Lemon Laws For Used Cars: A Truncated Guide To Knowing Regulations

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So, you've just purchased a car. It could be used or it might be new, but it's not working properly and you can't get around in it. The following article is designed to help you understand some aspects of the lemon laws for used cars. These types of laws work for you most if you have concerns within the first two years of you owning your car, and if you've driven it for less than 18,000 miles.

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They were initially drawn up to cover customers who have purchased new cars directly from dealerships. Since then these regulations have been amended to include used cars as well as new ones. Also, many state laws have been implemented to help figure out if a used car is a 'lemon', these state laws have different regulations than laws set forth by the US Government. There is also federal law called the Magnuson-Moss Warranty Act, but it can be very limited in scope and in compensation given to victims. Remember, if the dealership implies there is a warranty, every single one of the regulations with this warranty need to be heeded by the dealership. These terms require returning the buyer's money, replacing faulty parts, and also performing repairs. A majority of states have written more complex lemon laws, so it's crucial to investigate these if getting an inoperable car is a concern for you.

When buying a car from a dealership the car's window must feature a posting of this warranty alongside the buyers' guide. This warranty section needs to include the remaining portion of the warranty, or if the car is already out of warranty, then it has to state it is being purchased at the customer's own risk. Don't forget that lemon laws for used cars do not work if you are purchasing a car from an individual person instead of a dealership. These cars are always sold 'as is'. If you can't track down a specific regulation for used cars that satisfies your individual circumstances, there are additional laws which may still protect you. In these types of cases you might want to contact an attorney who specializes in lemon laws to guide you.

These kinds of legislation are made to protect the customer and by knowing your rights you will be in a better situation than you were before. Don't be afraid to make the claim with the car dealership and manufacturer as they all have tactics to keep you from doing so. You deserve the car you thought you were buying and one that runs is not asking for a lot.

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Lemon Laws For Used Cars: A Truncated Guide To Knowing Regulations

Review of Personnel Files by Truck Drivers - FMCSA Regulations

Florida Dmv - Review of Personnel Files by Truck Drivers - FMCSA Regulations

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Determining whether a truck driver has the right to review his/her personnel file depends on the circumstances.  Under FMCSA regulations, a driver has the right to review investigation information provided to a prospective employer by a previous employer under 49 CFR 391.23.  Also, some states have enacted laws that provide employees with the right to review their personnel files while other states have not.

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49 CFR 391.23 provides a driver the right to review and challenge documents provided by a previous employer to a prospective employer during the prospective employer's investigation into the driver's prior employment during the application process.  For drivers who have had DOT regulated employment for the preceding three years, a prospective employer must notify the driver that the driver has the following rights:

(i) The right to review information received by previous employers;

(ii) The right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to the prospective employer;

(iii) The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information.  (49 CFR 391.23(i)(1)).

A driver must submit a written request to the prospective employer requesting the driver be permitted to review the investigative file provided by the previous employer.  This written request may be submitted at the time of application or within thirty (30) days after hire or notification of denial of employment by the prospective employer.  (49 CFR 391.23(i)(2)).  When a written request is submitted, the prospective employer must provide the requested information within five (5) days of receiving the written request from the driver.  However, if the requested information was not yet received by the prospective employer at the time of the written request, the prospective employer must provide the information within five (5) days of its receipt of the requested information from the previous employer.

If a driver believes that any of the investigative information provided is incorrect, he/she may 1) submit a request to the previous employer that the previous employer correct the information and/or 2) submit a rebuttal to be maintained as part of the safety performance information (following the procedures laid out in Sec.386.12.).  In determining whether or not an employee has a right to view his/her personnel file, one must also look to state law.  Several states have enacted statutes providing employees with the right to review their personnel file.  For instance, Pennsylvania has enacted the Personnel Files Act (43 P.S. §1321, et. seq.).  Pennsylvania's Personnel Files Act provides both private and public employees the right to inspect their personnel files.

The Personnel Files Act does provide some limitations to an employee's review of the records.  An employer may require an employee submit a written request for inspection in order to aid the employer in determining what documents are relevant to the employee's request for inspection. Also, the employer does not need to permit the employee to copy the file and a representative of the employer may be present during the inspection.  Although, an employee will not be permitted to make copies of the file documents, he/she may take notes.

Under the Act, "employee" does not refer to terminated employees.  However, case law does suggest that if a terminated employee requested to see his/her personnel file contemporaneously with the termination or within a reasonable time after being terminated they may be entitled to see the file. Therefore, even though an employee may have the right to inspect a personnel file the same does not necessarily hold true for a terminated employee.  However, a terminated driver may have access to the investigative information provided to a prospective employer pursuant to 49 CFR 391.23 by a previous employer.

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