July 19th, 2009 at 01:59pm
Under Traffic Law
A number of notable Texas traffic and driving laws meant to
improve safety on the roads and drivers
education cognisance go into effect on Sep 1.
Motor vehicle operators under the age of Operators will now have
a harder time getting traffic tickets elminated from their
automobile operators. SB 1005 provides that if a driver younger
than 25 years of age commits a traffic offense classified as a
moving violation, the judge must demand the driver to complete a
classroom based or online defensive
driving course. In addition, if the driver holds a
provisional driver license – in other words, is under 25 years
of age – they must submit to a Texas DPS road test in addition
to taking an offline or online defensive
driving course. Failure by the driver to meet this
requirement will result in a final conviction for that traffic
offense.
Proof of insurance will be enforced through the new Texas law SB
1670. This law requires the Department of Insurance, in
conjunction with Texas Dept. of Transportation and other
authorities, to establish a verification program for vehicle
insurance in order to try and trim down the amount of uninsured
drivers.
SB 1257 prohibits use of wireless communications hardware
(including cellular phones) for the first six months after
teenagers get their driver licenses. The bill also disallows
passenger bus motor vehicle operators carrying minors from using
wireless communications devices, except in emergencies or when
the bus is stopped. Use of wireless equipment has become
omnipresent and is under suspicion of causing accidents.
Many of the items covered by these laws are discussed in the
available Texas defensive driving courses offered up online and
in classroom settings. Prices may vary for operators safety
courses but the lower limit they can be by law in the state
of Texas is $25.
July 19th, 2009 at 01:59am
Under Traffic Law
A number of notable Texas traffic and driving laws meant to grow
safety on the roads and drivers
education cognisance go into effect on September 1.
Motor vehicle operators under the age of Automobile operators
will now have a harder time getting traffic violations elminated
from their 25. SB 1005 provides that if a driver younger than
automobile operators years of age commits a traffic offense
classified as a moving violation, the judge must necessitate the
driver to complete a classroom based or online defensive
driving course. In addition, if the driver holds a
provisional driver license – in other words, is under operators
years of age – they must submit to a Texas Department of Public
Safety road test in addition to taking an offline or online defensive
driving course. Failure by the driver to meet this
requirement will result in a final conviction for that traffic
offense.
Proof of insurance will be enforced through the new Texas law SB
1670. This law requires the Department of Insurance, in
conjunction with Texas Dept. of Transportation and other
authorities, to constitute a substantiation program for
automobile insurance in order to try and trim back the total of
uninsured motor vehicle operators.
SB 1257 prohibits use of wireless communications equipment
(including cellular telephones) for the first six months after
teenagers get their driver licenses. The bill also interdicts
passenger bus drivers transferring those under 18 from utilizing
wireless communications hardware, except in emergencies or when
the vehicle is stopped. Use of wireless equipment has become
omnipresent and is under suspicion of stimulating accidents.
Many of the items addressed by by these laws are discussed in
the available State of Texas defensive driving courses offered
online and in classroom settings. Prices could vary for drivers safety
courses but the lower limit they can be by law in the state
of Texas is $25.
July 16th, 2009 at 04:19pm
Under Entertainment Law
All states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. In addition, there is a Federal Lemon Law known as theMagnusson Moss Act which provides some protections to you. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your auto must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always provide that the consumer must give the manufacturer a reasonable number of attempts to repair the problem, and the number that is considered reasonable can vary from state to state.
The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair your substantial defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc… The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.
The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer that revokes your acceptance of the vehicle. What that means is that you are attempting to rescind the contract between you and the manufacturer for the sale of the vehicle, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. Be very careful with the Arbitration process. If your state does not require you to go through the process, you are often better off just filing a lawsuit. After Arbitration, if the award is not in your favor, or to your liking, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious and may begin to entertain realistic formal discussions regarding your vehicle’s problems.
This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That’s right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.
Greg Artim is a
Lemon Law Attorney based in Pittsburgh Pennsylvania. Please visit his website at
Lemon Law. If you live in a different state, Greg recommends visiting
Lemon Law Attorneys and Information.