Law and Society

1. Law and Society CJUS/POLS 102: Motor Vehicle Law

2. Vehicle • Owning / operating motor vehicles - bought / sold / traded / discarded - major responsibility - Title 46 RCW a. Owning - car companies - incentives - new / used / private - easy to purchase (1) Standardized agreement (contract)

3. Vehicle - Uniform Commercial Code - adhesion contract (a) Dominant party - dealership (b) Adhering party - buyer (2) Once contract signed - bound by agreement

4. Vehicle - cannot add or modify - any oral / written material (a) Free CD player - but not in contract (b) Parol Evidence Rule - all must be in contract - warranty / down-payment - interest rate / add-ons - all verbal agreements

5. Vehicle Parol Evidence Rule “If there is evidence in writing (such as a signed contract) the terms of the contract cannot be altered by evidence of oral agreements purporting to change, explain, or contradict the written document.”

6. Vehicle (c) Drive car off lot - loses 10% to 20% of value (d) Negotiate: - price / options / warranty - get in writing (3) 3-day cooling off period - purchase of new car (a) Not taken possession yet

7. Vehicle (b) Drive new car off lot - pay for any use - so much per mile b. Warranties - tells what support you will receive - what company / dealership will do - “5 years or 100,000 miles” - “Whichever comes first” (1) Two types of warranties

8. Vehicle (a) Warranty of title - seller possesses property - can legally sell to another (b) Warranty of merchantability - quality of vehicle - promises that quality at sale (c) Implied warranties - what you will receive - both new / used vehicles

9. Vehicle (d) “Disclaimer” - can change warranties - break down further - engine / drive train / brakes (2) Moss-Magnuson Warranty Act - allows sellers to change - but not eliminate warranties (a) “Specific warranties” - engine / drive-train

10. Vehicle c. Leasing - pay at signing / monthly payments - signed agreement (contract) (1) “Bailment” - property temporarily placed - in care of another - without transferring title (2) Usually more expensive - up-front amount at signing

11. Vehicle - monthly payment for use of (a) Allow mileage during lease - go over - pay dealership (b) Option to purchase at end of lease period • Lemon laws - protect consumers

12. Vehicle - follow guidelines of federal government a. Must take back vehicle - cannot be fixed under warranties - return purchase price / taxes / fees - can deduct allowance for use (1) How do you know? - one or more substantial defects - reasonable number of attempts - to diagnose / fix problem

13. Vehicle (a) Reasonable number: - serious safety defect - life-threatening malfunction - impair ability to control or operate - create risk of fire / explosion (b) Diagnosis / repair of same “nonconformity” - attempted 4 or more times - defect continues to exist

14. Vehicle - one attempt must occur during warrant period (c) Nonconformity defect - “substantially impairs” - use / value /safety (d) Makes vehicle: - unsafe / unreliable / or - diminishes resale value (comparable vehicles)

15. Vehicle (2) Vehicle out-of-service - for diagnosis or repair - 30 calendar days (12 months) - 15 days during warranty period - attempted to fix car 4 times (3) Warranty period - for arbitration - different from manufacturer - cover 24-months / 24,000 miles - can be less

16. Vehicle (a) One-year or 12,000 miles - diagnosed / repaired at least once - manufacturer’s warranty - out-of-service: 30 days - 15 during warranty period (b) Longer warranty (5 yr/50,000) - 24 month / 24,000 miles b. You have a lemon!

17. Vehicle (1) What should you do? (a) Gather together: - all documents / records / repair reports - organize them - evaluate how car qualifies (b) Write to manufacturer: - repurchase / replacement (c) Include:

18. Vehicle - make / model / year / VIN - explanation of problem - name of dealership(s) where diagnosis / repair attempts made - include dates (d) Must request replacement / repurchase of vehicle (2) Certified mail with return receipt

19. Vehicle - keep copy of your letter - keep return receipt in records (a) Allow manufacturer 40 days to respond - in most instances (b) If no response / response is unsatisfactory - Request for Arbitration - Lemon Law Administration

20. Vehicle - Attorney General’s Office c. Arbitration board - private company - selected by competitive bid - not associated with dealerships - independent of attorney general (1) Manufacturer has right to see car - inspection purposes - must be present

21. Vehicle - waive right in writing (2) Arbitration board - reviews all documents - makes a determination (a) Law does not cover: - owner abuse / neglect (b) Unauthorized modifications - alterations made to vehicle

22. Vehicle d. Returning vehicle - difficult (1) Better Business Bureau - file a complaint (a) No power to force dealership to take back vehicle (b) Register the complaint - inform others who ask

23. Vehicle (2) Contact state attorney general - determine processes they have to follow (3) Hire private attorney - sue the dealership • Automobile recalls - voluntary / mandatory recalls a. Voluntary

24. Vehicle - company sued for injuries due to faulty equipment - company knows they are going to be sued for injuries b. Mandatory - National Traffic Highway Safety Administration - requires a vehicle be recalled - due to a specific defect - authority to recall

25. Vehicle (1) Product Liability Laws - also affect vehicles (2) Refers to liability - of any or all parties - along chain of manufacture (a) Sue Firestone Tire for defective condition of product - faulty tires - caused accidents

26. Vehicle (b) Sue Ford - defective materials used (3) Product Liability Laws are based on (a) Warranty - injury based on breach of (b) Negligence - product design - materials used

27. Vehicle (c) Strict liability - selling products in defective condition • Registration of vehicles - state requires - two certificates: owner / registration a. Certificate of Ownership - vehicle’s “title” - lists vehicle information

28. Vehicle - make / model / year / VIN / etc. - lists owner: person / bank / company - title sent to legal owner (1) Washington state - application made - full / complete name of owner - address / description of vehicle (2) Certificate of license registration - who vehicle registered to

29. Vehicle (a) Some states list both: - J. Doe = registered owner - Bank of Am = legal owner (b) Legal owner not liable for acts of registered owner (3) Out-of-state registration - vehicle checked by state patrol - VIN: secret locations - check previous state registration

30. Vehicle (a) County Auditor’s Office - old registration - inspection by state patrol (b) Pay fees - get title / registration - title sent to legal owner b. Must also be licensed - assigned to specific vehicle - cross-referenced to VIN

31. Vehicle - assigned permanently (personalized) - lost / stolen: new plate / registration “It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefore as by this chapter provided. Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted

32. Vehicle thereof must be punished by a fine of not less than . . . , no part of which may be suspended or deferred.” RCW 46:16:100 c. Selling your vehicle - 15 days to submit title (1) Sign on title to release ownership - fill out release of title form - submit to Auditor’s Office - new owner must transfer title

33. Vehicle (2) Cannot sell / transfer if under 18 - military / emancipation - owned before 08/11/1969 - misdemeanor (3) Cannot make false statements - claiming stolen - felony (4) Issuing false documents - felony

34. Vehicle • Driver’s license - required to operate motor vehicles a. Washington law “No person may drive a motor vehicle upon a highway in this state without first obtaining a valid driver’s license issued to Washington state residents under this chapter.” RCW 46.20.001

35. Vehicle (1) No Valid Operator’s License - never had a license - license expired (a) $250 penalty (2) Immediate possession - displayed on demand (a) New residents - obtain within 30 days

36. Vehicle - written / driving test (b) Instruction permit - 15 ½ years of age - 15 and enrolled in traffic safety education program (c) Possess instruction permit - licensed driver - with 5 years experience - valid up to one year

37. Vehicle (3) Why a driver’s license? - insure ability to drive - understand what is required - “due care and caution” - “reasonable person standard” (a) Not a right to drive - it is a privilege b. Rules of the road - must obey all traffic laws

38. Vehicle - traffic infraction - criminal traffic (1) Must you stop at accidents? - not in Washington state - unless involved (RCW 46.52) (2) “Good Samaritan Laws” - protect those who stop - render aid - good intentions / knowledge

39. Vehicle (3) Citations issued - do show negligence - “vicarious liability” (a) Employers: responsible for employees (b) Parents: responsible for child (c) Owner: responsible for loaning vehicle to friend / etc.

40. Vehicle (d) Owner driving - responsible for passengers c. Driving Under the Influence (DUI) - RCW 46.61.502 (1) Observation - DUI indicators - driving patterns (a) Follow for period of time

41. Vehicle (b) Stop vehicle in safe location (2) Field sobriety test - what officer looks for (a) Odor of alcohol - approaching vehicle - driver’s breath (b) Facial features - watery / red eyes

42. Vehicle (c) Open containers - plain sight / hidden (d) Driver’s actions - slurred speech - unable to retrieve license - exiting vehicle (e) Street test - balance - finger to nose

43. Vehicle - stigmata (3) Breath-Alcohol Content (BAC) - 0.08% - check mouth / wait 15 minutes - allow to blow - burp / cough - 3 chances • Repossessed vehicles - contract: “secure transactions”

44. Vehicle - security is vehicle - payment guaranteed or secured by the collateral a. Debtor defaults - “breach of contract” - fails to abide by agreement - fail to make required payments (1) Creditor: right to repossess - sue: award property/restitution

45. Vehicle - may also confiscate vehicle - must notify local police (2) Cannot “breach the peace” - enter house / garage / business - can tow from in front of house - from parking lot - driveway in some states (a) Most repossessions - occur on street / in lot

46. Vehicle b. Vehicle purchased / paid for - used for collateral - viable contract - still repossess vehicle (1) Creditor can resell - proceeds distributed as follows: (a) Reasonable expenses - towing / storage / selling - attorney costs

47. Vehicle (b) Pay off balance of debt - owed to bank / credit union (c) Pay other creditors - liens on vehicle - security for other loan (d) Surplus - given to debtor (2) Unpaid balance

48. Vehicle - creditor owed $10,000 - sold for $7,500 - legal action for unpaid balance (3) “Right of redemption” - pay off loan balance - lump sum / continue payments • Driving a motor vehicle - a privilege / not a right

49. Vehicle - regulated by the state a. Written / driving test - “due care and caution” - “ordinary and prudent person” (1) Traffic infraction / criminal traffic - suspended / revoked (a) Suspended - certain period of time

50. Vehicle (b) Revoked - permanently lose license - number / type of violations (2) Insurance - required - “proof of” (a) Parents sign for license - minor children - financial responsibility