NEW TRAFFIC LAWS GO INTO EFFECT ON SEPTEMBER 1, 2009

Starting on September 1, 2009, several new laws that have been placed on the books will go into effect. Some of the new laws target driving safety. As responsible citizens, we should all become familiar with these new laws...not only to be safe, but to avoid violation of the laws. Some of the new laws that have been passed by Texas law makers include:

Seatbelts:
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle. SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.

Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call. HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.) HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident. SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.

Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order. HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.) HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.

Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers. HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21. SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)

SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100. HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended. HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.

Crime:
HB 558 allows minors to be charged with public intoxication. HB 2386 allows courts to immediately seal juvenile criminal records if the juvenile successfully completes a drug court program, or another special program ordered by the court. HB 1282 makes it a Class B misdemeanor to steal a driver license, commercial driver license or personal identification. SB 554 makes it illegal to own or possess dog-fighting equipment and establishes that such equipment and property where dogs are found to be engaged in dog fighting is contraband and is subject to forfeiture. The law also makes dog-fighting subject to the elevated penalties authorized in the Texas Penal Code, Section 71.02(a), in an effort to deter organized criminal activity. HB 1813 makes it a third-degree felony to tamper with forensic, medical, chemical, toxicological and ballistic reports, as well as reports of certification, inspection or maintenance of instruments used to examine or test physical evidence. (Currently, someone who does this can only be charged with a state jail felony.) HB 358 allows law enforcement authorities to store only a small part of gambling machines that have been seized, instead of storing the whole machine. They would be able to remove and store just the computer chips in gambling machines, which are the core of the machines and contain the information necessary for prosecutions to go forward.

Registered sex offenders:
SB 689 restricts Internet usage by certain registered sex offenders, and requires registered sex offenders to provide information about their e-mail addresses when they register.

Motorcycles etc.:
Senate Bill 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program. Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. As of Sept. 1, the minimum amount is removed. The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Vehicle inspection:
SB 589 requires that a vehicle equipment safety compliance label be placed on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could lead to a $1,000 fine.

Miscellaneous:

HB 2730 increases the fine for a parking violation at the state Capitol from $10 to $25, and increases the late fee from $2 to $5. SB 1188 authorizes a Texas resident to buy firearms, ammunition or firearms accessories in any other state, not just those contiguous to Texas, to reflect updated federal statutes.

The Stewart Law Firm is an Austin, Texas based firm handling cases throughout Central Texas, South Texas, East Texas, North Texas, and the United States. We are proud to have a nationwide practice. Cases handled by The Stewart Law Firm include those involving catastrophic personal injury, wrongful death, and defective products. The Stewart Law Firm can be reached, toll-free, by calling (877) 326-0411. Learn more about The Stewart Law Firm by visiting our website at: www.thestewartlawfirm.net. The Stewart Law Firm is steadfast in the pursuant of justice for victims. Call for a free consultation today.

SCHOOL ZONE SAFETY

Today marks the first day of school for many Texas youngsters. Motorist should take time to be become familiar with school zones that they travel in. Motor vehicles and small children pedestrians can make for a dangerous combination. It is incumbent upon motorists to use all due care when operating their motor vehicle where children are present. Motorists should slow down and observe all traffic laws and speed limits. Motorists should be mindful of school buses, watching for bus movement, flashing lights, and loading and unloading children. Children often do not think about safety. Watch for children who may not be paying attention and those that might dart into the street. The secret for safety is SLOW SPEED…that is why we have reduced school zone speed limits. In addition, school zones and cell phones do not mix. Using any cell phone or other hand-held communication device in a school zone is an accident waiting to happen. Texas lawmakers recently passed a new law, which will begin on September 1, 2009, that actually bans cell phone use in school zones. If the school zone has proper signage banning cell phone use, the fines for a violation of this new law can be substantial. The safe course of action is to put your cell phone down at any time you are operating a motor vehicle…this is especially true if you are in a school zone.

The Stewart Law Firm, P.L.L.C. is an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights and keeping proper checks and balances in place to assure that corporations, wrong-doers, and dangerous products do not injure or harm innocent people. The Stewart Law Firm, P.L.L.C. handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

If you or someone you love has suffered a personal injury caused by the negligent acts of someone else, call The Stewart Law Firm. We can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: www.thestewartlawfirm.net.

TEEN DRIVER SAFETY

The statistics associated with fatal and catastrophic personal injuries with teens operating motor vehicles is staggering. The thought of your teenager behind the wheel can be a scary thought…and it should be. According to the Institute for Highway Safety, teenagers are ten (10) times more likely to get involved in a motor vehicle crash than drivers between the ages of thirty (30) and fifty-nine (59). Before parents allow a teenager access to any motor vehicle, safe driving tips should be considered. Teen driver safety tips that should be considered include:

Know Traffic Laws: Even though a teen driver may have passed a driving course and obtained his or her license, driving laws should be reviewed and re-reviewed often, particularly for a young driver. Keep a copy of the relevant driver’s handbook available for review and reference. Ask your teenager specific questions about various traffic laws. Provide your teenager hypothetical situations that they might face on the roadway.

Practice, Practice, Practice: Let your teenager drive with you. If it is raining and the roadway is wet, give the keys to your teen driver. Let them experience firsthand driving in inclement weather. As a passenger, you will be able to provide input for your teen driver and allow your teen to develop good driving habits.

Limit Nighttime Driving: Statistics show that nighttime is a dangerous time for teens to be driving. 42% of teen deaths occur in motor vehicle crashes on Friday, Saturday, and Sunday nights. Restricting nighttime driving can keep your child safe.

No Cell Phone Use: Cellular phone use and texting while driving is a crash waiting to happen. Strict rules should prohibit any cellular phone or other handheld device use while operating a motor vehicle. Studies now show that cell phone use and/or texting while driving is just as dangerous as drinking and driving. 100% focus should be on the roadway. If your teenage driver has a handheld communication device, it should be turned off while they are operating a motor vehicle.

Restrict the Number of Passengers in the Car: Teen driving crash rates increase by 50% with just one (1) teen passenger in the car…and by 400% with three (3) or more teen passengers. Parents should limit the number of passengers in their teen’s motor vehicle. This rule limits the amount of distractions in the vehicle…allowing the teen driver to focus on road safety.

Seatbelts and Speeding: Young drivers should be reminded to always wear their seatbelts. In addition, young drivers should also be reminded to not speed. Remind your young driver in a loving manner…but do it often. Make it a habit for them.

Parent/Teen Driving Agreement: It is a good idea for parents and teens to enter into a formal contract regarding vehicle use and driving protocols. Both the parent and the teen sign the agreement. Such agreements are good in that it puts certain rules in writing, in the form of a contract. The terms of the contract apply at all times. Parents and teens can agree on items such as: vehicle operation hours, seatbelt rules, the number of passengers allowed in the vehicle, cellular phone use, drinking and driving, speed limitations, emergency plans, or other items. An agreement like this is a great idea in that it commits the young driver…in writing.

The Stewart Law Firm is committed to teen driving safety and crash avoidance. We see, all too often, the senseless deaths and catastrophic personal injuries that occur when young and inexperienced drivers are behind the wheel. Keep your young driver safe. Stay involved. Constantly monitor. If you would like a free Parent/Teen Driving Agreement, contact The Stewart Law Firm today.

The Stewart Law Firm an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights and keeping proper checks and balances in place to assure that corporations, wrong-doers, and dangerous products do not injure or harm innocent people. The Stewart Law Firm handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: www.thestewartlawfirm.net.

TEXAS TRUCK LAWYER

Every year, commercial trucking collisions cause senseless catastrophic personal injuries and wrongful death. According to the National Highway Safety Administration, there are in excess of 400,000 collisions involving commercial trucks each year in the United States. Unfortunately, these collisions result in thousands of fatality injuries to innocent victims. Due to the size and weight variance between large commercial trucks and passenger cars, the magnitude of injuries and damages are often substantial.

When truck collisions occur, it is not uncommon for trucking companies and their insurance companies to start collecting evidence at the collision scene in order to gain an early jump on anticipated claims by victims and their families. Steps should be taken to see that evidence is preserved at the very earliest of claim stages. The Stewart Law Firm has the experience, capabilities, and resources to handle all aspects of an 18-wheeler or commercial trucking case. Immediately upon being called in to handle a commercial trucking case, our dedicated staff and expert team begin work to assist victims. Our Truck Victim Rapid Response Program was created to assist victims by dispatching attorneys, staff, investigators, and experts out into the field in a matter of only a few hours. The specific items that our team focuses on include:

-Survey and reconstruction of the collision scene;

-Vehicle and commercial truck and trailer inspections;

-Hand-in-hand work with law enforcement to review and inspect all obtainable data;

-Assessment of: electronic control module data; truck owner and operator trip and load records; driver logs; driver employee files; owner and operator compliance with federal and state trucking regulations; driver qualifications and fitness to operate; onboard communications systems; employer hiring, training, and supervision practices; driver background records; and truck and equipment maintenance protocols.

Commercial trucking claims often require time, experience, and resources in order to obtain unprecedented results. The attorneys, staff, and dedicated team of cutting edge experts and consultants utilized by The Stewart Law Firm stand ready to assist you with every aspect of your commercial trucking case. The Stewart Law Firm remains steadfast in the pursuit of justice for victims injured by commercial truck operators. If you or a loved one has been injured by a commercial truck, contact The Stewart Law Firm at (877) 326-0411, toll-free. Visit our website at http://www.thestewartlawfirm.net/.