Motor Vehicles

News & Analysis as of

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

The End Of Wining And Dining: Will The BAC Be Lowered To .05 Percent?

Nationwide, the blood alcohol level (BAL) or blood alcohol concentration (BAC) limit has been set at .08 percent. This means that if you have a BAC of .08 percent or higher, you are legally intoxicated and it is unlawful for...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

Crash Avoidance Systems May Be Required on New Vehicles: Marking the Dawn of a New Era for MVA Litigation

Vehicle manufacturers could be required to install crash avoidance systems on new cars and trucks according to the DOT, NHTSA and spearheaded by US Transportation Secretary, Anthony Foxx, for one. The technology coined...more

Pa. Amendments to Installment Sales Statutes Require Attention

Changes to two Pennsylvania statutes governing installment sales will take effect on November 27, 2014, as a result of House Bill 1128, signed into law by Governor Corbett as Act No. 2013-98 (Act 98). Act 98 repeals the...more

New Jersey Bill Regulates Vehicle Service Contracts, Ancillary Products

Last month, New Jersey Governor Chris Christie signed SB 854, which will regulate, among other things, motor vehicle service contracts and motor vehicle ancillary protection products. ...more

Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor...more

Honda Owners Continue to Endure Recalls Published

In 2012, Honda recalled the second-largest number of cars in the United States. This marked the fifth straight year that Honda ranked first or second in recalls. Unfortunately for Honda, and for many consumers, 2013 has...more

Permits to test driverless vehicles pass DMV regulatory speed bumps

On January 14, 2014, the California Department of Motor Vehicles (DMV) held a hearing on proposed regulations governing the testing of autonomous vehicles on public roads in California. ...more

China’s New 3Rs-Warranty Policy for Domestic-Use Automobiles: An Overview

The “Provisions on the Liability for the Repair, Replacement and Return of Domestic-Use Automobile Products” (the “Provisions”) issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)...more

What if You Were Partially at Fault for Your Accident?

Everyone makes mistakes, especially on the road. However, many injured motorists incorrectly believe that if their own negligence contributed to their injuries in any way, they are wholly unable to recover legal compensation....more

The Devil is in the Details

Recently here at McNees, we have been involved with dealer issues that have focused the light on the forms used in the vehicle sales process. There are numerous forms that need to be used to document the final sale of a...more

Feuding Over Rear-Camera Requirements for New Cars? Should They Be Required or Recommended?

Conflict is brewing over rear-view cameras on new vehicles. Although many safety advocates want rear view cameras required on all new vehicles, the federal government’s stance on the issue is to merely recommend that...more

Personal Injury Motor Vehicle Litigation: SABS and Tort

The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule – Effective September 1, 20101 (“SABS”) systems that apply to personal injury motor vehicle litigation. It...more

New Hampshire Law Treats Skid Steer Loaders Just Like Sedans

Recently passed legislation in New Hampshire pertaining to business practices between motor vehicle manufacturers, distributors and dealers is giving heavy equipment manufacturers a cause for concern and has resulted in the...more

Lithium-Ion Battery Prices Likely to Plummet, but Cost of Electric Cars May Be Slow to Follow

If the leading industry experts are correct, prices for hybrid and electric vehicles should start to drop, but not nearly as much as you might expect. According to the Wall Street Journal, the head of a major lithium-ion...more

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers...more

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