Motor Vehicles

News & Analysis as of

Transferring Title to a Motor Vehicle in Maryland at Death? Be Careful!

Many people try to avoid probate. Often, title to assets is held in joint names with right of survivorship so that the surviving joint tenant inherits property without the need for probate. But then there is that pesky...more

NHTSA Announces Record Setting Civil Penalty in Consent Order With Chrysler

In 2014, NHTSA collected a record setting amount of civil penalties. For 2015, NHTSA may be on pace to exceed last year’s record. On July 26, 2015, NHTSA announced a $105 million civil penalty against FCA US LLC, the former...more

Preventing Whistleblower Claims in the Automotive Industry

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

Guide To Doing Business In New Zealand: Personal Property Securities Register (Updated)

PERSONAL PROPERTY SECURITIES REGISTER - The Personal Property Securities Act 1999 (PPSA) came into force in New Zealand on 1 May 2002. At the heart of this legislation is the Personal Property Securities Register (PPSR)...more

South Carolina Passes Legislation to Create the Guaranteed Asset Protection Act, Effective Immediately

On June 1, Governor Nikki Haley (R-SC) signed into law Senate Bill 441, enacting the Guaranteed Asset Protection Act and instituting a framework under which guaranteed asset protection (GAP) waivers may be offered in South...more

NHTSA Seeks to Push Beyond the “New Normal” and into the “New Paradigm”

In recent years, the National Highway Traffic Safety Administration (NHTSA) has received increased public and Congressional scrutiny stemming from high-profile safety defects, such as the Toyota unintended-acceleration issues...more

Guide To Doing Business in Australia: Personal Property Securities Law (Updated)

PERSONAL PROPERTY SECURITIES LAW - Personal property securities law in Australia was recently overhauled with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA applies across all...more

Driver’s Licence Information and Test Drives: Guidance from the Alberta Office of the Information Privacy Commissioner

What personal information is reasonable for a motor vehicle dealer to collect from individuals participating in test drives? It has been acknowledged that dealers have a business need to collect personal information in...more

Can a Person Who Receives Disability Benefits Own a Car?

The short answer is yes. Although many disability benefit programs like Supplemental Security Income (SSI) and Medicaid impose resource limits on beneficiaries, a beneficiary's household is allowed to own one vehicle of any...more

Snell & Wilmer Defends Ford Explorer Sport Trac Roof and Safety Canopy® System in California Federal Court Trial

Snell & Wilmer attorneys Dan Rodman, Jay Schuttert and Jonathan Murphy recently represented Ford Motor Company in the trial of a 2002 Ford Explorer Sport Trac rollover lawsuit in the United States District Court for the...more

From Carjacking to Carhacking – Lessons for the Internet of Things

The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a...more

Auto Notes - December 2014

In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration...more

Pa. Banking Secretary Issues Letter on Amendments to Motor Vehicle Sales Finance Act

Significant changes to Pennsylvania law governing retail installment sales will take effect before the end of this year as a result of Act No. 2013-98 (Act 98). The Act 98 changes to the state’s Motor Vehicle Sales Finance...more

CFPB and Fed announce increases in Regs Z and M 2015 dollar thresholds

The CFPB and Fed have announced increases in the dollar thresholds in Regulation Z (Truth in Lending Act) and Regulation M (Consumer Leasing Act) for exempt consumer credit and lease transactions. The adjustments reflect the...more

What Constitutes "Use" of a Motor Vehicle?

Barry P. Goldberg sometimes has to analyze circumstances that may or may not be covered both to obtain insurance coverage for his clients and to effectively access insurance coverage from the adverse party. One area of...more

On the Road With Autonomous Vehicles and the Insurance Industry, Issue No. 2

State and Federal Regulations Pertaining to Autonomous Vehicles - While autonomous vehicles (AVs) are not yet a regular fixture on the nation’s roadways, policymakers, legislators and regulators have started to...more

New Indiana Statute Effective July 1st Allows Non-Residents To Pay Home State’s Lower Sales Tax Rate On Vehicle Purchases

Indiana has a 7% sales tax rate. Earlier this year, the Indiana General Assembly passed a new statute, Indiana Code 6-2.5-2-3, which allows non-residents to purchase vehicles from Indiana dealers and pay the (typically...more

Ninth Circuit Overturns Los Angeles' Prohibition on the Use of Vehicles as "Living Quarters"

Ninth Circuit Panel Rules Municipal Code Sections Unconstitutionally Vague - A three judge panel of the Ninth Circuit Court of Appeals held that a section of the Los Angeles Municipal Code prohibiting the use of a...more

InterConnect FLASH! No. 39 - Recent Court Decisions Reflect the Rule of Reason: Totality of the Circumstances Regains Traction

Two recent court decisions from two different jurisdictions, issued several weeks apart, reflect a more balanced and reasonable approach for determining worker classification issues based on the totality of the facts and...more

Update: Anti-Tire Aging Legislation in Massachusetts

Our February 18, 2014 blog, Massachusetts, Where Only Young Rubber Hits the Road, covered An Act to Increase Road Safety, proposed by the Massachusetts House of Representatives, which was assigned bill tracking number H3016....more

Roadmap to the Next Highway Bill

Policy Committees Driving Activity - While the current surface transportation authorization, Moving Ahead for Progress in the 21st Century (MAP-21), is due to expire on September 30th, the Department of Transportation...more

BB&K Police Bulletin: Medicinal Marijuana and Probable Cause

Possession of Any Amount of Medicinal Marijuana Enough to Search Automobile - Overview: A California Court of Appeal has ruled that a law enforcement officer’s observation of any amount of marijuana in a vehicle...more

GM Recall Debacle — Placing Americans in Danger

GM is in a fix. The National Highway Transportation Safety Administration has ordered them to respond to 107 questions concerning defects in GM cars and trucks. Although GM’s CEO promised transparency in the...more

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

Massachusetts, Where Only Young Rubber Hits the Road

Massachusetts is considering An Act to Increase Road Safety (H3016), which will require issuance of a rejection certificate for any vehicle equipped with a light-truck or passenger tire, including a full-service spare, more...more

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