Vehicle Tracking Laws

Real-time vehicle GPS Trackers have different laws that vary from state to state. Each state has a different law, so it is important to check with a lawyer to make sure that placement of the GPS won’t have any legal issues.

General laws

  • It is generally legal to use a GPS Tracker if you or the organization own the vehicle that is being tracked, or if you are the owner of the asset.
  • It is also usually legal if you are tracking your child that is under the age of 18.
  • Usually, it is legal to track a car or asset for legal repossession in the event of a loan or default.
  • It is usually illegal to use a tracking device if you are not the owner of the vehicle or if you are tracking a boyfriend or girlfriend in their own car.

Laws in the state of Florida

The state of Florida has tracking laws that can be different from other states.

Florida established a new statute that makes it illegal for somebody to place a tracking device unless you are the owner of the vehicle.

The exception to this law is a parent who is the sole guardian of a child, or if both parents consent to place a tracking device to monitor their child.

Another exception to this law is a person with a disability. This can include an Alzheimer’s patient or somebody suffering from dementia.

Using a GPS Tracker illegally in Florida is a second-degree misdemeanor. This can lead to an excessive fine or up to six months of jail time.

It is very important to verify your state laws prior to placing the tracking device. Each state has unique laws so even though it may be completely legal in one state, it can potentially lead to jail time in another state.

The general rule of thumb is that if the vehicle is in completely in your name, you should be permitted to place a GPS Tracking device to monitor the vehicle. However, if you are placing the GPS Tracker on somebody else vehicle, it is most likely illegal and can result in a fine or possibly even jail time.

Again, these laws are state specific so it is very important to consult a lawyer prior to purchasing a tracking device. The laws are also constantly changing in every specific state in the U.S., and it is important to check your state laws before purchasing and activating any GPS Tracker.

Why Is a Driving Licence Check and Validation Important?

If you run a fleet management company, you will have drivers who work for your company. In this case, it is the employers responsibility to make sure that their employees hold a valid UK driving licence. A Driving licence validation can help protect employers from having to pay unnecessary penalties.

The status of a driving licence may change many times for a number of reasons. In some cases a driver may not even know about the status change. After the first validation of a licence has been done, the next validation is automatically scheduled. However, the frequency of this licence checking process is usually based on a driver’s risk profile. If the licence gets disqualified during the validation process, then the employer will be notified immediately.

Third-party licence checking services conduct the driving licence validation process using the Access to Driver Data (ADD) service. ADD gives real-time driving licence information through a business-to-business interface. ADD includes all the necessary information needed such as driver’s name, date of birth, address, and other driving details such as entitlement, disqualifications, and penalties. ADD provides 24/7 real-time driving licence data. ADD gives you a quick response with accurate licence/driver information. If there is no information available, it returns a simple response saying driver’s information is not available.

What Is Driver and Vehicle Information Solution (Davis)?

Davis is an expanded brand, which includes some additional information about the driver and vehicle. It is a cloud-based solution, which enables customers to add or remove various optional modules. It mainly covers four areas: the vehicle, its driver, Policies/Guidelines and driver/vehicle related services. The modular structure of Davis allows customers to utilize either a single service or a mixture of several services. This mix-and-match approach is highly beneficial to a business in that it allows them to add or remove modules when they want. Davis helps organizations to meet the regulations needed to avoid them receiving any unnecessary penalties.

Significance of the Licence Card Data Reader

Another service provided by a third-party licence checking service is a Card Reader (CDR). It captures all the licence/driver data in a single pass. Both sides can be read simultaneously. It just requires the software to be installed on a local PC to drive the reader. Using CDR, forged data can be detected easily. CDR is very user-friendly, and requires minimal training. Once the data is read, it is directly uploaded into the software. The CDR helps to speed the process up as it can read large amount of data in a short time.

Benefits of Driving Licence Checking and Validation

Driving licence validation can offer a lot of advantages to your company, some of them are listed below:

  1. Helps identify misinterpreted information and reduce the risk of forged documentation.
  2. Saves you time, because e-consent is valid for three years.
  3. Using the card data reader can validate international licences.
  4. Companies can avoid potential penalties.
  5. Business owners can have peace of mind. They can be confident about their employees driving licence and insurance information.
  6. Improves travel/road safety for everyone, including company, customer, and the driver.

 

Driving Safety Near a School or School Bus

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.

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!

How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are a few practical tips that can help you in your defense in the lawsuit:

– Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.

– Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don’t waste your time delaying the case. It is best to make it go away the minute it’s presented to you.

– Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.

– Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.

As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

Who’s Liable for Injuries Sustained in Public Transportation Accidents?

Public transportation is a wonderful asset for thousands of Americans all across the country. Buses, trains, subways, limousines, metros, taxi cabs, and more are just a few examples of the variety we have to choose from when it comes to public transport. As customers and clients, we generally trust that these choices are safe and reliable; but sometimes unexpected accidents happen.

If someone is injured while using public transportation, who is at-fault for their damages? There can be several outcomes when determining who is liable for accidents such as these. Continue reading to understand all the possible parties that might be liable, under law, for injuries sustained to public transient customers.

Public Transportation Traffic Accidents

When it comes to public transportation, buses are one of the most popular. Tickets are inexpensive, and some buses are complementary to individuals in the community. School buses are also widely used for public school transportation. With the rising popularity of public buses, more and more are on the roads every day. As a result, the number of bus accidents continue to increase each year. According to the National Highway Traffic Safety Administration (NHTSA), more than 300 bus accidents happen every year, all of which resulting in fatalities.

Bus crashes, and other public transport cases, are complicated to litigate. Determining the at-fault party is a bus crash can be tricky because it may be more than one, or none at all. It requires the professional litigation skills and trial experience of a licensed car accident attorney to effectively pursue a bus accident injury lawsuit or claim. If you or someone you loved has recently been injured in a public transportation accident, like buses or taxis, contact a local personal injury lawyer to learn your rights.

Possible At-Fault Parties:

  • The Driver
  • Management Company
  • Other Negligent Vehicles
  • Government Entities (If Public)
  • Equipment Manufacturers
  • City Traffic Management (If Defective Light or Sign)

Common Causes:

  • Drunk Driving
  • Driving Under the Influence of Drugs
  • Defective Stop Light or Traffic Sign
  • Hazardous Weather Conditions
  • Reckless or Careless Driving
  • Poor Equipment Maintenance
  • Treacherous Roads
  • Defective Equipment
  • Obstruction of Views
  • Other Negligent Vehicles on the Road

Traffic accidents, public or not, can happen very suddenly, and usually result in serious injuries and damages to innocent bystanders and drivers. If a person is injured using public transportation as a result of another carelessness or negligence, they are entitled to legal compensation for their pain, suffering, lost wages, medical bills, and more. 

Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA – Deferred Action for Childhood Arrivals going to be the straw that breaks the camel’s back in academia? It very well might be. Let’s talk.

There was an interesting piece on NPR worth listening to titled: “California State University Chancellor Raises Concerns About End Of DACA,” part of the ‘All Things Considered’ venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:

“Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we’re actually deeply disappointed in the president’s action and are working strongly with, now, our congressional members to create legislation to reverse this.”

Personally, I bet it is much higher than that, I bet it’s at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don’t pay back the student loans its FREE here too, for them only as all the citizen college students can’t get out of their student loans ever, or those on Student VISAs have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program – who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; “it’s not their fault, their parents brought them here at a young age, and this is the only country they know.” Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is “unsustainable” anyway, but this may accelerate the time to drive off that cliff.

It’s too bad academia got hijacked by leftist political forces, now it’s time that the pendulum swings back to some sense of normalcy. Maybe it’s going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

Ways to Overcome Copyright Problems

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

Are Your Circumstances Suitable for a Collaborative Divorce?

You may be suitable for a collaborative divorce if you seek:

  1. A dignified approach to handling your divorce
  2. A fair and non-aggressive resolution of issues based on the best interests of the family, not the individual
  3. Guidance, support and advice on legal issues without the threat of fighting in court.
  4. A chance to work through emotions and avoid misunderstandings to arrive at sound decisions
  5. To avoid the cost and emotional strain of court proceedings
  6. To keep your dispute and terms of your settlement confidential

How do I kick start the process?Contact a collaborative divorce lawyer. You must choose a lawyer trained in collaborative family law for the process to be effective. An experienced lawyer knows about the required documentation that can make process hassle free.

What happens when we reach agreement?

After you reach agreement, your lawyer can prepare divorce papers that the court is likely to approve.

What happens if the process breaks down?

You may explore other options such as mediation to avoid from going to court. However, if you do take your case to court, your collaborative lawyer cannot act on your behalf in court proceedings as they have signed an undertaking not to litigate.

What is the difference between the collaborative divorce process and court litigation?

Collaborative divorce is a voluntary process that gives divorcing parties control over the process, including the timetable. On the other hand, the litigation process is controlled by the judge and determined by court dates, and parties must comply with the court’s orders. Divorce Lawyers will facilitate direct negotiations between parties in collaborative divorce, working towards a common goal that is in the best interests of both parties and the family, and parties will be encouraged to consider short- and long-term impacts of their decisions. In litigation, both parties and lawyers are pitted against each other, and parties will bargain based on their own needs and rights. They will not be actively asked to think about the short- and long-term effects of their choices.

As can be seen, collaborative divorce allows the parties, instead of the judge, to make the final decisions. Due to this, however, there is no guaranteed settlement in collaborative divorce. If parties cannot reach a final decision, they will need to proceed with litigation. The process of collaborative divorce is confidential, but if parties enter into litigation, the records of Court proceedings will be publicly available.

What Is Tort Law Exactly?

Have you ever done something that was against the rules? Well, torts are something like that; but much more serious. Torts are civil wrong-doings; immoral behaviors and actions against civilians. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party.

Torts that result in serious injury or death can be punishable by imprisonment; however, the objective of tort law is to acquire compensation for damages incurred by victims and families of victims. In addition, and equally important, intent is to prevent similar wrongdoings from occurring in the future. In fact, victims of tort can take legal action for an injunction in order to inhibit further torturous conduct of the opposing party.

Explaining Torts and Tort Law

Victims of tort can pursue fair compensation for damages incurred as a result of the offence. Exemplary damages include everything from pain and suffering to loss of companionship, and much more; such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, products, and much more.

Categories of Tort

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of tort include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of deliberate inflictions of emotional or physical trauma.

Every type of tort can be grouped into three separate categories of tort law; these categories are Intentional Torts, Negligent Torts, and Strict Liability Torts. Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort. Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice, legal malpractice, and slip and fall accidents. Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person; such as liability for making and selling defective products that are hazardous.

If you are a victim of tort, or was recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the State’s statutes of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.