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Federal Agencies

ATA 'Perplexed' by DOT Deal on Hours of Service Rule American Trucking Associations is "extremely perplexed" by the Department of Transportation's decision to reopen its truck driver hours of service rulemaking.

Congress

FMCSA Administrator Anne Ferro Welcome aboard Anne Ferro as the fourth-ever administrator of trucking’s chief U.S. regulator, the Federal Motor Carrier Safety Administration.

State Legislation

HB 09-1081 CONCERNING AN INCREASE IN THE LENGTH OF THE STATUTE OF LIMITATIONS
FOR VEHICULAR HOMICIDE.

State Agencies

Connecticut Trucking Owner Sentenced 6 Years! Hartford judge sentences trucking owner after dump truck kills 4 and injures 11 people.


Decisions & Opinions

Donaldson Co. v. Burroughs Diesel, Inc. In a product liability action based on defective truck engines, the district court's order compelling arbitration is reversed where defendant was a nonparty to the arbitration agreement and Mississippi law did not permit defendant to enforce the agreement on a theory of equitable estoppel.

Jury Verdicts

Estate of Simonton v. L&L Enterprises, Inc. A hunter was strangled to death when the treestand and safety harness he was using failed and caused him to fall. Verdict: $157,000,000 for plaintiff

Other News

FBI Tracks Highway Serial Killings

Obesity Linked to Dangerous Sleep Apnea in Truck Drivers

 



 McElfish Law Newsletter
State Agencies
State Legislation

 

 

ALABAMA

ALASKA

ARIZONA

HB 2330 AMENDING SECTION 41-2083, ARIZONA REVISED STATUTES; RELATING TO BIODIESEL FUEL DISPENSERS.

ARKANSAS

CALIFORNIA

SB 98 An act to amend Section 10110.1 of, to add Sections 10113.3 and 10113.35 to, and to repeal and add Sections 10113.1 and 10113.2 of, the Insurance Code, relating to life insurance

SB 3 An act to amend Sections 4658.5 and 4658.6 of, and to add Section 4658.7 to, the Labor Code, relating to workers' compensation.

SB 186 An act to amend, repeal, and add Section 4600 of the Labor Code, relating to workers' compensation.

SB 119 An act to amend Section 678.3 of the Insurance Code, relating to professional liability insurance.

SB 145 An act to amend Sections 3600 and 4663 of the Labor Code, relating to workers' compensation

COLORADO

HB 09-1027 CONCERNING THE DUTY OF DRIVERS TO YIELD THE RIGHT-OF-WAY TO
TRANSIT BUSES ENTERING TRAFFIC

HB 09-1081 CONCERNING AN INCREASE IN THE LENGTH OF THE STATUTE OF LIMITATIONS
FOR VEHICULAR HOMICIDE.

CONNECTICUT

DELAWARE

SB 133 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND WEIGHTS LIMITS.

SB 130 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND BRAKES.

SB 56 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HEAVY VEHICLE REGISTRATION, AND TO CREATE A TASK FORCE TO REVIEW THE EXISTING DELAWARE HEAVY VEHICLE WEIGHT LAW TO DETERMINE THE FEASIBILITY OF ITS IMPLEMENTATION.

HB 255 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE

HB 170 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION

HB 152 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

SCR 10 OBSERVING THE MONTH OF MAY, 2009 AS BOTH DRIVER SAFETY MONTH AND HEALTHY VISION MONTH IN THE STATE OF DELAWARE, AND URGING DELAWAREANS TO MAINTAIN THEIR EYE HEALTH AND THEIR DRIVING SKILLS TO ENSURE SAFE DRIVING.

DISTRICT OF COLUMBIA

FLORIDA

HB 257 Motor Vehicle Safety

HB 1 Safety Belt Law Enforcement

SB 12-A State Judicial System

GEORGIA

HB 308 A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies

HB 397 A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 22 A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to require the use of safety belts in all passenger vehicles, including pickup trucks; to require the use of safety belts by occupants in the rear seats of a passenger vehicle; to repeal conflicting laws; and for other purposes.

HB 656 Religious organizations; qualify as a self-insurer; provisions

HAWAII

HB 1017 Amends Hawaii's Constitution so that in criminal cases, juries and fact finders can learn of prior convictions involving dishonesty of testifying defendants, to the same extent as with any other testifying witness in a criminal case.

HB 1037 HD 2 Government Tort Liability

HB 1039 Makes permanent the limitation of liability for public entities based on the duty to warn of dangers on public lands

HB 1120 Addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing limits for attorney contingent fees, and requiring that economic damages be allocated based upon proportionate percentage of negligence.

HB 1158 Highway; Safety; Distracted Driving; Motor Vehicle

IDAHO

HB 340 Adds to and repeals existing law relating to the State Insurance Fund and provides that public corporations may insure against certain liability with the State Insurance Fund or certain licensed insurance carriers

SB 1135 WORKER'S COMPENSATION

HB 9 MOTOR FUELS TAX - BIODIESEL MOTOR FUEL

HB 153 MOTOR VEHICLES - WEIGHTS - SANITATION TRUCKS

ILLINOIS

INDIANA

IOWA

SF 419 Relating to matters under the purview of the department of transportation

KANSAS

SB 295 AN ACT concerning blind and visually impaired persons; establishing the
motor vehicle and safe mobility committee; powers and duties thereof.

SB 126 House Sub. for SB 126 would enact the Controlled Insurance Programs Act, an act that would create requirements
for programs of liability insurance coverage that are established by an owner or contractor who contractually requires
participation by contractors or subcontractors who are engaged in work required by a construction contract, and authorize the Insurance Commissioner to adopt rules and regulations required under the Act

HB 2152 AN ACT relating to motor vehicles; concerning the regulation thereof

SB 293 Would increase the size requirements for a motor vehicle to be classified as an “all-terrain vehicle” in these ways

SB 260 As amended, would enact new law to provide that anyone who, at the time of an auto accident, has not
maintained personal injury protection benefits coverage as mandated by current law (the Kansas Automobile Injury
Reparations Act) would be prohibited from having a cause of action for the recovery of non-economic loss sustained as a
result of the accident. This provision would not apply to any person who, at the time of the accident, failed to maintain
coverage for a period of thirty days or less and had maintained continuous coverage for at least one year prior to such failure to maintain coverage

HB 2130 As amended, would amend state law to require every occupant of a passenger vehicle to wear a safety belt and
to allow a law enforcement officer to stop a vehicle for violations of safety belt requirements by anyone in the front seat and by anyone under age 18.

HB 2132 AN ACT regulating traffic; prohibiting the sending, reading or writing of text messages while operating a motor vehicle; amending K.S.A. 2008 Supp. 8-2118 and repealing the existing section.

SB 300 AN ACT regulating traffic; concerning permits for oversize or overweight vehicles; fees; amending K.S.A. 2008 Supp. 8-1911 and repealing the existing section.

KENTUCKY

HB 21 Amend KRS 186.010 to define "low-speed electric vehicle" and amend the definition of "motor vehicle" to include a low-speed electric vehicle; amend definition of "motorcycle" to exclude vehicles that are 3-wheeled and meet all the requirements of a low-speed electric vehicle; create a new section of KRS Chapter 189 to allow the use of low-speed electric vehicles on highways with a posted speed limit of 35 miles per hour or less; require low-speed electric vehicles operated on a highway to be insured in compliance with KRS 304.39-080, titled in accordance with Chapter 186A, and registered as a motor vehicle in accordance with KRS 186.050(3)(a); permit low-speed electric vehicles to cross a roadway with a posted speed limit of more than 35 miles per hour if the intersection is equipped with an electric traffic signal.

SB 47 AN ACT relating to the transportation of agricultural crop products and livestock.

HB 412 AN ACT relating to consumer protection. Create a new section of KRS Chapter 367 relating to consumer protection to prohibit business solicitation within thirty days following accidents, provide exception, and establish penalty

HB 167 AN ACT relating to workers' compensation subrogation. Amend KRS 342.700 to add medical expenses to subrogation recovery and limit subrogation recovery to damages minus legal fees attributable to benefits which duplicate workers' compensation benefits.

HB 381 An act relating to insurance and medical expenses

HB 2 AN ACT relating to the operation of vehicles on a highway

LOUISIANA

HB 55 Prohibits installation of car amplification systems on the exterior of a vehicle chassis

HB 146 Prohibits the use of a cellular telephone or electronic communications device while driving

HB 254 Authorizes the use of automated traffic photo enforcement systems

HB 813 Increases the minimum required automobile insurance for taxi cabs

HB 846 Permits for movement of oversized vehicles or loads

SB 250 Prohibits certain trucks from using the far left lane on highways with three or more lanes of traffic moving in the same direction, except under certain circumstances. (1/1/10)

MAINE

HP 152, LD 187 An Act To Require a Test for Operating Under the Influence for a Driver Involved in an Accident That Caused Bodily Injury

HP 684, LD 992 An Act To Increase Highway Safety by Requiring Daytime Headlight Use

HP 907, LD 1304 An Act Regarding First-party Automobile and Casualty Insurance

MARYLAND

SB 250 VEHICLE LAWS – TRAFFIC CONTROL SIGNALS – MOTORCYCLES NOT DETECTED BY VEHICLE SENSORS

HB 1441 VICTIMS’ RIGHTS – FATAL VEHICULAR ACCIDENT – SUSPENSION OF LICENSE

MASSACHUSETTS

HB 955 Relative to optional exclusions under personal liability insurance policies

SB 487 For legislation banning the use of certain socio-economic factors for insurance underwriting and rating of motor vehicle liability insurance

MICHIGAN

HB 4138 Insurance; no-fault; requirement for all motorcyclists to purchase unlimited PIP coverage when choosing to ride helmetless; provide for. Amends secs. 2111, 3103, 3114 & 3177 of 1956 PA 218 (MCL 500.2111 et seq.)

HB 4244 Insurance; insurers; remedies for failure to timely pay benefits; expand to include attorney fee under certain circumstances. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2090.

SB 448 Traffic control; violations; weight restrictions during frost restriction periods; provide exemption for septage waste haulers. Amends sec. 722 of 1949 PA 300 (MCL 257.722).

MINNESOTA

HF 1739 No-fault auto insurance policies modified, first-party benefits increased, arbitration awards regulated, balance billing by health care providers prohibited, accident record information regulated, and civil liability in recovery of health care expenses clarified.

HF 267 Motor vehicle restraint required for child passengers under the age of eight and shorter than four feet nine inches, and seat belt requirements modified accordingly.

MISSISSIPPI

MISSOURI

HB 1151 Requires all automobile liability insurance policies to include uninsured and underinsured motorist coverage equal to the coverage under the insured's primary policy for bodily injury and death

HB 1173 Product Liability Claims

MONTANA

NEBRASKA

NEVADA

SB 138 Establishes the means by which a self-insurer of motor vehicles may provide proof of the ability to pay judgments obtained against him.

SB 309 Prohibits a person operating a motor vehicle from using a telephonic device to write, send or read a text-based communication while the motor vehicle is in motion or stopped at certain intersections

NEW HAMPSHIRE

HB 34 This bill prohibits writing a text message and using 2 hands to type on or operate an electronic or telecommunications device while driving

NEW JERSEY

SB 2974 Establishes minimum reimbursement amounts for medical transportation services under Medicaid.

NEW MEXICO

HB 81 RELATING TO MOTOR VEHICLES; PLACING SPEED RESTRICTIONS ON VEHICLES DURING NIGHTTIME HOURS

HB 202 RELATING TO MOTOR VEHICLES; AMENDING AND REPEALING SECTIONS OF THE OFF-HIGHWAY MOTOR VEHICLE ACT TO PROVIDE FOR OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON HIGHWAYS

NEW YORK

SB 1517 An act to amend the insurance law, in relation to collision or comprehensive coverage on motor vehicles

SB 2880 An act to amend the vehicle and traffic law, in relation to approaching a parked, stopped or standing hazard vehicle on the shoulder of a highway

SB 6301 An act to amend the highway law, in relation to the installation of certain speed bumps

NORTH CAROLINA

HB 9 AN ACT TO MAKE IT UNLAWFUL TO USE A MOBILE TELEPHONE FOR E-MAIL OR TEXT MESSAGING WHILE OPERATING A VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA.

HB 880 AN ACT TO RESTRICT THE OVERALL LENGTH OF A SINGLE VEHICLE WITH TWO 3 OR MORE AXLES TO FORTY FEET, TO RESTRICT THE OVERALL LENGTH OF 4 VEHICLES TRANSPORTING POLES FOR EMERGENCY REPAIR TO FIFTY-THREE 5 FEET, AND TO MAKE CERTAIN FARM VEHICLES BE SELF-PROPELLED

HB 82 AN ACT to increase mandatory liability insurance requirements for certain motor vehicles and to make conforming changes to the general statutes

HB 1226 AN ACT to CLARIFY AND REFORM THE STATUTES OF LIMITATION AND REPOSE IN PRODUCT LIABILITY ACTIONS

NORTH DAKOTA

OHIO

OKLAHOMA

OREGON

HB 3376 Relating to emissions

HB 2562 Relating to vehicle size limits; amending ORS 818.100; and declaring an emergency.

PENNSYLVANIA

HB 2041 Providing for standards for towing and for violations

HB 515 AmendingTitle 42 (Judiciary and Judicial procedure) of the Pennsylvania Consolidated Statutes, providing for liability rules applicable to product sellers and manufacturers

HB 1956 AmendingTitle 42 (Judiciary and Judicial procedure) of the Pennsylvania Consolidated Statutes, extensively revising the Uniform Arbitration Act; and making editorial changes

RHODE ISLAND

SOUTH CAROLINA

HB 3678 TO AMEND SECTION 56-5-4140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE GROSS WEIGHTS OF VEHICLES THAT MAY BE OPERATED ALONG THE STATE'S HIGHWAYS, SO AS TO MAKE A TECHNICAL CHANGE

S 350 A BILL RELATING TO REFORM OF THE SOUTH CAROLINA CIVIL JUSTICE SYSTEM, BY PROVIDING FOR THE SOUTH CAROLINA FAIRNESS IN CIVIL JUSTICE ACT, TO AMEND CHAPTER 32 OF TITLE 15 OF THE 1976 CODE, RELATING TO DAMAGES IN PERSONAL INJURY ACTIONS

SOUTH DAKOTA

HB 1220 An Act to  provide an affirmative defense regarding a violation involving an unchanging traffic-control device.

HB 1214 An Act to  remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

HB 1222 An Act to  allow a winter load increase of certain motor vehicle weight restrictions

SB 98 An Act to  increase the minimum amount required for reporting damage to a motor vehicle

TENNESSEE

SB 450 and HB 1613 Highways, Roads and Bridges - As introduced, establishes presumptions of proximate cause of death, injury, or damage for certain motor vehicle accidents occurring within a construction zone; establishes immunity from claims for personal injury, property damage, or death arising from certain department of transportation projects. - Amends TCA Title 8, Chapter 42; Title 12, Chapter 4; Title 29 and Title 54.

HB 289 and SB 76 Tort Liability and Reform - As introduced, replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1.

HB 179 and SB 591 Attorneys at Law - As introduced, increases from two years to five years time period in which the supreme court may revoke a license procured by fraud

HB 1564 and SB 487 Workers Compensation - As introduced, authorizes workers' compensation penalties to be abated and then voided after one year if employer obtains and maintains workers' compensation coverage. - Amends TCA Title 50, Chapter 6, Part 4.

TEXAS

HB 2733 Relating to recovery under uninsured and underinsured motorist insurance coverage.

HB 4455 Relating to prompt payment of insurance claims.

UTAH

HB 24 This bill modifies the Motor Vehicles Code by amending provisions relating to a vehicle operator's responsibilities for certain traffic accidents

HB 127  This bill allows a presumptive personal representative to present and resolve a claim for applicable benefits payable under personal injury protection coverage resulting from the death of an insured.

SB 15 This bill modifies provisions concerning funding related to workers' compensation and workplace safety programs through the workers' compensation premium assessments.

VERMONT

HB 261 An act relating to expired automotive insurance

HB 361 AN ACT RELATING TO THE ESTABLISHMENT OF A DANGEROUS DRIVING COMPLAINT DATABASE

SB 5 AN ACT RELATING TO ACCIDENTS INVOLVING AN ON-DUTY LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL PERSONNEL

VIRGINIA

HB 2431 and SB 879 A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to underinsured motorist insurance coverage

WASHINGTON

HB 1433 Addressing liability for damages to state property resulting from the illegal operation of a vehicle.

WEST VIRGINIA

WISCONSIN

WYOMING

 

 


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