• Consumers,  Motor Vehicles

    CARFAX Should Publicize This One

    Image via Wikipedia CARFAX, a company that provides vehicle histories for automobiles (largely to used car buyers before the purchase) already runs some pretty clever ads on TV, so they don’t need any advice from me. But they might want to publicize this: Does the Motor Vehicle Information and Cost Savings Act (“the Odometer Act” or “the Act”), 49 U.S.C. §§ 32701-32711, and its implementing regulations, 49 C.F.R. pt. 580, allow a private right of action where the fraud relates to something other than the vehicle’s mileage—in this case, its accident history? *** [W]e conclude that the private right of action under the Odometer Act is limited to allegations of…

  • California Court of Appeal,  Motor Vehicles

    Helmetless Motorcyclist Equals Broken Taillight . . . Sort of

    I remember my motorcycling days fondly, and riding without a helmet was one of the greatest sensations of physical freedom I ever felt. Right up there with skydiving — maybe better. But I also think I was crazy to ride without a helmet. (I still think the skydiving made perfect sense.) Richard Quigley probably doesn’t think I was crazy.  He was cited nine times for riding his motorcycle without a helmet and contended that law enforcement officers were required to issue him “fix-it” tickets instead of regular citations because his lack of a helmet was an “infraction involving equipment” that required such treatment.  In Department of the California Highway Patrol…