Showing posts with label Driving Tips. Show all posts
Showing posts with label Driving Tips. Show all posts

Tuesday, 21 February 2017

Driving Safety Tips for School Bus Driver

Driving near a school or a school bus can be dangerous if motorists don't take proper precautions to ensure not just their own safety, but the safety of children in the vicinity. Here's a guide to help you understand the right protocol to follow as a motorist in a school zone, or near a school bus.

Driving Safety Tips for School Bus Driver
Picking up or dropping off children at school:

Every school has a system to pick up and drop off children. Make sure you educate yourself on the rules of the school and adhere to them
Don't double park because it reduces visibility for other drivers, and can endanger students
Park in the allotted areas (these have been designed keeping in mind the safety of students), and take permitted turns while navigating the school grounds. Avoid making U-turns and three-point turns.
While driving, watch out closely for children on bikes coming onto the roadway from between parked cars. Also keep a safe distance of at least 3ft between your vehicle and the motorcycle, and always check your side-view mirror before exiting your car
As a rule, ensure that your child is safely buckled in with the seat belt or in an age-appropriate child car seat before starting the car. Also, make sure your child enters or exits the car only via the 'safety door' which is the rear door on the kerb-side
Driving in a school zone:

Don't exceed the 25mph speed limit imposed while driving in school zones. Most often this speed limit is imposed in school zones between 8 a.m. and 9.30 a.m., and 2.30 p.m. to 4 p.m. Motorists must adhere to this speed limit even if there are no children in sight
Slow down when approaching a school crossing
Do not proceed past the school crossing until the crossing supervisor's hand-held sign is no longer displayed, or until he/she indicates that you can continue
If there is no crossing supervisor, but 'CHILDREN CROSSING' flags are displayed, the motorist must stop and wait until all the pedestrians have crossed the road
While driving through a school zone, avoid honking as it might scare children and cause them to stumble or fall in the way of oncoming traffic
Driving in the vicinity of a school bus:

Learn to understand the flashing light system on school buses.

If the overhead lights on the bus are flashing yellow, then prepare to stop. These lights indicate that the bus driver is planning to bring the vehicle to a halt to load or unload children.

If the overhead lights are flashing red, and the stop sign extended, it means that the bus has stopped and that children are getting on or off the bus. At this time all motorists, regardless of the direction in which they are moving, must come to a halt until the red lights stop flashing, the extended stop sign pulled back, and the bus resumes motion. In all 50 states of the U.S., it is mandatory for all vehicles on both sides of the road to come to a halt during this process. However, if a median divides the road, this may not be required.

If you are passing a school bus, make sure that there is plenty of visibility and space in the next lane. It is illegal in the U.S. to pass a bus on the right side, as this is where the loading and unloading of children occurs. Therefore, vehicles may pass the school bus on the left side on multiple lane roadways

Remember, though buses have large mirrors to assist the driver in his/her navigation, these vehicles also have huge blind spots. Stay cognizant of this, and pull back and slow down if you see a bus flash its blinkers, and allow it to move into the next lane.

Be especially vigilant near bus stops. Children may be playing at the bus stop to kill some time, or might be arriving late for their school bus and may inadvertently dart into oncoming traffic.

Bear in mind that buses stop frequently, so maintain at least 3ft distance between your car and the bus, to allow yourself enough time to come to a halt too

Do not park at or near a bus stop. In fact, maintain enough distance between your vehicle and the bus stop to allow children to enter and exit the bus with ease

Always remember that children can behave in an unpredictable, often rash, manner. In their haste or enthusiasm, they may not remember the safety concerns associated with walking on the road or picking up something they've dropped on the road. Therefore, it's important to look very carefully to make sure the way is clear before navigating traffic behind a school bus.
These tips will help you drive in a safe, responsible manner while driving in a school zone, or near a school bus. If you would like to share your thoughts or suggestions of your own, we'd love to hear from you. Leave us a comment below!

Layfield & Barrett is a highly rated Personal Injury Law firm in the United States, dedicated to helping negligently injured victims get justice and compensation. L&B's harassment lawyers have years of experience in recovering millions in compensation for numerous clients in a variety of cases including personal injury, auto accident, wrongful death, and police brutality. Get a free consultation today at Layfield & Barrett.

Tuesday, 8 September 2015

Car Registration Is in Two Names

Vehicles can be jointly owned and titled in two different names, or a car can be owned individually. The way a vehicle is owned and titled impacts the way it is transferred after an owner's death. Depending on the state and the way the owners' names are listed on the title, the surviving co-owner may automatically inherit the vehicle. However, the surviving co-owner typically must complete at least some paperwork to transfer the vehicle into his name.

Rights of Survivorship
Co-owners with rights of survivorship automatically inherit from each other. Generally, spouses have rights of survivorship, and unmarried co-owners may also be able to choose ownership with rights of survivorship when they first title a vehicle in their names. With rights of survivorship, each co-owner has undivided ownership of the whole vehicle rather than having rights to half of the vehicle. Thus, when one co-owner dies, the surviving co-owner becomes the full owner of the vehicle. Since titles and state laws can vary, the surviving co-owner must check his state's laws and vehicle title to determine whether he has rights of survivorship.

Probate
If co-owners do not have rights of survivorship, they typically own the vehicle as tenants in common. This type of tenancy means the surviving co-owner does not automatically own the entire vehicle when the other co-owner dies. Instead, the deceased owner's share of the vehicle becomes part of the deceased's estate. Depending on the size of the deceased's estate, it may have to go through a probate process. In probate, the deceased's assets are gathered, debts paid and remaining assets distributed to the deceased's beneficiaries.

Transfer Without Probate
Many states have a process to transfer a deceased's estate without having to go through a court probate process, though the alternate process is generally reserved for small estates. If the estate qualifies for an alternative process, the beneficiary may be able to transfer the vehicle into his name by completing some paperwork with the state's vehicle registration department even if the vehicle was owned without rights of survivorship. For example, if the deceased's will leaves the vehicle to the co-owner and the estate is not probated, the co-owner may be able to transfer the vehicle into his name by completing an application or sworn statement with the state's registration department.

Changing the Title
Regardless of the type of ownership or rights of the surviving co-owner, you must change the vehicle's title to reflect the new ownership after one co-owner dies. Each state has a different process for transferring vehicle titles when an owner dies. For example, Wisconsin allows vehicle transfers to a surviving spouse or domestic partner if the surviving spouse or partner completes two forms, provides a certificate of title and pays a transfer fee. In Pennsylvania, the required paperwork depends on whether the co-owners had rights of survivorship, whether probate was opened and whether the deceased co-owner left a will.

Friday, 7 August 2015

Driving With One Headlight

Keeping your vehicle maintained is one of the basic legal requirements for using public thoroughfares. Brakes, mufflers, turn signals and above all, headlights are supposed to be in working order at all times for maintaining public safety. If one of your headlights is out, an immediate repair or replacement is needed. Without it, you might receive a warning and possibly a citation from law enforcement.

Understanding a Moving Violation
State laws control penalties for moving violations, which by definition are violations that occur while the vehicle is in use and on the road. Speeding, running red lights, failing to yield at a stop sign and driving on the sidewalk are all common moving violations. Driving with faulty equipment, including a broken headlight, also qualifies as a violation under this heading.

Non-Moving Issues
Penalties for moving violations vary with the severity of the crime and the state. In Kansas, for example, the law instructs police officers to issue warnings to drivers who don't have fully functioning headlights between sunset and sunrise, or when atmospheric conditions are unfavorable, when windshield wipers are in continuous use, or when persons or vehicles are not clearly visible at 1,000 feet. State law and local ordinances may also detail non-moving violations based on the condition of your vehicle. For example, your dark window tint may be violating the law, or keeping that junker on blocks in your front yard may be illegal. A broken headlight on a parked car may draw just a warning or a full citation for an equipment violation.

Defending the Ticket
The police and courts may handle equipment violations, such as missing headlights, with a bit more leniency than full-blown speeding or other dangerous moving violations. In California, for example, you can handle a "fix-it" ticket by repairing the item in question, having a mechanic sign a certificate of correction and paying a dismissal fee by the deadline indicated on the ticket. For these correctable violations, the court may accept the certificate by mail, and then dismiss the case, which means that no violation will appear on your driver's record.

The Insurance Question
Moving violations can affect your insurance rates, even if you move to another state. The Driver License Compact and Nonresident Violator Compact are agreements used by a majority of the states to promote highway safety by sharing and transmitting information regarding dangerous, as well as minor, driving offenses. When you make an application for new insurance, the insurance company will check a motor vehicle report for any tickets -- and will adjust your premiums based on its own policy. Esurance, for example, will request information on any moving violations you had within the past three years. If the violation was cleared from your driving record, it generally won't affect your insurance rates.

Tow Company Holding Personal Belongings

Whether you have unlawfully parked your car in a tow-away zone or failed to make timely payments on your car loan, that sinking feeling you get when your car has been towed just gets worse when you realize you left your laptop in the trunk. In California, as in many states, you have certain rights when it comes to regaining possession of personal belongings left in your towed vehicle, even when the tow company acted legally in taking your car.

Required Notices
A California tow company must give you the opportunity to remove personal property from your car before your vehicle is taken, if possible. If not, state law requires the company to provide you with specific notices within 48 hours after removing your vehicle. The Notice of Seizure and the Inventory of Personal Effects can be handed to you personally or mailed. The inventory is a detailed list of all personal effects taken when your vehicle was towed. If the 48-hour period includes a Saturday, Sunday or holiday, the company has extra time to provide these notices, but it must do so no later than 96 hours after towing.

Personal Property
Tow companies must remove all of your personal effects from the vehicle, make a complete inventory, and label and store them for a minimum of 60 days. The Inventory of Personal Effects is an itemized list of all personal property taken with the vehicle and must include information about how to recover it. California law requires the inventory to state that all property listed will be held for 60 days from the date of the notice. After this time, the tow company or repossession agency can discard or otherwise dispose of it. If you redeem your personal effects within the 60-day time period and sign a statement that you have received all your property, the inventory requirement can be waived.

Affixed Items
Tow companies are not required to return property that is installed or affixed to the car, such as speakers, bicycle racks or aftermarket additions. If the item is mounted on the car but can be detached by a release mechanism, it is considered personal property to be returned to you. However, the company is not required to remove items unless it can do so without the use of tools. If the company is not sure whether an item attached to the car is personal property or part of the vehicle, it must list the item on the inventory. But the repossession agency is prohibited by state law from returning to you any deadly weapons, dangerous drugs, combustible items, food and other possible health hazards that were in your vehicle. California makes an exception for personalized license plates. If you have environmental or other special interest plates on your car, the company must list them on the inventory, remove them from the vehicle and return them with other personal effects within the 60-day period. If the plates are not claimed, the company can destroy them and notify the Department of Motor Vehicles or retain the plates indefinitely for you to retrieve.

Creditors' Liens
When you take out a car loan, the vehicle becomes security, so if you fall behind on your payments, the dreaded repo man can take away your car. If you do not reclaim your car, the creditor can satisfy the lien by selling it. California law is clear that no lien can attach to any personal property in or on the vehicle. If you or your agent appear at the premises where the car has been towed during normal business hours, and you demand return of your personal property, the company must return it to you. Normal business hours are defined in the statute as 8 a.m. to 5 p.m. Monday to Friday, except state holidays. But if you don’t do this before the car is sold at a lien sale, it is doubtful you will ever get your personal property back; the tow company is not responsible for property left in the car after it is legally sold.

Responsibility of Co-Signers in Auto Accidents

Co-signing on a car loan is not without risks. If the borrower stops paying, the co-signer is on the hook for that paying back the loan. However, this is usually where the additional responsibility ends. If the borrower gets into an auto accident, he's the one who's financially on the hook if it was his fault. On the other hand, if the co-signer is also a co-owner of the vehicle, he shares this liability.

Case for a Co-Signer
When a buyer is in the market for a car, his credit history is one of the first things checked when he goes to make that purchase. If he lacks sufficient credit history or has a bad credit history, he might face a higher interest rate for any loan he secures than is usual, or the lender may decline him a car loan altogether. In either case, the car buyer may ask a parent or friend with good credit to sign as a co-signer for the auto loan. By doing so, the co-signer acts in many ways like a guarantor. If the lender is unable to collect payments from the original signer in the future, it may go after the co-signer for any money due. The loan payment history is also reported on the co-signer's credit report, just like it is on the borrower's report.

Co-Signer versus Co-Owner
Agreeing to be a co-signer on a car loan doesn't make the co-signer an owner of the vehicle. The two are separate and distinct responsibilities. Co-signers are responsible for payment on a car loan if the borrower fails to meet his payment obligations. However, a co-owner is someone who has ownership interest in a vehicle, which is typically reflected on the vehicle's title. A co-owner, regardless of whether he drives the vehicle, is responsible for such things as insuring the vehicle.

Liability for Auto Accidents
If a co-signed vehicle is involved in an auto accident, the co-signer is generally not liable for any damages to the other vehicle or injuries suffered by its driver or passengers. Typically, these costs are the responsibility of the borrower and covered by his insurance, provided he is determined to be the at-fault party. However, if the co-signer is also a co-owner of the vehicle, he could face liability for the accident, even if he wasn't involved in the accident. For example, if the borrower caused an accident that totaled another person's $50,000 vehicle and his insurance only covered $25,000, the driver of the totaled vehicle could sue the co-owner for the remaining $25,000.

Additional Considerations
Although a co-signer may not also be the co-owner of a vehicle, if it is damaged or totaled in an accident, payments on the car loan must continue until the loan is paid off. If the borrower stops making payments because he no longer has transportation to work, the co-signer must take over the payments or risk damage to his credit rating.

Tennessee Laws of Center Lane

Highway engineers design center lanes for specific purposes -- and licensed drivers should know the rules to avoid traffic tickets and subsequent fines and points on their licenses. Center lane laws in Tennessee depend on whether the lane in question is a passing or turning lane. If you're ticketed in the "Volunteer State" for a center lane passing or improper turn infraction, it's a moving violation.

Passing Center Lanes
Under Tennessee law, when roads are divided into three lanes, the center lane is used for motor vehicles overtaking and passing another motor vehicle. Passing can only occur when the center lane is clear within a reasonable distance and there is good roadway visibility. This means that you should stay primarily in the right lane, and avoid simply cruising down the middle lane on a highway.

Center Turn Lanes
Some center lanes are designated only for turns. These are not part of entire three-lane roadways, but specifically designed for turning motor vehicles. When you are in such a lane, you cannot pass another vehicle. You must enter your vehicle into this turning lane from a reasonably wide, as well as safe, distance from your planned turning point. Motorists can also use the center lane to prepare to make a left turn if that particular center lane is allocated exclusively to vehicles moving in the same direction as the motorist, and the signs indicate this allocation.

Center Lane Markings
Tennessee center lanes designed for left turn use, whether into or from the road, are marked with pavement arrows designating the turning direction for traffic. You'll also see both broken and solid yellow lines delineating the lanes. These dedicated lanes don't allow travel for more than 300 feet. If you come across such a left turn lane, you may not make the turn from any other lane.

Improper Turn and Passing Penalties
In Tennessee, conviction for an improper turn costs you three points on your motor vehicle record, while improper passing costs you four points. If you're driving a commercial vehicle, an improper turn is a four-point moving violation. The price of your traffic ticket depends on municipal ordinances. For example, in Memphis, an improper turn will set you back $57.75 as of April 2014, while you'll have to pay $52.75 for a passing violation.

Traffic Violations to Appear in Court

Traffic violations may be a common occurrence, but some acts can place the public in serious danger. For minor traffic violations, you can simply pay the ticket and move on with your life, but this is not the case if you are hit with a DUI or other criminal charge. As the seriousness of the charge increases, so do the penalties and your rights if you go to court.

Infractions vs. Misdemeanors and Felonies
A traffic violation may be classified as either an infraction, misdemeanor or felony. Infractions are offenses that carry the potential for only small fines and no jail or prison time. Because you do not face the potential for jail time, you do not have the right to have an attorney appointed nor may you request a jury trial. By contrast, states typically refer to misdemeanors as crimes that are punishable by up to a year in jail, while felonies are more serious crimes that can lead to a year or more in prison. Here, you would have a legal right to have an attorney appointed, and you may request a jury trial.

Traffic Infractions
Minor traffic violations, such as speeding or running through a red light, generally fall under the category of infractions. As such, you are typically not required to attend a hearing if you plead guilty and pay the ticket. However, if you plead not guilty, you likely will be required to attend a hearing. Although you won't face incarceration, state law may impose other types of penalties, such as fines, community service, driving school or points on your driving record.

Traffic Crimes
By contrast, actions which place other drivers on the road at serious risk could lead to misdemeanor or felony charges. Examples include driving while intoxicated, street racing, reckless driving, evading police or a hit and run. After being charged with a misdemeanor traffic violation, a hearing is automatically scheduled, and you are required to appear even if you intend to plead guilty. In addition to the penalties that can be imposed for minor traffic violations, you may face larger fines, incarceration and license suspension.

Criminal Procedure
Although you may request a hearing to fight a traffic citation, the process is a bit different than if you are facing criminal charges. For a citation, you likely will have only one hearing before the judge to present your side of the case, after which the court will make a decision. By contrast, with criminal charges, you typically start off with an initial appearance or an arraignment, where you will enter your plea, such as "guilty" or "not guilty." If you plead not guilty, the court may require you to post bail, which is an amount of money you will get back when you return for trial. The court may then hold additional pretrial hearings, and during this time you may engage in "plea bargaining," which involves negotiating a deal with the prosecutor where you may admit to guilt in exchange for a lesser charge or penalty. If you cannot reach a deal with the prosecutor, the case heads to a trial, which is the final hearing where the judge or jury determines your guilt.

Illegality to Have Expired License

When a state issues a license, it gives permission for the license holder to engage in a legally controlled activity: driving, for example, or running a business. In general, licenses expire at the end of a certain period, and the state also has the authority to revoke or suspend them. The law may demand that a license-holder surrender a license on expiration, or simply ban the possession of more than one license at a time.

Driving Licenses
Driving with an expired license is illegal, and in some states this can subject you to misdemeanor charges. In California, for example, it's either a misdemeanor or a noncriminal infraction to drive without a valid license. The type of charge depends on your previous driving history, and whether or not you're in the process of obtaining a new license. Other states allow drivers a grace period to get a renewal. Vermont, for example, sends out renewal notices about a month before expiration and doesn't consider a license invalid until 14 days after the expiration date.

Guns and Unlimited Lincensing
Gun licenses are issued by the states according to both state and federal law. Many states allow gun-owners to hold unlimited, "lifetime" gun licenses that don't expire. Indiana, for example, offers qualified licenses which are good for four years, as well as unlimited licenses. The purpose of the latter must be for the protection of life and property; therefore, anyone using a licensed gun for recreational purposes won't be allowed a nonexpiring license. Without a valid license, possession or use of the weapon is against the law. In Tennessee, for example, a handgun-carry permit runs for four years; once it expires, it's illegal to carry a handgun until you've completed the renewal application and received the new permit.

Business Licenses
States and cities also issue licenses to people who wish to operate businesses. A business license strictly limits the activities that can take place on the premises; a barber's license, for example, can't be used by a massage therapist. Business licenses are good for a limited time; the city of Aurora, Colorado, for example, issues two-year licenses and bans the transfer of a license from one business owner to another, even in the same location. Carrying on business without a required license is illegal in some states. For example, in Washington state, a business owner operating without a valid license is subject to a cease-and-desist order and a maximum fine of $1,000 a day.

Inactive Licenses
Instead of expiring, some licenses may go "inactive." A state may render a license temporarily inactive and suspend the holder's rights. The Texas Real Estate Commission is strict on renewals for property brokers; anyone renewing their broker's license but not completing Mandatory Continuing Education courses within 60 days of renewal goes inactive, as do all the licenses of any other brokers whom the principal broker sponsors. The applicant must cease doing business, complete the MCE, pay a $250 penalty and submit an Application for Broker to Return to Active Status. Possessing an inactive or suspended license is not a crime; but the underlying controlled activity must cease.

Sign a Traffic Citation in Tennessee

When you commit a traffic violation in Tennessee, like running a stop sign, you may be issued a citation if your actions were witnessed by a police officer. The citation describes the violation and when you're scheduled to appear in court to answer the charge. By signing the citation, you agree to appear on the scheduled date and time. However, if you refuse to sign, the cop can immediately arrest you and take you into custody.

Traffic Citations
In Tennessee, traffic tickets may be issued for a variety of traffic ordinance violations, such as a traffic citation for speeding. Other examples include failure to yield, disregarding a traffic signal, reckless driving or following too closely. Traffic citations also can be issued for alcohol or drug-related activity in connection to a vehicle, such as driving under the influence. Penalties for violating a traffic ordinance are varied, but typically include fines and points added to the offender's driving record.

Citation Details
When a Tennessee police officer witnesses a person committing a traffic violation, such as speeding, he typically issues a traffic citation to the driver. The citation is issued in lieu of arrest and contains such information as the identity of the person being cited, notice of the charges against him, and date and place he is to appear to answer the charges against him. Upon completion of the citation, the officer requests the driver's signature. The signature serves as the driver's agreement to appear at the scheduled hearing identified in the citation.

Refusal to Sign
If a driver refuses to sign a citation issued to him, Tennessee law gives the issuing officer the authority to immediately arrest the driver and take him into custody. In an opinion released in 2006, Tennessee's Attorney General confirmed that officers have the authority to arrest persons who refuse to sign a citation for a city code or ordinance violation, including minor traffic offenses. According to the Attorney General's statement, such authority does not violate a person's right to be free from unreasonable search and seizure under the Fourth Amendment of the Constitution.

Consequences
Once the officer arrests the driver, he is then taken into custody and booked. Not only is the driver charged with the original offense, such as speeding, but also the additional charge of refusing to sign a citation. Afterward, the driver is permitted to pay bail or placed in jail until his scheduled court date.

Pulled Over for Having Overdue Inspection

There's nothing worse than that sinking feeling you get when you see a police car's flashing lights in your rearview mirror. If you don't have any idea what you did wrong to get pulled over, it's possible that you simply forgot to renew your car's inspection sticker. State law varies on the consequences you might face and how you can respond if you get a ticket.

Tickets and Grace Periods
If you get pulled over for an overdue inspection sticker, chances are high that the officer will give you a ticket. However, some states build in a grace period between when your registration expires and when you can be ticketed. In Texas, for example, you have a five-day grace period after your inspection expires to get a new one. If you're issued a ticket during a grace period, then you might be able to get the court to dismiss the ticket.

Fixing Your Mistake
Some states give you an opportunity to fix your mistake so you don't have to pay the full price of your ticket. In Texas, for example, you can get your car inspected within 20 days of receiving a ticket. If you do, you can pay a fee of $20 and your ticket will be dismissed. However, this option is only available if your inspection isn't more than 60 days expired.

Insurance and Other Consequences
Some states build in additional consequences for getting a ticket for an expired inspection sticker. In Massachusetts, all driving tickets including tickets for an expired inspection sticker could cause your insurance premiums to increase. In addition, every ticket is counted as a surchargeable event in Massachusetts, meaning it can increase your insurance. If you have five moving violations, you might get your license suspended.

Rejection Stickers
Some states, like Virginia, will give you a rejection sticker if you fail the inspection. The sticker starts the clock and you have 15 days to get your car fixed so it can pass an inspection. However, the sticker isn't a “get out of jail free” card. In fact, the sticker itself gives police officers reasonable suspicion to pull you over. You can be issued an additional ticket for driving with improper or defective equipment.

Arresting Out of State for Traffic Law Breaks

If you have been charged with a traffic summons in New Jersey but you live in another state, it is advisable not to ignore the summons. If you do not pay the amount of the fine or appear in court to contest the ticket, a New Jersey municipal court will likely issue a warrant for your arrest. While an arrest warrant for a New Jersey traffic summons can have serious negative consequences, it will generally not result in an arrest if you are detained in a different state.

The NCIC Database and Warrants
The National Crime Information Center (NCIC) is a computer database maintained by the Federal Bureau of Investigation. The NCIC database is available to federal, state and local law enforcement officials in all 50 states. The NCIC database includes a listing of all persons throughout the United States with outstanding criminal warrants for felony and serious misdemeanor charges.

Punishments for New Jersey Traffic Offenses
Under New Jersey law, a felony offense is involves a potential punishment of at least six months imprisonment. Crimes that do not carry a potential sentence of imprisonment or those that can result in no more than six months imprisonment are classified as disorderly persons offenses. Under New Jersey law, most traffic offenses are considered disorderly persons offenses because they do not incur jail sentences.

NJ Traffic Summonses in the NCIC Database
Because most New Jersey traffic offenses do not carry the possibility of at least six months imprisonment, the arrest warrant for failing to appear in court for a traffic summons will not typically be posted in the NCIC database. If a traffic offense warrant is posted in the NCIC database, it will also contain a geographic restriction limiting the right to arrest. A person charged with only a traffic offense is not a high priority for law enforcement and the cost of extradition can be high. For example, a police department for a New Jersey municipal court issuing an arrest warrant will not likely be willing to pay to arrest and transport a person from California.

Out of State Consequences of NJ Traffic Summons
While an arrest warrant for failing to appear in court for a New Jersey traffic summons will not likely result in your arrest while outside of New Jersey, it will still have significant consequences for your driver’s license. Upon issuance of a bench warrant, New Jersey will suspend your right to drive within the state. Additionally, New Jersey is one of 44 states and the District of Columbia that are members of the Nonresident Violator Compact. If your license is from a state that is also a member of the Nonresident Violator Compact, New Jersey will report your bench warrant to your home state, which triggers a suspension of your driver’s license.

Wednesday, 29 July 2015

Friend Driving My Car Laws

It’s about standard in every state that the friend driving your car is covered.

— Bob Hunter, director of insurance, Consumer Federation of America
Here's the scenario. Friends are visiting for the holidays. While you are in the kitchen, busily preparing the evening’s scrumptious meal, one of your friends offers to drive to the store to pick up an ingredient you forgot. You unhesitatingly hand your car keys to him. Minutes later he calls with bad news: He's been in a fender bender in the grocery store parking lot. The second question that arises — after you have determined no one is hurt — is this: Is the damage to my car covered by my auto insurance policy even though my friend was driving rather than me?

Read the Fine Print
Perhaps you have had such an experience, or have wondered about multiple drivers and your policy. The answer lies in your home state’s regulations, the specific details of the accident and the specifications of your policy, says Loretta Worters, vice president of the Insurance Information Institute, a New York City-based industry trade group.

“It really depends on the situation,” Worters said. “In most cases if a friend or say a relative from out of town borrows the car, they are an unexpected driver, (and) … most likely would be covered under what’s called ‘permissive use rules’ and the owner’s liability under a standard form policy.”

Three Steps When Driving a Friend's Car
The question of liability when it comes to driving a friend’s car, or the reverse — a friend driving your vehicle — can be confusing. Coverage of multiple drivers generally “follows the vehicle,” according to lawyers.com, but to be safe you must familiarize yourself with the details of your policy.

The website recommends three precautions before driving a vehicle other than your own:

• Make sure you have permission from the owner of the vehicle.

• Make sure the owner has insurance coverage on the vehicle that you are going to drive.

• Check to see whether your insurance will cover any damage that isn't covered under the owner's policy.

Implied Permission
Permissive use in the auto insurance industry refers to an automobile owner providing either explicit or implied permission to another person for use of a vehicle. "Most states have statutory language requiring insurance policies to extend the liability coverage of your auto insurance policy to a driver who is permitted to use your car, with your express permission or where by your conduct, permission can be implied," Sheila Sullivan, an attorney with the Indiana law firm Flynn & Sullivan PC, writes in her law blog.

It sounds simple enough, but the sticking point is how each state determines permissive and implied use, and it varies from state to state, according to Sullivan. Some states go even further by narrowing down the types of permissive use, which makes it that much more important to know the limits and extent of permissive use in your policy.

Essentially, as long as a driver obtains the vehicle owner's permission to drive the vehicle, the owner's policy will provide coverage. If the driver is independently insured, his policy would provide secondary coverage if the owner’s policy did not fully cover the damages.

“It’s about standard in every state that the friend driving your car is covered,” said Bob Hunter, director of insurance for the Consumer Federation of America, a consumer-interest advocacy group based in Washington, D.C. “But you should always be fully aware of the full terms of your policy. If you’re worried about it, write a letter to your insurer requesting information — but be sure to make it clear there is no claim, that it’s just for information.”

Understand Your Policy

Of course, whenever dealing with legal situations there could be a million different details that affect liability. The website lawyers.com touches on some of these scenarios. What if you let someone drive who has a driving record littered with offenses? What if one weekend your driving-age son lets his friend take out your sports car à la Ferris Bueller, and rear-ends another car? If your son lives with you, he likely would be covered; someone to whom he lent the car would not be covered. An owner might be considered negligent if he was aware that a person was unqualified to drive — because of intoxication, for example, incompetence or past driving history — but allowed him to drive anyway. This negligence on the owner's part might prevent policy coverage. According to lawyers.com, “An owner's policy might not cover injuries and damages that are the result of an accident if the driver's negligence (failure to use reasonable care under the circumstances) caused an accident or if the vehicle owner was negligent by allowing the driver to operate the vehicle.”

In some states if a friend makes a material deviation from what you gave him permission to use the vehicle for, an accident while doing so might not be covered under your policy. Additionally, Worters says, some low-premium policies cover only the owner, so it is really important to be informed.

A completely separate set of rules govern businesses — even a mom-and-pop operation with a work van that an employee drives, or any work-related driving. Employers should review their policies and if necessary consult their agents if they require clarification.

“You really need to find out from your insurer what type of coverage you have,” Worters says. The world is filled with many different insurance products, and the variety of options and associated costs can be all over the map. Knowing what you’ve bought and are currently paying for in terms of auto coverage is important, as you never know what is just around the corner.

Tuesday, 28 July 2015

Drive Stick Shift Up a Hill

If you've ever attempted to drive a stick shift on the streets (or hills) of San Francisco, you know the importance of being able to properly handle your manual-transmission vehicle on an incline. Driving up a steep hill can be a white-knuckled ride, especially when you stop and start again with a car closely on your tail. Vehicles with manual transmission have a tendency to roll backward--especially on a hill--and coordinating the clutch and gas pedal while minimizing rollback can be an intimidating experience. With practice, however, driving a stick can be an exciting and pleasurable experience.

Make sure your seat belt is fastened securely.

Activate the parking brake while waiting for the light to change, or at a stop.

Step on the clutch with your left foot; and with your right foot on the brake, put the car into neutral.

Shift the gear shift into first gear when the light changes, or from a stop.

Slowly ease off the clutch while simultaneously moving your right foot quickly from brake pedal to accelerator.

Release the parking brake just as you feel the car beginning to get into gear.

Begin driving up the hill, giving more gas as needed, revving the engine a little higher than on flat terrain, so as to not lose momentum.

Shift quickly once the car is revving high in first gear; depress the clutch again, and shift to second.

Immediately release the clutch while giving the engine gas.

Turn Off Traction Control on Chevy Camaro

Resurrected in 2010 after an eight-year hiatus, the Chevrolet Camaro has a storied history. Recent Camaro models have included a feature called traction control. This feature reduces power to a spinning wheel, which helps you keep control in bad driving conditions. There are times you may want your wheels to spin, so Chevy provides a way for you to turn the system off. Some confusion exists on the fourth-generation model (1994 to 2002), because the traction-control system was called Accelerated Slip Regulation (ASR). Thus, it appears there is no traction-control off button.

Move your Camaro's gearshift selector to "Park." If it's a manual transmission, move the shift knob to "Neutral" and set the parking brake. Leave the engine running.

Locate the button between the center-air vent and the radio labeled "ASR." Press the button.

If your Camaro is a fifth-generation model (2010 to 2011), the button is labeled "TCS." This button is on the center console, in front of the gearshift selector.

Inspect your odometer cluster. You should see a warning light that says "Trac Off" on fourth-generation models. On fifth-generation models, you'll see "TCS" with a line through it. This indicates the traction-control system is turned off.

Correct Spin in Front Wheel Drive

Picture the typical film or TV car chase. Most people picture two cars battling one another in what appears to be a smoke filled driving ballet of screaming tires, fast edits, billowing exhaust notes, and lots of slides and spins. However, an unexpected slide or spin in your car can be terrifying or deadly for the average motorist, even in a front-wheel drive (FWD) vehicle. FWD vehicles are not immune to unexpected spins.

Oversteer/Spin
Stay calm and do not panic.

Identify what kind of spin you have hit. If the back end of the vehicle starts to slide and dictate the direction of travel, this is called oversteer. Know which situation is affecting your car, because applying an incorrect input---one for oversteering while experiencing an understeer---could make the situation worse.

Steer in the opposite direction of the spin in an oversteer situation. If the front of the car points to the left, steer to the right. If the front points right, steer left. This will maintain your intended direction of travel. You will need to steer quickly before the car spins completely around, but make your corrections as smooth as possible. Sharp and jarring inputs to the steering can cause the loss of even more traction.

Apply the accelerator. This will pull the front of the car out of the spin and bring the front and rear wheels in line once again.

Understeer/Slide
Identify what is happening to your vehicle. If the front of the car pushes wide toward the outside of a corner, this is called understeer.

Steer quickly in your desired direction of travel (opposite the direction of the slide), then keep your front tires pointed in that direction. This technique is known as applying opposite lock.

Apply a short, quick pull of the emergency brake (if it's lever operated). Keep the emergency brake button depressed as not to lock the rear wheels, which could cause a spin. A quick pull will stop the rear wheels and quickly point the car in the desired direction of travel.

De-engage the emergency brake, and apply the accelerator. Never apply the accelerator while experiencing an understeer situation, since your front tires have already lost traction, this will only elongate the time it takes for them to regain that lost traction, increasing the slide.

Turn Off Traction Control in BMW

The BMW X5 comes with two types of traction control: Dynamic Stability Control and Dynamic Traction Control. The features work together to keep you under control of your X5 during bad-weather driving and in other slippery conditions; however, if you are stuck, it may be necessary to allow the wheels to spin to break free. With traction control activated, the power to your wheels is reduced during slippage. In situations like these, you'll need to turn the traction control off.

Insert your X5's smart key into the key slot and press the "Start" button to crank the engine.

Inspect the center stack beneath the radio. Look at the fourth button from the left on your driver-control panel. This button has an icon of a vehicle driving with skid marks beneath it.

Press and hold the button for five to eight (no longer than 10) seconds. Pay attention to the message center on your odometer cluster. The display shows "DSC OFF" when the feature is turned off.

Release the button. Press and hold it again to re-activate the traction-control system.

Pennsylvania Fog Light Laws

Fog lights or lamps can make driving easier and safer when rain, mist and fog cut visibility on the road. The lights are designed to emit a low, wide beam that helps to better illuminate your driving lane and make it easier for others to see you. Fog lights may be standard equipment on a vehicle or added later. Pennsylvania's state code on vehicle lighting and electrical systems (Code 175.66) describes their proper use.

No Substitute
Under Pennsylvania law, fog lamps may be installed on a passenger vehicle or light truck as long as they are used in addition to the vehicle's headlamps. Fog lamps may not legally be used as a substitute for headlamps.

Mounting
When fog lamps are installed on the front of a vehicle, they must be spaced at least 20 inches apart, measured from the centers of the lamps. The fog lights cannot be mounted any higher than 42 inches above a level surface on which the vehicle rests. They cannot be mounted any lower than the lowest part of the chassis. Fog lamps are legal on the rear of a vehicle if they come originally installed or if they are offered as optional equipment. Fog lamps may not be mounted in front of any required lamps.

Aim
When fog lamps are used, the light emitted from the lamps should be aimed straight ahead. The beam should not be above the horizontal centerline of the lamp at a distance of 25 feet. Fog lamps are generally available with clear or amber lights.

Operation
Fog lights should be designed to operate off their own switch and work in conjunction with low beams. When high beams are being used, fog lights should be turned off.

Laws of Car Horns

Your car's horn, so accessible on the steering wheel beneath your hands, looks and feels like an easy and effective way to communicate displeasure towards another driver or pedestrian. But its apparent convenience belies an undercurrent of little known legality. In truth, car horns were designed solely as a safety or warning device, and using them otherwise not only undermines their intended function, but might even be illegal.

History
Vehicular horns have been around for centuries, and came into being before the motorized automobile as we know it was even invented. The first recorded horn evidence dates back to the 1800s, when a German clockmaker installed one in an elaborate horseless carriage he'd invented. His horn was intended to draw attention to his majestic contraption, but as the vehicular horn evolved over the centuries, it transformed into a warning device. The horns of early autos took the form of everything from door-mounted squeeze-bulbs to small gongs within the car. As motorized vehicles increased in number, the honking of horns became so prevalent that laws were enacted to control noise pollution. Such laws continue to exist in most states today, though enforcement has proven to be spotty at best.

The Law Today
Most regional car horn-related legislation was passed in the 1950s, '60s and '70s to control noise pollution within city limits. The wording of such laws remains relatively unchanged to this day, and is similar in content from state to state, usually expounding the notion that it is illegal to use a car horn for any purpose other than to express warning. In the state of Washington, for instance, the law reads: "The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway."

Penalties
Do you know anyone who has ever been busted for honking? Probably not. Horn-related laws are rarely enforced, especially in major cities where to start passing out tickets for horn-blowing could incite a major uprising. But that doesn't mean it's legal to honk out of turn, and that police officers don't have the authority to penalize you for doing so. In Washington, for example, the penalty for undue honking is a $124 ticket. In Harrisburg, Pennsylvania, the fine for excessive honking can be as high as $1000. In University City, Missouri, you might even receive a citation for honking someone else's horn. So the next time you think about leaning on that horn in response to an annoying driver, think again.

Calculate Distance Traveled in MPH

How far you go in a given time depends on your speed. In the United States, MPH (miles per hour) measures the speed of a vehicle. Using the rate of miles divided by the hours for the speed, you need only the time you traveled to calculate your distance.Use this formula for any type of vehicle -- cars, planes or boats -- to determine your distance from the speed.

Note the speed in miles per hour (MPH) by looking at the speedometer; maintain that speed as you travel, ideally with cruise control engaged. Start the stopwatch.

After the desired period, stop the stopwatch and record the time elapsed.

Convert the time traveled to hours by dividing the number of minutes by 60. For instance, if you traveled for 5 minutes that equals 5/60 = 0.83 hours.

Multiply the number of hours by the speed in miles per hour to find the distance traveled. For example, if you traveled 0.83 hours at a speed of 30 MPH, your distance would be 30 x 0.83 = 2.5 miles.

Causes of Brake Failure

In modern cars, braking is accomplished through the use of a closed hydraulic system. It's a reliable and efficient. Total brake failure is rare, but there are factors that contribute to driving situations that could become dangerous quickly. It's a good idea to be familiar with the symptoms and causes of brake failure and know how to react properly.

Brake Fluid
A car's braking system relies on a special hydraulic fluid with specific properties that make it suited for use in the braking system. Periodically the driver should check the reservoir on top of the master cylinder for proper brake fluid level. Normal use will cause the level to drop through time. If you notice the level dropping precipitously over the course of a few days or if it descends to two-thirds full, it's time to add fluid. Low brake fluid can cause your car's brakes to feel spongy or require repeated pumping of the foot pedal to stop the car. This is a serious problem. You need to fill the reservoir back up or risk acquiring a nonfunctional brake pedal.

Brake Pads
The friction generated by repeated, heavy use of the brake pedal could actually cause the brake pads to overheat and work poorly, if at all. It's not a permanent situation. Once they cool down, they'll work fine again. If you suspect the pads are getting hot, it's a good idea to pull over immediately and give them a chance to recover. Brake pads also wear down through time and need replacement.

Part Failure
Failure in any of the physical parts that make up the braking system could cause your brakes to stop working. Besides the brake pads, there are also rotors, calipers, drums (on some cars) and brake lines that can suddenly fail. If you notice anything strange about the way your car stops, such as squealing, grinding, pulling to one side or the other, or the pedal going to the floor, have it checked out by a professional.

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