An analysis was made of the legal feasibility of a proposed owner-liability countermeasure. Under this countermeasure, a vehicle owner could be held civilly liable for speeding and other minor moving traffic violations committed by a driver using the vehicle with permission. The approach underlying the owner-liability countermeasure is similar to that used to enforce parking regulations. Relevant constitutional provisions, legislation, and court decisions dealing with holding individuals responsible for the actions of others, were analyzed. Analysis of current law revealed that some forms of legislation imposing liability on owners of vehicles driven in violation of traffic laws likely would be upheld by courts as constitutional. To be upheld, however, owner-liability legislation could impose only small, civil penalties (similar to parking fines), but could not impose jail sentences, license suspensions, or violation points on owners. In addition, analysis of legislation in other areas of traffic law revealed that the proposed owner-liability countermeasure might encounter public opposition; if such opposition were to develop, it could influence legislative willingness to enact owner-liability legislature.


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    Titel :

    An Analysis of the Legal Feasibility of Imposing Owner Liability for Moving Traffic Violations


    Beteiligte:
    P. A. Ruschmann (Autor:in) / M. Greyson (Autor:in) / H. O. Carroll (Autor:in) / K. B. Joscelyn (Autor:in)

    Erscheinungsdatum :

    1979


    Format / Umfang :

    25 pages


    Medientyp :

    Report


    Format :

    Keine Angabe


    Sprache :

    Englisch




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