What is the 3rd Brake Light Law in Texas?
The Texas state requirements for third brake lights, as noted in the Texas state requirements for vehicle third brake lights.
§ 547.32. Stop Lamps and Other Signal Lamps.
(a) A motor vehicle, trailer, semitrailer, pole trailer, mobile home trailer, truck trailer, or passenger car, except a motorcycle, shall be equipped with at least one stop lamp or two stop lamps which may be incorporated with other rear lamps or other equipment. Except as provided by Subsections (b) and (c), a stop lamp shall comply with Section 547.323.
(b) A passenger car, truck, truck-tractor, road tractor, or bus manufactured or assembled after September 1, 2009, and registered for operation in this state must be equipped with at least one high mount stop lamp. A high mount stop lamp:
(1) must be mounted on the centerline or as far left or as far right of the centerline of the vehicle as possible; and
(2) must be:
(A) a light-emitting diode assembly;
(B) a filament bulb assembly that emits only red light and is illuminated only when the:
(i) headlamps or parking lamps are on; and
(ii) service or foot brake is activated; or
(C) a light-emitting diode assembly or filament bulb assembly that is otherwise federally approved.
(c) If a passenger car , truck, truck-tractor, road tractor, or bus is manufactured or assembled before September 1, 2009, the vehicle need not be equipped with a high mount stop lamp to be considered lawfully equipped for the purposes of this section. However, the vehicle must display one tail lamp which, at all times during lighting conditions from sunset to sunrise, emits a red light visible from a distance of 1,000 feet to the rear of the vehicle as required by Section 547.331.
(d) The department shall maintain a public database of each vehicle make and model offered for retail sale in this state that is manufactured or assembled after September 1, 2009, and that is equipped with a high mount stop lamp under Section 547.321(10) and the federal regulations adopted by reference under Subsection (d). The department may enter into an interagency agreement with the Texas Department of Insurance, Division of Workers’ Compensation, relating to the operation of the database. A person may check the database online, by telephone, or in person.
Introduction to Balisongs
Balisong knives originated in the Philippines and are said to have been named after the Balisong river in Batangas. However, the first actual written account of them is from France in 1905. For the next 70 years, they were a well-kept secret, commonly used by regional knife enthusiasts and flipsider performers. As their popularity grew, American soldiers and Marines began to bring them home after serving overseas.
Called "Butterfly Knives," for the appearance of the handles ‘flying back’ and forward when flipped, these knives utilize a simple yet effective principle: two handles rotate on either end of the blade, which is sandwiched in between. While these knives can be made from many different materials and styles, a classic example contains a wavy-edged stainless steel blade, highly polished hardwood handles, and a pin or latch to hold the blade in the ‘open’ position.
Of these features, the most important ones to note are the latch and the pins. While the pin can be used to hold the knife closed (or shut) when not in use, some knives do not come with them, preferring instead to use only a latch.
This change is important because, while clipped knives are considered fully-functioning, ones without a pin are under controversy. The first landmark case to define a Balisong without a pinned blade as fully-functioning was Kessler v. State, an Oklahoma case decided in July of 1993. There, the court stated:
"Under this definition, the distinguishing characteristic of an ordinary folding knife (or one that is folded), including one less than six inches long, is that the writing edge of the blade is closed inside the handle so that it is not exposed to a person’s hand when the knife is held for use, while that of a butterfly knife is exposed to the person’s hand even when the knife is closed . Thus, we find a butterfly knife to be a knife not in common use."
While the court in Kessler reasoned correctly that a Balisong does not share "the defining characteristic" of a folding knife "when the blade is closed," New Jersey and California differ.
In the California case People v. Beal, the court stated that a Balisong considered a ‘switchblade’ under the state’s laws. Since switchblades are illegal, it followed that the one in question was considered a deadly weapon and the defendant’s actions qualified for enhanced sentencing under Penal Code 12022(b). However, in California, a Balisong has been defined as a folding knife if it is unique; that is, it has a single-edged blade measuring less than 2 inches long, open length of less than 3 inches, and a handle width of 3/8 inch or less.
In the Virginia Supreme Court case, simultaneous opinions were reached. In the case of Perry v. Commonwealth, the majority stated that the Balisong in question was a deadly weapon, relying heavily on Kessler. However, Justice Kinser dissented, stating that the Balisong flipknife is merely a folding knife and cannot be compared to a switchblade. He also gave a persuasive argument for the definition of switchblade in other states, and examined how Virginia was the only state in the country to consider a Balisong a switchblade. Thus, while some states can classify these knives as folding knives, it is up to the prosecutor in each case to decide whether it will be classified as illegal.
What is a Breach of Lease?
While it will come as no surprise to anyone, it is probably important to remind ourselves of what actions or inactions by a tenant or a landlord actually constitute a breach of a lease contract. These are the actions that lead you to the courthouse in the first place.
First of all, the tenant’s nonpayment of rent is the most common contractual breach that leads landlords to court. As described in the previous section, the tenant is clearly required to pay rent and if the tenant fails to pay rent as agreed, it’s a breach that will lead to a lawsuit . Note, however, that there are legal ramifications if you bring an eviction lawsuit against a tenant that is not behind in rent. That is because you cannot force a tenant to give up rights that they don’t have, even if some would say you can enforce rules that go beyond what the tenant agreed to in the first place. Second, if a tenant breaches or violates any of the other terms of the lease, you can bring an eviction lawsuit. For example, if the lease requires the tenant to maintain the property in good condition, their failure to do so can, and should, lead the landlord to bring an eviction lawsuit.
Determining What Counts as Wrongful Termination in Ohio
In Ohio, wrongful termination refers to employment situations where an individual is fired or laid off in violation of legal rights. However, the applicability of this term is rare. A majority of employment positions in Ohio fall under the West Virginia "at will" law. This means that an employer can terminate an employee for any reason at any time, as long as a specific exception does not apply. Exceptions to the "at will" rule include the following:
Title VII of the Civil Rights Act of 1964 – This protects discrimination in employment because of race, religion, sex, or national origin.
Equal Pay Act of 1963 – This prohibits unequal pay based on gender for equal work within the same establishment.
Age Discrimination in Employment Act of 1967 – This prohibits employment discrimination based on age of those 40 years or older.
American Disabilities Act of 1990 – This prohibits discrimination based on disability.
Ohio Revised Code Section 4112.02 – This protects employment discrimination because of race, color, religion, sex, military status, age, national origin, handicap, ancestry, familial status, or association with a person or group with one or more of these actual or perceived characteristics.
Ohio Fair Employment Practices Act – This requires employers to adopt written policies prohibiting harassment or violence in the workplace.
Ohio Workers Compensation Retaliation Laws – This prohibits an employer from terminating, suspending, threatening, or reducing the pay of an employee who files a claim for injury or occupational disease .
The Ohio Whistleblower Protection Law – This protects public and private sector employees from retaliatory discharge for reporting a violation or suspected violation of the law to the employer or an authority responsible for investigating or prosecuting violations of the law.
Immigration and Nationality Act – This prohibits employment discrimination based on citizenship status, national origin, or immigration status.
Title VI of the Civil Rights Act of 1964 – This prohibits the exclusion of individuals from participation in federally funded programs and activities because of race, color, or national origin.
National Labor Relations Act of 1935 – This protects employees’ rights to organize and engage in collective bargaining.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) – This prohibits discrimination against members of uniformed services.
Ohio Statutory Law – This prohibits other specific employer conduct with respect to unreasonable termination of employees.
Each of these exceptions is a statute-based "protected class" of individuals that cannot be terminated by an employer. Sometimes, wrongful termination can be proven by showing violations of other legal rights or duties. Because the list of protected classes is limited under the "at will" rule, some employees are associated with the violation of employee rights that are not within protected classes under the statutes. In those cases, termination may be considered wrongful in violation of other employee rights, such as sexual harassment, enforcement of an employment contract, a covenant not to compete, breach of contract, or reputational damage.
What constitutes a Termination Provision?
As defined in the Ontario Employment Standards Act, a termination clause is: "Part of a contract of employment that governs the rights and obligations of the employer and employee if the employer dismisses the employee without cause or if the employee terminates the employment relationship." Essentially, a termination clause governs what will happen to the employment agreement in the event of its termination, whether it be by the employer or the employee . Its purpose is victim avoidance: if the terms of the termination clause are sufficiently clear, the employer will be in a position to avoid further litigation and any associated damages. In other words, well-drafted termination clauses go a long way towards ensuring that the legal battle over how an employment relationship ends is mostly averted. This is beneficial for both employers and employees.
Emancipation: What Does It Mean?
Understanding Michigan Emancipation Laws: A Comprehensive Guide
Generally, emancipation is a legal term that means that the minor is freed from the control of their parents, it does not mean the parents are relieved of financial obligations toward the minor. A minor can be emancipated in three ways in Michigan: 1. By order of the court; 2. 90 days after military enlistment or marriage; 3. Operation of law after turning 18 years old in Michigan . An emancipated minor is considered a legal adult for certain purposes only and does not necessarily mean that they are legally considered an adult for all purposes. For example, an emancipated minor may be able to get a marriage license without parental permission, but cannot file a lawsuit in civil court without permission of the court. Although rare, an emancipated minor may still obtain a court order securing the minor rights given to them by law as a minor, because they have not yet reached statutory age as defined by Michigan law.
Contractor Liability Explained
The complexity of contractor liability requires a thorough understanding of the fine line between civil and criminal liability. While civil liability tends to encompass negligence and harm suffered by third parties, criminal liability involves culpability and a defendant’s intentions. An innocent mistake is generally not enough for a criminal prosecution.
The most common crimes associated with contractor liability include fraud, negligence, criminal violation of government contracting laws , larceny and obstruction of justice. In this country — as with many areas of law — the meaning of criminal liability is somewhat elastic. What is criminal liability in one jurisdiction may not be considered a crime elsewhere. The goal of this article is not to provide a definitive analysis of the law of criminal liability but to present an overview of those areas of contractor liability that most frequently result in criminal prosecutions.
What is a Colorado Party Wall Agreement?
A party wall agreement is a legally binding agreement between two or more buildings that are on adjoining lands. A party wall has been jointly built by two adjacent homeowners. A party wall agreement is important if an owner sells their property but then attempts to reconstruct a fence or wall by using the adjoining owner’s land.
A party wall agreement sets out any easements for support or access via the party wall along with any rights for a wall or fence. These may be temporary or permanent. A party wall agreement will also set out the obligations to repair that are between the owners , both past and future. A party wall agreement sits above the tort of negligent encroachment and does not allow the aggrieved party to sue for damages if there is any damage due to the Party Wall Agreement. Negligence can still be claimed at the discretion of the court.
A party wall agreement can provide certainty for the neighbors as it sets out the works that may be carried out on the party wall. An example of a building work that may require a party wall agreement includes works that affect a party wall (to the boundary) which both homes share. For instance, if the foundations of one home are strengthened, a party wall agreement would be required.
Other examples of where a party wall agreement would be required include where one owner may want to underpin the wall or make a fence higher but do not know where the neighboring owner’s property ends and the party wall begins.
Introduction To Lane Filtering
Motorcyclists often adopt the practice of riding their motorcycles while, at the same time, monitoring the position and movement of all the other vehicles on the road. When riding in heavy or slowly moving traffic, many motorcycle riders will at times desire to filter between the vehicles to avoid keeping their feet on the pavement and/or they may wish to generally advance their position further in front of the vehicles ahead of them. The practice of filtering involves an advanced form of lane splitting. Lane splitting is a practice that some motorcyclists will elect to engage in while they are traveling in traffic to give them additional acceleration room to help them merge and change lanes more safely. Simply put, lane filtering is defined as "riding a motorcycle legally between lines of stopped or slow moving cars when traveling in congested traffic." Lane filtering allows motorcyclists to move their motorcycles in between lanes of stopped vehicles or slow-moving traffic in order to get to the front of the group of vehicles in about the same manner as a motorist driving a standard passenger car or pickup truck might do to reach an exit sign . Riders may do this, for example, if there is significant traffic ahead that is not advancing easily (or at risk of being rear-ended) and they have a motorcycle with a headwind that makes it less responsive to speed adjustments and/or personal comfort issues. In metropolitan areas, motorcyclists may also elect to engage in lane filtering when they are using rush hour express lanes that require a toll and, where they are legally allowed to do so, to enter the express lanes ahead of other drivers. The practice of lane filtering combined with the closely related practice of lane splitting offer several overall benefits to the public as well as motor vehicle operators, including motorcyclists. One such benefit includes reducing the total travel time for a motorcyclist on a congested highway; this, in turn, reduces the risk of their rear tire spinning and causing them to lose their balance and fall off their motorcycle, resulting in a serious injury. While motorcyclists may be able to safely filter between the lanes of a stopped or partly stopped vehicle in traffic, there are certain motorcyclists who refuse to do so altogether because they do not feel comfortable doing so, their motorcycle may not be powerful enough to filter into a position ahead of the stopped vehicles in front of them, and/or they may simply prefer to follow behind the other vehicles ahead of them and slow down.
ATVs on Road: Where They Are Street Legal
In the United States, the legality of driving an all-terrain vehicle (ATV) on public roads varies significantly between states and municipalities. Generally, a vehicle must meet certain criteria to be considered "street legal," such as having turn signals, brake lights, and a speedometer, in addition to passing an inspection. However, the definition of what constitutes a street-legal vehicle can differ. It is important to note that even within states that allow ATVs on the road, there are often restrictions on where these vehicles can be driven and on their use in certain weather conditions.
The distinction in regulations may seem confusing, but it is largely attributable to the power that states and localities have to regulate their own transportation laws under the Tenth Amendment of the U . S. Constitution. This means that within the framework of federal motor vehicle standards, each state has the authority to set its own rules for what types of vehicles can use its roadways. Moreover, states also grant municipalities the power to enact their own regulations that can further restrict or expand the use of ATVs and other off-road vehicles on their roads.
The best approach is to check with your state’s Department or Board of Motor Vehicles to determine the specific requirements. It is also crucial to verify if local ordinances are more restrictive than state laws before taking your ATV out on any road; otherwise, you may end up with an expensive fine.