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Downloading Code, Legal That Is

I recently made (what is for me) a fabulous discovery: The U.S. House of Representatives Download Code site. Suddenly, I have continuous access to Title 15 (Commerce and Trade), Title 23 (Highways), and Title 49 (Transportation) on my very own computer. No more looking up arcane statutes in books nor waiting for the internet to allow me to see the code, one statute at a time. Instead, in a few short seconds I downloaded each entire title as a ZIP file, and voila I was code-rich. I imagine that the people who post the law technology blogs are firmly on top of this, but I never really have the time to wade through all of the technology stuff that I only vaguely understand to find it. Hats off to the House of Representatives for spending my tax dollars wisely.

Are Gas Prices Affecting Consumer Purchases? Automotive News Thinks No, Yes, Maybe.

Anyone with even half an ear to the ground knows that high fuel prices are causing consumers to think twice about which vehicle to buy or which car to take. Leave it to industry insiders, however, to be the folks least likely to understand what is happening beyond the "steel tower". Virtually every recent issue of Automotive News, the mouthpiece of the auto manufacturing industry, has some comment about whether the run of high gas prices is affecting buyers' attitudes. Yet, there is no consistency -- even within the same issue.

Take, for example, the June 7, 2004 issue of AN. An article on page 4 headlines with, "Dealers say costly fuel is changing sales, but automakers disagree". The piece details how dealers are reporting declines in sales of large SUVs and are scrambling to get more fuel efficient vehicles on their lots. The sales and marketing departments of the Big Three, however, stoutly deny that fuel prices are having any effect on buying preferences. GM's market and industry analysis executive director, Paul Ballew, claims that gas prices would have to rise to $2.50 to $3.00 per gallon before purchasing decisions would change, according to GM's research.

NHTSA Calls For Public Comment On Long Range Strategic Planning

The National Highway Traffic Safety Administration recently called for public comment on the issues and conerns the agency should focus on over the next five year period. Comments are required to be submitted by August 16, 2004 and can be submitted online. Commentary can address one or more of the designated questions or may include input the author believes is appropriate for agency action.

The issue that I am particularly focused on is the lack of collision repair safety standards. While NHTSA mandates vehicle standards for newly manufactured motor vehicles and their parts, NHTSA does not mandate any minimum safety standards for cars or trucks one they have been repaired. In fact, the majority of states do not regulate who can repair a vehicle or how it can be repaired. California and Michigan are two exceptions. In most U.S. states, cosmetologists have higher education, training, and oversight requirements than people welding your car back together.

Now there is a frightening thought.

Long Range Strategic Planning Document NHTSA-2004-17794

NHTSA Makes "Black Box" Inclusion Voluntary

Download 0413241_edr_requests_for_comment.doc

Recently, the NHTSA published a final rule for comment on the inclusion of event data recorders (EDRs) (aka "Black Boxes") in cars and trucks. The rule proposes voluntary inclusion of EDRs allowing manufacturers to elect whether to install such devices. NHTSA had been considering two separate petitions by individuals to mandate inclusion of EDRs.

Many cars and trucks already are equipped with these recording devices. While the NHTSA is not mandating inclusion in future vehicle production, the agency proposes to require manufacturers who voluntarily install EDRs to capture specific information and prohibits the treatment of the recorded data to be deemed proprietary.

Concerns for privacy prompted California to enact legislation prohibiting the use of EDR data without the vehicle owner's express consent or absent a court order. This legislation went in to effect for all vehicles manufactured after July 1, 2004.

Event Data Recorders: The Black Box of the Road; The Black Box Revisited

You Can't Recover Diminished Value If You Lease. Is That True?

Of course not, but there are some enterprising claims representatives who will tell you that you can't recover diminished value if you lease your car. I heard that assertion repeatedly from claims representatives in Ohio until I presented a continuing legal education seminar and included a copy of the Ohio statue recognizing that a lessee can recover all damage caused to a lease vehicle. I haven't heard that argument from a claims agent in any state since.

It is sometimes difficult to find existing statutes on off-beat topics because they seem to end up in the strangest places. The Ohio statute showed up in the Certificate of Title chapter, not anywhere in tort sections or propertly loss.

Diminished Value and Leased Vehicles: Do Leased Cars Really Suffer Less from Collision Damage?

Who Gets Diminished Value?

If you have been involved in a car accident, your right to be paid diminished value may depend on whether you were the at-fault driver or the person who was hit. Some U.S. state laws, like Georgia, allow both to recover diminished value payments. Other states allow insurers to exclude diminished value payments for their policyholders and this results in only the person who was not at fault being able to claim and recover the decreased value caused to the car. Diminished Value: First Parties v. Third Parties

Understanding Diminished Value

If you have been paying attention to the dualing class actions raging in the midwest, you have probably heard about something called "diminished value". Unless you are involved in auto issues, you are probably thinking, "What the heck is that?" Here's the answer. Diminished value is the phrase we use to describe the decrease in value your vehicle suffers from an adverse event -- typically, when it has been involved in an accident. When people are thinking about buying a car, one of the important questions they have is, "Has this car ever been in an accident?" If the honest answer to that question is "yes", the buyers may simply cross that car off the list or will only consider buying it at a much cheaper price. The bottom line is that after an accident, your car is almost always worth less than it was immediately before the crash. Understanding Diminished Value