Motor Vehicles

News & Analysis as of

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

LITIGATION ALERT: The Motor Carrier Act/MCS-90 Endorsement Duty to Defend When No Coverage Exists?

Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility through insurance or other forms for bodily injury or...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

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

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

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

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