained Nissan's position is the warranty is only for 9 'bars' or more on the 'capacity indicator'. I went through the warranty book and didn't find anything about the number of bars on the capacity indicator as the trigger to repair or not to repair. There is a lot of reference to "gradual capacity loss". I have no idea what my actual 'capacity loss' really is other than representations by Nissan. What I do know is my loss of range hasn't been gradual. Rather, the loss of range is rapid and shocking. When I first had the car I could easily go to work and back home again with plenty of range left. Impossible now.
According to the Nissan representative there is no warranty for range. So, Nissan won't do anything until the battery bar capacity is below 9 bars.
I told the representative I don't drive on 'capacity bars'. I drive real miles, and right now I can barely get 40 miles. If the car can't get 60% of 100 miles after less than 2 1/2 years, then Nissan should have disclosed this and never have advertised 100 miles range. I certainly wouldn't have bought the car knowing the 100 mile range was pie in the sky, and even if achieved won't last for more than a year or two.
Nissan can claim there is no express warranty for range, and they may be correct. Although, all their estimated ranges set forth in the 2011 Leaf Customer Information and Disclosure Form seems like an argument exists the representations therein are an express warranty. However, there certainly is an implied warranty of merchantability that Nissan cannot get consumers to waive per California Civil Code Section 1792.3 and 1793.
Based upon Nissan's advertisements of a 100 mile range and normal consumer expectations, I should be able to get more than 40 miles range (and more than a supposed 45 to 51 that I should be getting according to tech, Kimo) through normal driving conditions in the area where I live. The number of bars on the battery indicator is totally irrelevant to how a consumer uses the car. What matters is real world driving range.
Furthermore, the digital read outs from the dashboard of how many 'capacity bars' are displayed, or the range indicator don't accurately reflect real world range, so it is concerning Nissan's criteria for warranty work is based upon the 'capacity bars'. The range indicator doesn't come close to reflecting real world range. Plus, I am concerned that Nissan could easily manipulate the read out. When I first brought the car to dealer with my range complaints the dealer said they made a software upgrade, and the range now indicates 80 miles. Sure enough when I got in the car it indicated 80 miles. But, I couldn't get close to 80 in the real world, and didn't notice any improvement any real world driving.