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Motor Vehicle Legal Terms
The laws that govern motor vehicles differ widely from one state to the next. In general, the laws assume that the vehicle was operated with the consent of the owner.
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Legal Definitions
State laws govern the legal definitions of motor vehicles. The various federal definitions used in connection with national requirements for fuel efficiency and licensing requirements for commercial vehicle drivers serve mainly for administrative purposes and are not applicable to states that decide their own registration classifications. These vehicle registration classifications determine whether a motorist must be issued a special license to operate certain types of vehicles.
The laws of the state define terms such as "automobile," "light trucks" and other terms. As an example, a light truck is any vehicle with a capacity of carrying less than 7,500 pounds. This excludes panel delivery vehicles and pickup trucks. This includes any vehicle or combination of vehicles that is designed to transport people or property within its own structure. This includes manufactured homes and trailers.
A wheel chair conveyance is a vehicle with wheels, used primarily by people who, due to physical disability cannot walk around as pedestrians. A moped is an automobile with at most three wheels on the ground and that travels at an maximum speed of 35 miles per hour.
A pedal-driven vehicle, is driven by a driver sitting on top of it. The owner of a vehicle is the person who holds the legal title.
Traffic Laws
Each state has its own set motor vehicle laws that cover everything from the registration procedure to insurance requirements. The laws also deal with the types of vehicles that are protected by law. Some of these laws are similar across states, but other laws differ significantly. There are laws that limit the number of passengers that can be carried in a pedicab. There are laws that prohibit reckless driving on certain types of roads, such as parking lots.
If you are in violation of these laws, you can be punished and fined. The penalties could vary from getting your driver's license revoked or being required to attend traffic school.
One of the most important laws in a state pertaining to automobiles is that it governs the speed limits placed on roads. In New York, for example it stipulates that the speed limit for commercial vehicle is identical to that of an automobile.
It also defines the term "motor vehicle" as any vehicle or any other device that moves mechanically and used on roads to move people or property, or for other commercial reasons. The law does not include trailers, coaches and semitrailers, all terrain and snowmobile vehicles and motorized mobility assist devices that are operated by people with disabilities and self-propelled corn, as well as hay harvesting machines.
Insurance
A motor vehicle insurance policy is a contract that protects the insurer against financial losses due to liability for bodily injury, death, or property damage caused by a third party arising from maintaining, operating, or use of an insured vehicle. It may also protect against physical damage to the vehicle. It must include the name and address of the named insured as well as the protection provided by the policy. It also contains the premium charged as well as the time period during the period that the policy is in force, as well as the maximum amount of responsibility. It must also contain an agreement or endorsement stating that the insurance is in accordance with coverage specific to bodily injury, death or property damage.
The language of a motor vehicle insurance policy can be confusing for the average person, and Duncanville law firms will often suggest that individuals read the sample policy to comprehend the terms. One of the most frequently encountered confusions is the definition of "motor vehicle". This phrase is used in numerous statutes that govern the registration of vehicles and financial accountability laws.
Some examples of coverage under a motor vehicle policy include commercial auto insurance for vehicles used for commercial establishments, business activities, employment or occupations that are conducted for profit; automobile liability insurance that includes MP and PIP; and uninsured motorist and underinsured motorist coverage (UM/UIM). This kind of insurance is required in many states.
Permissive Use
It is essential to know how insurance coverage works when someone other than the named insured or a family member is driving your car and causes an accident. This concept is referred to as permissive usage and the specifics of your policy might differ however, in general, most major car insurance companies provide this kind of coverage.
However, it is important to note that a person driving your vehicle must have your permission for you to be held responsible for any damages. Permission can be expressed or implied and does not typically require writing.
To determine if there is implied consent, courts will consider the relationship between the parties, their past conduct and use of the vehicle and the circumstances surrounding a particular driving event. A court will also consider the extent to which restrictions were imposed on the permissive usage and if a minor deviation from the time, place and use limitations of the permission would violate these restrictions.
Be aware that adding another driver to your car insurance is likely to cause your premium to go up, since it makes the car more risky to insure. It is important to weigh your options before lending your vehicle to other people. If you're unsure whether you should add someone to your policy or not, get in touch with Jerry to discuss the specifics of your insurance policy. You can also get an estimate for free.
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