Law and SocietyLaw and Society

CJUS/POLS 102:CJUS/POLS 102:

Motor Vehicle LawMotor Vehicle Law

VehicleVehicle1.1. Owning / operating motor vehiclesOwning / operating motor vehicles

- bought / sold / traded / discarded- bought / sold / traded / discarded

- major responsibility- major responsibility

- Title 46 RCW- Title 46 RCW

a. a. OwningOwning

- car companies- car companies

- incentives - incentives

- new / used / private- new / used / private

- easy to purchase- easy to purchase

(1) (1) Standardized agreementStandardized agreement (contract) (contract)

VehicleVehicle- Uniform Commercial Code- Uniform Commercial Code- adhesion contract- adhesion contract

(a) Dominant party(a) Dominant party- dealership- dealership

(b) Adhering party(b) Adhering party- buyer- buyer

(2) (2) Once contract signedOnce contract signed- bound by agreement- bound by agreement

VehicleVehicle- cannot add or modify- cannot add or modify- any oral / written material- any oral / written material

(a) Free CD player(a) Free CD player- but not in contract- but not in contract

(b) (b) Parol Evidence RuleParol Evidence Rule- all must be in contract- all must be in contract- warranty / down-payment- warranty / down-payment- interest rate / add-ons - interest rate / add-ons - all verbal agreements - all verbal agreements

VehicleVehicleParol Evidence RuleParol Evidence Rule

““If there is evidence in writing (such as a If there is evidence in writing (such as a

signed contract) the terms of the contractsigned contract) the terms of the contract

cannot be altered by evidence of oral cannot be altered by evidence of oral

agreements purporting to change, explain, agreements purporting to change, explain,

or contradict the written document.”or contradict the written document.”

VehicleVehicle(c) Drive car off lot(c) Drive car off lot

- loses 10% to 20% of value- loses 10% to 20% of value

(d) Negotiate:(d) Negotiate:- price / options / warranty- price / options / warranty- get in writing- get in writing

(3) (3) 3-day cooling off period3-day cooling off period- purchase of new car- purchase of new car

(a) Not taken possession yet (a) Not taken possession yet

VehicleVehicle(b) Drive new car off lot(b) Drive new car off lot

- pay for any use- pay for any use- so much per mile- so much per mile

b. b. WarrantiesWarranties- tells what support you will receive- tells what support you will receive- what company / dealership will do- what company / dealership will do- “- “5 years or 100,000 miles5 years or 100,000 miles””- “- “Whichever comes firstWhichever comes first””

(1) (1) Two types of warrantiesTwo types of warranties

VehicleVehicle(a) Warranty of title(a) Warranty of title

- seller possesses property- seller possesses property- can legally sell to another- can legally sell to another

(b) Warranty of merchantability(b) Warranty of merchantability- quality of vehicle- quality of vehicle- promises that quality at - promises that quality at

salesale

(c) Implied warranties(c) Implied warranties- what you will receive- what you will receive- both new / used vehicles- both new / used vehicles

VehicleVehicle(d) “(d) “DisclaimerDisclaimer””

- can change warranties- can change warranties- break down further- break down further- engine / drive train / - engine / drive train /

brakesbrakes

(2) (2) Moss-Magnuson Warranty ActMoss-Magnuson Warranty Act- allows sellers to change- allows sellers to change- but not eliminate warranties- but not eliminate warranties

(a) “(a) “Specific warrantiesSpecific warranties””- engine / drive-train- engine / drive-train

VehicleVehiclec. c. LeasingLeasing

- pay at signing / monthly payments- pay at signing / monthly payments- signed agreement (contract)- signed agreement (contract)

(1) “(1) “BailmentBailment””- property temporarily placed- property temporarily placed- in care of another- in care of another- without transferring title- without transferring title

(2) (2) Usually more expensiveUsually more expensive- up-front amount at signing- up-front amount at signing

VehicleVehicle- monthly payment for use of- monthly payment for use of

(a) Allow mileage during lease(a) Allow mileage during lease- go over- go over- pay dealership- pay dealership

(b) Option to purchase at end (b) Option to purchase at end ofof

lease periodlease period

2.2. Lemon lawsLemon laws- protect consumers- protect consumers

VehicleVehicle- follow guidelines of federal government- follow guidelines of federal government

a. a. Must take back vehicleMust take back vehicle- cannot be fixed under warranties- cannot be fixed under warranties- return purchase price / taxes / fees- return purchase price / taxes / fees- can deduct allowance for use- can deduct allowance for use

(1) (1) How do you know?How do you know?- one or more substantial defects- one or more substantial defects- reasonable number of attempts- reasonable number of attempts- to diagnose / fix problem- to diagnose / fix problem

VehicleVehicle(a) Reasonable number:(a) Reasonable number:

- serious safety defect- serious safety defect- life-threatening malfunction- life-threatening malfunction- impair ability to control or- impair ability to control or operateoperate- create risk of fire / explosion- create risk of fire / explosion

(b) Diagnosis / repair of same(b) Diagnosis / repair of same““nonconformitynonconformity””- attempted 4 or more times- attempted 4 or more times- defect continues to exist- defect continues to exist

VehicleVehicle- one attempt must occur- one attempt must occur during warrant periodduring warrant period

(c) Nonconformity defect(c) Nonconformity defect- “- “substantially impairssubstantially impairs””- use / value /safety - use / value /safety

(d) Makes vehicle:(d) Makes vehicle:- unsafe / unreliable / or- unsafe / unreliable / or- diminishes resale value- diminishes resale value (comparable vehicles)(comparable vehicles)

VehicleVehicle(2) (2) Vehicle out-of-serviceVehicle out-of-service

- for diagnosis or repair- for diagnosis or repair- 30 calendar days (12 months)- 30 calendar days (12 months)- 15 days during warranty period- 15 days during warranty period- attempted to fix car 4 times- attempted to fix car 4 times

(3) (3) Warranty periodWarranty period- for arbitration- for arbitration- different from manufacturer- different from manufacturer- cover 24-months / 24,000 miles- cover 24-months / 24,000 miles- can be less - can be less

VehicleVehicle(a) One-year or 12,000 miles(a) One-year or 12,000 miles

- diagnosed / repaired at- diagnosed / repaired at least onceleast once- manufacturer’s warranty- manufacturer’s warranty- out-of-service: 30 days- out-of-service: 30 days- 15 during warranty period- 15 during warranty period

(b) Longer warranty (5 (b) Longer warranty (5 yr/50,000)yr/50,000)

- 24 month / 24,000 miles- 24 month / 24,000 miles

b. b. You have a lemon!You have a lemon!

VehicleVehicle(1) (1) What should you do?What should you do?

(a) Gather together:(a) Gather together:- all documents / records - all documents / records / repair reports / repair reports- organize them- organize them- evaluate how car qualifies- evaluate how car qualifies

(b) Write to manufacturer:(b) Write to manufacturer:- repurchase / replacement- repurchase / replacement

(c) Include:(c) Include:

VehicleVehicle- make / model / year / VIN- make / model / year / VIN- explanation of problem- explanation of problem- name of dealership(s) where- name of dealership(s) where diagnosis / repair attemptsdiagnosis / repair attempts mademade- include dates- include dates

(d) Must request replacement /(d) Must request replacement /repurchase of vehiclerepurchase of vehicle

(2) (2) Certified mail with return receiptCertified mail with return receipt

VehicleVehicle- keep copy of your letter- keep copy of your letter- keep return receipt in records- keep return receipt in records

(a) Allow manufacturer 40 days to(a) Allow manufacturer 40 days torespondrespond- in most instances- in most instances

(b) If no response / response is(b) If no response / response isunsatisfactoryunsatisfactory- Request for Arbitration- Request for Arbitration- Lemon Law Administration- Lemon Law Administration

VehicleVehicle- Attorney General’s Office- Attorney General’s Office

c. c. Arbitration boardArbitration board- private company- private company- selected by competitive bid- selected by competitive bid- not associated with dealerships- not associated with dealerships- independent of attorney general- independent of attorney general

(1) (1) Manufacturer has right to see carManufacturer has right to see car- inspection purposes- inspection purposes- must be present- must be present

VehicleVehicle- waive right in writing- waive right in writing

(2) (2) Arbitration boardArbitration board- reviews all documents- reviews all documents- makes a determination- makes a determination

(a) Law does not cover:(a) Law does not cover:- owner abuse / neglect- owner abuse / neglect

(b) Unauthorized modifications(b) Unauthorized modifications- alterations made to vehicle- alterations made to vehicle

VehicleVehicled. d. Returning vehicleReturning vehicle

- difficult- difficult

(1) (1) Better Business BureauBetter Business Bureau- file a complaint- file a complaint

(a) No power to force dealership(a) No power to force dealershipto take back vehicleto take back vehicle

(b) Register the complaint(b) Register the complaint- inform others who ask- inform others who ask

VehicleVehicle(2) (2) Contact state attorney Contact state attorney

generalgeneral- determine processes they- determine processes they have to followhave to follow

(3) (3) Hire private attorneyHire private attorney- sue the dealership- sue the dealership

3.3. Automobile recallsAutomobile recalls- voluntary / mandatory recalls- voluntary / mandatory recalls

a. a. VoluntaryVoluntary

VehicleVehicle- company sued for injuries due to- company sued for injuries due to faulty equipmentfaulty equipment- company knows they are going to - company knows they are going to

bebe sued for injuriessued for injuries

b. b. MandatoryMandatory- - National Traffic Highway Safety National Traffic Highway Safety AdministrationAdministration- requires a vehicle be recalled- requires a vehicle be recalled- due to a specific defect- due to a specific defect- authority to recall- authority to recall

VehicleVehicle(1) (1) Product Liability LawsProduct Liability Laws

- also affect vehicles- also affect vehicles

(2) (2) Refers to liabilityRefers to liability - of any or all parties - of any or all parties - along chain of manufacture- along chain of manufacture

(a) Sue (a) Sue Firestone TireFirestone Tire for fordefective condition of defective condition of

productproduct- faulty tires- faulty tires- caused accidents- caused accidents

VehicleVehicle(b) Sue (b) Sue FordFord

- defective materials used- defective materials used

(3) (3) Product Liability Laws are based Product Liability Laws are based onon

(a) (a) WarrantyWarranty- injury based on breach of- injury based on breach of

(b) (b) NegligenceNegligence- product design- product design- materials used- materials used

VehicleVehicle(c) (c) Strict liabilityStrict liability

- selling products in - selling products in defectivedefective

conditioncondition

4.4. Registration of vehiclesRegistration of vehicles- state requires - state requires - two certificates: owner / registration- two certificates: owner / registration

a. a. Certificate of OwnershipCertificate of Ownership - vehicle’s “- vehicle’s “titletitle”” - lists vehicle information - lists vehicle information

VehicleVehicle- make / model / year / VIN / etc.- make / model / year / VIN / etc.- lists owner: person / bank / - lists owner: person / bank /

companycompany- title sent to legal owner- title sent to legal owner

(1) (1) Washington stateWashington state- application made- application made- full / complete name of owner- full / complete name of owner- address / description of vehicle- address / description of vehicle

(2) (2) Certificate of license registrationCertificate of license registration- who vehicle registered to- who vehicle registered to

VehicleVehicle(a) Some states list both:(a) Some states list both:

- J. Doe = registered owner- J. Doe = registered owner- Bank of Am = legal owner- Bank of Am = legal owner

(b) Legal owner not liable for acts(b) Legal owner not liable for actsof registered ownerof registered owner

(3)(3) Out-of-state registration Out-of-state registration- vehicle checked by state patrol- vehicle checked by state patrol- VIN: secret locations- VIN: secret locations- check previous state registration- check previous state registration

VehicleVehicle(a) County Auditor’s Office(a) County Auditor’s Office

- old registration- old registration- inspection by state patrol- inspection by state patrol

(b) Pay fees(b) Pay fees- get title / registration- get title / registration- title sent to legal owner- title sent to legal owner

b. b. Must also be licensedMust also be licensed- assigned to specific vehicle- assigned to specific vehicle- cross-referenced to VIN- cross-referenced to VIN

VehicleVehicle- assigned permanently (personalized)- assigned permanently (personalized)- lost / stolen: new plate / registration- lost / stolen: new plate / registration

““It is unlawful for a person to operate any It is unlawful for a person to operate any vehicle over and along a public highway of vehicle over and along a public highway of this state without first having obtained this state without first having obtained and having in full force and effect a and having in full force and effect a current and proper vehicle license and current and proper vehicle license and display vehicle license number plates display vehicle license number plates therefore as by this chapter provided. therefore as by this chapter provided. Failure to make initial registration before Failure to make initial registration before operation on the highways of this state is operation on the highways of this state is a misdemeanor, and any person convicteda misdemeanor, and any person convicted

VehicleVehicle thereof must be punished by a fine of not thereof must be punished by a fine of not

less than . . . , no part of which may be less than . . . , no part of which may be suspended or deferred.”suspended or deferred.”

RCW 46:16:100RCW 46:16:100

c. c. Selling your vehicleSelling your vehicle - 15 days to submit title - 15 days to submit title

(1) (1) Sign on title to release ownershipSign on title to release ownership- fill out release of title form- fill out release of title form- submit to Auditor’s Office- submit to Auditor’s Office- new owner must transfer title- new owner must transfer title

VehicleVehicle(2) (2) Cannot sell / transfer if under 18Cannot sell / transfer if under 18

- military / emancipation - military / emancipation - owned before 08/11/1969- owned before 08/11/1969- misdemeanor- misdemeanor

(3) (3) Cannot make false statementsCannot make false statements- claiming stolen- claiming stolen- felony- felony

(4) (4) Issuing false documentsIssuing false documents- felony - felony

VehicleVehicle5.5. Driver’s licenseDriver’s license

- required to operate motor vehicles- required to operate motor vehicles

a. a. Washington lawWashington law

““No person may drive a motor No person may drive a motor vehicle upon a highway in this state vehicle upon a highway in this state

without first obtaining a valid without first obtaining a valid driver’sdriver’s

license issued to Washington state license issued to Washington state residents under this chapter.” residents under this chapter.”

RCW 46.20.001RCW 46.20.001

VehicleVehicle(1) (1) No Valid Operator’s LicenseNo Valid Operator’s License

- never had a license- never had a license- license expired- license expired

(a) $250 penalty(a) $250 penalty

(2) (2) Immediate possessionImmediate possession- displayed on demand- displayed on demand

(a) New residents(a) New residents- obtain within 30 days- obtain within 30 days

VehicleVehicle- written / driving test- written / driving test

(b) Instruction permit(b) Instruction permit- 15 ½ years of age- 15 ½ years of age- 15 and enrolled in traffic- 15 and enrolled in traffic safety education programsafety education program

(c) Possess instruction permit(c) Possess instruction permit- licensed driver - licensed driver - with 5 years experience- with 5 years experience- valid up to one year - valid up to one year

VehicleVehicle(3) (3) Why a driver’s licenseWhy a driver’s license??

- insure ability to drive- insure ability to drive- understand what is required- understand what is required- - “due care and caution”“due care and caution”- “reasonable person standard” - “reasonable person standard”

(a) Not a right to drive(a) Not a right to drive- it is a privilege- it is a privilege

b. b. Rules of the roadRules of the road- must obey all traffic laws- must obey all traffic laws

VehicleVehicle- traffic infraction- traffic infraction- criminal traffic- criminal traffic

(1) (1) Must you stop at accidents?Must you stop at accidents?- not in Washington state- not in Washington state- unless involved (RCW 46.52)- unless involved (RCW 46.52)

(2) “(2) “Good Samaritan LawsGood Samaritan Laws””- protect those who stop- protect those who stop- render aid- render aid- good intentions / knowledge- good intentions / knowledge

VehicleVehicle(3) (3) Citations issuedCitations issued

- do show negligence- do show negligence- “- “vicarious liabilityvicarious liability””

(a) Employers: responsible for(a) Employers: responsible foremployeesemployees

(b) Parents: responsible for child(b) Parents: responsible for child

(c) Owner: responsible for (c) Owner: responsible for loaningloaning

vehicle to friend / etc.vehicle to friend / etc.

VehicleVehicle(d) Owner driving(d) Owner driving

- responsible for passengers- responsible for passengers

c. c. Driving Under the InfluenceDriving Under the Influence (DUI) (DUI)- RCW 46.61.502- RCW 46.61.502

(1) (1) ObservationObservation- DUI indicators- DUI indicators- driving patterns- driving patterns

(a) Follow for period of time(a) Follow for period of time

VehicleVehicle(b) Stop vehicle in safe location(b) Stop vehicle in safe location

(2) (2) Field sobriety testField sobriety test- what officer looks for- what officer looks for

(a) Odor of alcohol(a) Odor of alcohol- approaching vehicle- approaching vehicle- driver’s breath- driver’s breath

(b) Facial features(b) Facial features- watery / red eyes- watery / red eyes

VehicleVehicle(c) Open containers(c) Open containers

- plain sight / hidden- plain sight / hidden

(d) Driver’s actions(d) Driver’s actions- slurred speech- slurred speech- unable to retrieve license- unable to retrieve license- exiting vehicle- exiting vehicle

(e) Street test(e) Street test- balance- balance- finger to nose- finger to nose

VehicleVehicle- stigmata- stigmata

(3) (3) Breath-Alcohol ContentBreath-Alcohol Content (BAC) (BAC)- - 0.08%0.08%- check mouth / wait 15 - check mouth / wait 15

minutesminutes- allow to blow- allow to blow- burp / cough- burp / cough- 3 chances- 3 chances

6.6. Repossessed vehiclesRepossessed vehicles- contract: “- contract: “secure transactionssecure transactions””

VehicleVehicle- security is vehicle- security is vehicle- payment guaranteed or secured by the- payment guaranteed or secured by the collateral collateral

a. a. Debtor defaultsDebtor defaults- “- “breach of contractbreach of contract””- fails to abide by agreement- fails to abide by agreement- fail to make required payments- fail to make required payments

(1) (1) Creditor: right to repossessCreditor: right to repossess- sue: award property/restitution- sue: award property/restitution

VehicleVehicle- may also confiscate vehicle- may also confiscate vehicle- must notify local police- must notify local police

(2) (2) Cannot “breach the peaceCannot “breach the peace””- enter house / garage / business- enter house / garage / business- can tow from in front of house- can tow from in front of house- from parking lot- from parking lot- driveway in some states- driveway in some states

(a) Most repossessions(a) Most repossessions- occur on street / in lot- occur on street / in lot

VehicleVehicleb. b. Vehicle purchased / paid forVehicle purchased / paid for

- used for collateral- used for collateral- viable contract- viable contract- still repossess vehicle- still repossess vehicle

(1) (1) Creditor can resellCreditor can resell- proceeds distributed as follows:- proceeds distributed as follows:

(a) Reasonable expenses(a) Reasonable expenses- towing / storage / selling- towing / storage / selling- attorney costs- attorney costs

VehicleVehicle(b) Pay off balance of debt(b) Pay off balance of debt

- owed to bank / credit union- owed to bank / credit union

(c) Pay other creditors(c) Pay other creditors- liens on vehicle- liens on vehicle- security for other loan- security for other loan

(d) Surplus(d) Surplus- given to debtor- given to debtor

(2) Unpaid(2) Unpaid balance balance

VehicleVehicle- creditor owed $10,000- creditor owed $10,000

- sold for $7,500- sold for $7,500

- legal action for unpaid balance- legal action for unpaid balance

(3) “(3) “Right of redemptionRight of redemption””

- pay off loan balance- pay off loan balance

- lump sum / continue payments- lump sum / continue payments

6.6. Driving a motor vehicleDriving a motor vehicle

- a privilege / not a right- a privilege / not a right

VehicleVehicle- regulated by the state- regulated by the state

a. a. Written / driving testWritten / driving test- “- “due care and cautiondue care and caution””- “- “ordinary and prudent person”ordinary and prudent person”

(1) (1) Traffic infraction / criminal trafficTraffic infraction / criminal traffic- suspended / revoked- suspended / revoked

(a) Suspended(a) Suspended- certain period of time- certain period of time

VehicleVehicle(b) Revoked(b) Revoked

- permanently lose license- permanently lose license- number / type of violations- number / type of violations

(2) (2) InsuranceInsurance- required- required- “- “proof ofproof of” ”

(a) Parents sign for license(a) Parents sign for license- minor children- minor children- financial responsibility- financial responsibility

VehicleVehicleb. b. Types of insuranceTypes of insurance

(1) (1) LiabilityLiability- required- required- pay for coverage you need- pay for coverage you need

(a) Specified amount(a) Specified amount- other driver- other driver- injuries / damage- injuries / damage

(b) No coverage on own vehicle(b) No coverage on own vehicle

VehicleVehicle- lender can require- lender can require

(2) (2) Medical paymentMedical payment- medical costs / funeral - medical costs / funeral

expensesexpenses- insurance pays costs- insurance pays costs

(3) (3) Physical damagePhysical damage

(a) Collision(a) Collision- regardless who at fault- regardless who at fault- pays for insured- pays for insured

VehicleVehicle(b) Comprehensive(b) Comprehensive

- covers all other losses- covers all other losses- wind / hail / fire / flood / etc- wind / hail / fire / flood / etc

(4) (4) No faultNo fault- required in some states- required in some states- individual’s insurance pays - individual’s insurance pays

themthem- “- “thresholdthreshold” met you can sue” met you can sue

c. c. Insurance paymentsInsurance payments- higher deductible / lower premium- higher deductible / lower premium

VehicleVehicle7.7. Maintenance of vehiclesMaintenance of vehicles

- required by law- required by law

a. a. Keep in “Keep in “good conditiongood condition””

(1) (1) EquipmentEquipment

- lights / tires / horn / etc.- lights / tires / horn / etc.

(2) (2) ConditionCondition

- height / tinted windows / etc.- height / tinted windows / etc.

VehicleVehicleb. b. Common carriersCommon carriers

- transport passengers for a fee- transport passengers for a fee- buses / cabs / railroads / airlines- buses / cabs / railroads / airlines

(1) (1) Follow state / federal regulationsFollow state / federal regulations

(2) (2) Passengers / belongingsPassengers / belongings

c. c. Involved in accidentInvolved in accident- stop as closely / safely as possible- stop as closely / safely as possible- notify police / medics if injury- notify police / medics if injury

VehicleVehicle- provide first-aid (if qualified)- provide first-aid (if qualified)

(1) (1) Exchange informationExchange information- driver’s license / registration /- driver’s license / registration / insurance cardinsurance card- compare to driver / vehicle- compare to driver / vehicle

(2) (2) Do not admit responsibilityDo not admit responsibility- don’t say it’s your fault- don’t say it’s your fault- let police decide- let police decide- listen to what they say- listen to what they say

VehicleVehicle(3) (3) Give info / statements to policeGive info / statements to police

- do not lie- do not lie- “- “I don’t rememberI don’t remember””

(4) (4) Notify insurance companyNotify insurance company- have case number- have case number- answer all questions- answer all questions

(5) (5) Complete accident reportComplete accident report- 10 days to turn in- 10 days to turn in- be accurate / do not lie- be accurate / do not lie

VehicleVehicle(6) (6) Contact attorneyContact attorney

- you are going to sue- you are going to sue

- you will be sued- you will be sued

d. d. Financial securityFinancial security

- state requires financial - state requires financial responsibilityresponsibility

- vehicle insurance- vehicle insurance

- security deposit (state treasurer)- security deposit (state treasurer)