Monthly Archieves: Oktober 2022

Opening hours All scooters can be driven seven days a week from 6 a.m. to 11 p.m. Can scooters be driven on sidewalks? If the sidewalk is part of the street, the requirement also applies that the vehicle must be registered before it can be used on the sidewalk. The term road is generally defined as covering “the entire width between lines of ownership or right of way of any kind or place of any kind, where part of it is open for public use under the law for the purpose of transporting vehicles”. G.S. 20-4.01(13). Therefore, it is generally assumed that this area includes not only the roadway, but also the adjacent sidewalk. See State v. Mabe, 85 N.C. App. 500, 503, (1987) (“By analogy, courts have generally held that a “road” includes not only the roadway and the sections travelled, but also the sidewalks. Statement v. Perry, 230 N.C.

361, 53 p.E.2d 288 (1949) (Barnhill, J., approval). “The sidewalk is simply a part of the street that the city council has reserved for pedestrians.”) Charlotte continues to be a national leader in electric scooters. Learn about the successes of the e-scooter program and the impact it has had since its launch in Charlotte in 2018. The City of Raleigh is reintroducing a dockless electric scooter program in downtown Raleigh. Electric scooters offer cost-effective and convenient rides in the city center. Update. A few people have asked me to explain my conclusion that electric scooters are not mopeds. The term moped is used in G.S. 20-4.01 (27) j defines a vehicle, other than a motorized bicycle or an electrically assisted bicycle, that has two or three wheels, no external gearshift device, an engine that does not exceed 50 cubic centimetres of piston displacement and cannot drive the vehicle at a speed of more than 30 miles per hour on a flat surface. The engine can be powered by electricity, an alternative fuel, fuel or a combination of any.

While an electric scooter meets each of these legal criteria, I am skeptical that the legislature had electric scooters in mind when he wrote this definition. The term “moped,” which precedes the definition, is a term in everyday language that is generally understood to refer to a means of transportation that resembles a motorcycle or motorized bicycle, as it has a seat seat, handlebars, and tires. The inclusion of the exception for motorized bicycles in the legal definition implicitly recognizes this similarity in appearance. I think the discrepancy between the general understanding of the word “moped” and the broadest possible interpretation of its legal definition justifies looking beyond the plain language of the law to focus on the intent of the legislature. See, for example, Staat v. Beck, 359 N.C. 611, 614 (2005) (“[here, a literal interpretation of the language of a law leads to absurd results or violates the obvious objective of the legislature, as expressed elsewhere, the reason and purpose of the law will prevail and the strict letter of the law will be ignored.”) (internal citations omitted). What about driver`s licence requirements? For political reasons, Bird states that its scooters can only be driven by a person who is at least 18 years old and holds a driver`s license. First, corporate policy exceeds the requirements of North Carolina law.

A person must have a license to drive a motor vehicle on a road or highway in North Carolina. Electric scooters seem to meet the definition of “motor vehicle” because they are autonomous vehicles and not mopeds (which do not require a permit) or electrically assisted bicycles. So, if an electric scooter is driven on the road, its driver must hold a license. G.S. 20-7(a). However, there is no government legal requirement that a person must be 18 years of age to drive a motor vehicle. For these very reasons, in State v. Crow, 175 N.C. App. 119, 123-24 (2005), the Court of Appeal rejected the defendant`s argument that the motorized scooter he was driving was an electric personal mobility aid. The first exception applies to a device “designed as a means of transport for a person with reduced mobility or to improve mobility and intended to be used as a means of transport”.

Unlike motorized wheelchairs, standing electric scooters do not seem to be designed for people with reduced mobility. With regard to the use of the device “to improve mobility”, the Court of Appeal rejected the idea that a person without mobility restriction, who drives a motorized scooter for recreational purposes, uses the device to improve mobility within the meaning of G.S. 20-4.01 (49). See State v. Crow, 175 N.C. App. 199, 123-24 (2005). Instead, the Court interpreted “improved mobility” as “closely related” to the concept of “motor impairment” and rejected the argument that the addition of that concept (in a law on technical corrections) had significantly extended the exception for mobility impairments to the concept of vehicle. At the Transportation and Transit Committee meeting on June 25, 2020, staff provided an overview of the survey results and suggested “next steps” to drive the growth and adoption of micromobility in Raleigh. As a result of these discussions, the Committee invited staff to develop a regulation to revise the current definition of motor scooters, provide a new definition of micromobility equipment, and give the City Manager or his representative the authority to develop guidelines for the operation of micromobility equipment and to enter into agreements with micromobility service providers. Council adopted this ordinance to facilitate and facilitate the management of micromobility at the Municipal Council meeting on August 18, 2020. What type of transport is a Bird Roller? Electric scooters are vehicles under North Carolina law.

See G.S. 20-4.01(49) (definition of “vehicle”). These are devices that allow a person to be transported on a highway and are not moved exclusively by human force or used exclusively on fixed rails or tracks. And they don`t seem to meet any of the exceptions to this general definition. Electric scooters cannot be used on downtown sidewalks. If you`re in Uptown, people will have to drive down the area street, which is bordered by Church Street, Stonewall Street, College Street and 7th Street. A contrary interpretation is of course possible. Beyond the broad definition in G.S. 20-4.01 (27) j, one could refer to the wording of the Department of Transport`s recommendations that led to the registration and insurance requirements for mopeds and scooters. However, I don`t think the DOT has thought more about electric scooters than the legislature. Why is this important if Bird Rollers are vehicles? Vehicles intended for use on roads or motorways must first be registered with DMV.

See G.S. 20-50 (a). Several types of vehicles are exempt from this requirement, including agricultural tractors, motorized wheelchairs and electric personal mobility aids. See G.S. 20-51. But none of these exceptions seem to apply to electric scooters. If electric scooters are vehicles and are not exempt from registration requirements, they must be registered to operate legally on North Carolina roads. RALEIGH — North Carolina lawmakers have taken a small first step toward regulating electric scooters as cities struggle to manage scooters and the companies that offer them to the public. The popularity of electric scooters has skyrocketed. It is more important than ever to ensure that we are safe. The definition of moped was amended in 2016 to provide that the engine may run on electricity, alternative fuel and/or fuel and was recoded in Chapter 20.

The specific reference to electric motors could be cited as evidence that electric scooters are part of this definition.

If you deny the legitimacy of something in your collection file, you must notify the collector in writing. Simply calling the collector will not stop collection activities. Can I be charged an additional fee? To determine if the collection service provider is authorized to pay additional charges on your debts, see your original contract. If you have agreed to pay “collection fees”, the collection agency may add reasonable fees such as attorneys` fees, court fees or credit reports. If the agency cashes a bad check, it can add collection and attorney fees as permitted by state law. Your lawyer should be able to tell you how much the agency can legally charge you. You are also entitled to an explanation from the collection agency as to how much they charge you and why. You should ask them by letter to explain this to you in writing. Yes. Negative information – such as outstanding debts – can usually remain on your credit report for up to seven years.

Your credit card debt, car loans, medical bills, student loans, mortgages and other household debts are covered by the FDCPA. Corporate debts are not. You can also request that a debt collection agency not call you at your workplace. Send the same type of letter as described above and ask the collection agency not to contact you at work. By law, the collection service provider must comply with it. Debt collection practices in Texas must comply with both the Texas Debt Collection Act and the federal Fair Debt Collection Practices Act. The Federal Trade Commission provides an excellent source of detailed information on its fair collection site; Most of the text on this page is presented here for your convenience. (FTC page in Spanish) If you owe a debt, act quickly – preferably before it is sent to a collection agency. Contact your creditor, explain your situation and try to create a payment plan. As a rule, creditors help you catch up. A tax collector can contact you personally, by mail, telephone, telegram or fax.

However, a debt collection agency cannot contact you at awkward times or places, such as before 8:00 a.m. or after 9:00 p.m., unless you consent. A debt collection agency is also not allowed to contact you at work if the tax collector knows that your employer disapproves of such contacts. A “limited content message” is a type of voicemail that a collection agency may leave with you that must contain certain information. Messages with limited content should include the following: Keep in mind that paying off an old debt may not remove it from your credit history. When you pay off the debt, some debt collectors will report it on your credit report to show that you have not paid the full amount. If you only question part of the invoice, the collection agency cannot continue to collect that part until it has verified it for you. Since you would still be responsible for the rest of the bill, you should make arrangements to pay the undisputed portion. If a debt collector threatens to take your home or seize your salary, you may be the victim of a collection scam. Submit a complaint to us immediately.

Violations of the Texas Debt Collection Act are subject to criminal and civil penalties. If you think you`ve been harassed or deceived, you can even seek injunctions and damages against debt collection agencies. Restrictions on Communications by Debt Collectors When Collecting a Debt The Fair Debt Collection Practices Act (FDCPA) is a federal law that imposes restrictions on what collection agencies can do when collecting certain types of debts. The federal Fairness in Credit Assessment Act regulates how debt collection is reported in credit reports. In addition, there are state laws that offer protection. A debt collector usually can`t discuss your debt with anyone other than you or your spouse. If a lawyer represents you and you have communicated it to the collector, the collection agency must contact the lawyer. A debt collector may contact other people to find out your address, personal phone number, and place of work, but usually can`t contact them more than once and not tell them you owe a debt. Debt collectors may call you or send you letters, emails, or text messages to collect a debt. A collector cannot contact you if you send a letter to the collection agency within 30 days of receiving written notice that you do not owe any money.

However, a debt collector may renew collection activities if you receive proof of debt, such as a copy of an invoice for the amount owed. Are you late in your invoices? Or have you been mistaken for someone else who is behind on their bills? If this is the case, you may receive phone calls asking you to pay a debt. While debt collection agencies are not prohibited from making reasonable attempts to collect legitimate debts or sue you, consumer protection laws prohibit misleading and unfair collection practices and protect you from harassment, abuse, and invasion of privacy. You may be asking these common questions about your situation. What happens if I want to challenge the guilt? If you are not liable for the debt, or if the debt has already been paid, send a written statement to the collection agency that you are refusing all or part of the debt. Since a debt collection agency is required to review the debt by providing information that responds to your request, you must provide the collection agency with sufficient information in your dispute resolution letter so that the company can investigate any contentious matter. If necessary, include copies of receipts, void checks, and other information to secure your claim. Be sure to include a statement that your letter is in no way intended to acknowledge that you owe this or any other amount of money.

If you receive the requested information or the response to your dispute from the collection agency, check that your own records match the information provided by the collection agency. Do I have to pay a debt that is considered prescribed? False information – Debt collection agencies cannot provide false or misleading information when collecting a claim. For example, debt collectors can`t: When a debt collector first contacts you or shortly thereafter, they are usually required to provide certain information about the debt. If the information is provided in writing or electronically, it is a notice of validation and usually contains information such as: Remember that it is advantageous for the creditor to avoid the intervention of a collection agency. However, if it appears that you cannot pay the debt within a reasonable period of time, the creditor can sell the debt to a collection agency for less than the face value of the debt. The creditor has no obligation to inform you that he is returning or selling your account to a collection agency. Once the debt collection agency is involved, they will try to collect the debt from you up to the full amount. Can I sue the collection service provider through a private lawyer? Yes. Under the FDCPA, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you can claim damages for the amount of losses you suffered as a result of the breach, plus an additional amount of up to $1,000.00.

You may also be able to recover court costs and attorneys` fees. Can a debt collection agency communicate with others about me or my debts? If you have a lawyer, the FDCPA prohibits a debt collector from contacting anyone other than your lawyer. If you don`t have a lawyer, the debt collection agency can contact other people, but only to find out where you live or work. However, the tax collector cannot tell these or other people (including your employer) that you owe money. When communicating with a person other than the person who owes the debt, the collection agent must provide his or her own name, but may not provide the name of the collection agency unless specifically requested. If a debt is prescribed, a debt collector can no longer sue you to collect it. In fact, it is illegal for a debt collector to sue you for not paying a prescribed debt. If you are sued for a prescribed debt, tell the judge that the statute of limitations has expired. The debt usually doesn`t go away, but debt collectors have a limited amount of time to sue you to collect a debt.

This period is called a “statute of limitations” and usually begins when you miss a payment for a debt. After the expiry of the limitation period, your unpaid debt is considered “time-barred”. If a debt collection action is brought against you, you must respond by the date indicated in court documents. And you can respond in person or through your lawyer. This will protect your rights. Don`t ignore the trial. For more information, read what to do if a debt collector sues you. Creditors do not want to use a debt collection agency.

But if it looks like you`re not paying, they will. The creditor will sell your debt to a collection agency for less than the face value, and the collection agency will then attempt to collect the entire debt from you. Who is a debt collector? Under the Federal Act on Fair Debt Collection Practices (FDCPA), a debt collection agency is any person who regularly collects debts from others. These include lawyers who collect debts, as well as debt collection agencies and other companies that collect debts for other companies. The FDCPA does not apply to a creditor who collects his own overdue accounts. Here are five important things you need to know about the new collection rule. Is the process the same if I owe multiple debts? If the same collection agent attempts to collect multiple debts from you, the collection agency will need to make a separate notice for each debt. You must dispute each debt separately, and the collector must provide separate validation information for each debt.

The FDCPA does not cover corporate debt. It also usually does not cover recovery by the original creditor with whom you first contracted your debt. If the disputed item is incorrect. It must be corrected. The collection contractor must notify anyone who has already received a report with the wrong item.

These original spherical salutes were powerful enough to trigger a legitimate security issue. They were banned in the United States in 1966 by the Federal Child Safety Act of 1966. Historically, these globes and cherry bombs were made in half. One half was filled with powder and the other half was glued to it, and the entire globe was covered with cords covered with glue or sawdust. This left a space in the air that produced a stronger bang when the case cracked. [4] Another source [which one?] says that they were originally loaded with 5 to 10 times more explosive composition than in a standard one-and-a-half -inch (38 mm) paper fireworks display. After the passage of the Child Safety Act of 1966, all “consumer fireworks” (available to individuals), such as silver tube volleys, cherry bombs and M-80s, were banned, and from then on, no cherry bomb or salute could contain more than 50 milligrams of powder mixture, about 5% of the original quantity. The Cherry Bomb Act of 50 mg was passed in 1977. [5] Illegal explosives are easy to spot because they look somewhat primitive in appearance and do not contain any labelling or warning. Warnings are required on all fireworks products by federal law. If you become aware of someone who is selling or using these illegal explosives, please call the ATF hotline to report this illegal activity: 1-888-ATF-BOMB. A typical cherry bomb contains a core of explosive composition (for example, flash powder or, more rarely, black powder), which is usually encapsulated in two nested paper cups, usually of the type used to clog the ends of an M-80, which in turn is most often surrounded by a layer (about a quarter of an inch thick) of sawdust infused with a mild adhesive (usually sodium silicate).

An ignition fuse is inserted into a hole that is drilled into the hardened sawdust ball until the explosive composition is reached. The fuse extends outside the sphere about one to one and a half inches. Once the fuse is lit, it takes about three to four and a half seconds to reach the explosive composition and trigger an explosion of the fireworks. [2] Of all the different fireworks and fireworks that have been available over the centuries, only a few specific styles have become familiar names. The stuff of urban myths and legends, the M-80 and its somewhat less powerful cousin, the cherry bomb, are sometimes considered the gold standard for mainstream fireworks. However, both are illegal in the United States. But what`s in these powerful explosives that makes them so attractive? And why were they banned? Fireworks technology has come such a long way since World War II, and there are so many unusual models to choose from that it`s honestly ridiculous to take a risk on the black market or the homemade M-80. Not only are they very dangerous and illegal, but their effects also pale in comparison to what today`s safer fireworks can achieve. Choose from the wide range of legal fireworks in your jurisdiction and enjoy the wonders of modern technology.

For example, one of the standards applied by the CPSC is called the “Fuse Burn Time” standard. Fireworks fuses must burn for at least three (3) seconds and a maximum of nine (9) seconds. Imagine the recipe for disaster that comes when you have an illegal explosive such as an M-80 or Cherry Bomb with much more pyrotechnic charge than is legally allowed, coupled with a fuse that does not burn at least three (3) seconds. You may be faced with a situation that does not give you enough time to light illegal explosives and keep them away from you. Thus, people get their fingers blown out and suffer even worse injuries. The fireworks products you purchase from Phantom Fireworks have undergone rigorous testing to ensure they meet the manufacturing safety and performance standards® applied by the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Department of Transportation (DOT). If you change or modify the products in any way, you lose all that protection and then you are dealing with illegal explosives. Illegal explosives are not fireworks. They can hold a hundred times more pyrotechnic cargo than legal fireworks.

For example, a legal fireworks display, by definition and by federal law, cannot contain more than 50 milligrams of pyrotechnic composition. A full-dose aspirin usually contains 325 mg. Composition. In comparison, the pyrotechnic composition of a legal firecracker is actually less than one-sixth (1/6) the size of a full-dose aspirin. After World War II, surplus M-80s were sold as fireworks for consumers. When fireworks manufacturers realized the great demand, they began to produce them for the consumer market, wrapped in red paper and not monotonous brown. The M-80s fell into a category of fireworks known as salutes, with cherry bombs and similar objects, and were better known for their loud detonation and bright flash than for some visual effects. However, research shows that the consumer-grade M-80 typically contained 3 grams of flash powder, compared to 5 grams in military explosives.

The color of the exterior of salvation varies depending on the manufacturer and the period in which salvation was produced. In the early, late 1920s and 1930s, the globe`s greetings had brown, red, or striped, multicolored fuses, and their body color varied from brown and brown to silver and red, and some were even decorated with multicolored confetti. In the 1940s, however, the most common color of the spherical greetings that were marketed was a deep pink to red with a green fuse when the names cherry saltut and cherry bomb entered common use. [3] Fireworks are serious business, and homemade fireworks are not a joke, as all fireworks enthusiasts know. Illegal explosives are not safe; They have not been tested for compliance with federal standards and generally contain a dangerous amount of pyrotechnic composition. Illegal explosives have been prohibited by federal law since 1966. Laws against these dangerous devices are enforced by the United States. Bureau of Alcohol, Tobacco & Firearms (ATF), and mere possession of such items can result in prosecution with substantial fines and jail time for a conviction.

In addition to the criminal aspect of possessing such items, they are very dangerous, and you could expose yourself and those around you to serious damage if you use these items.

It is illegal to remove turtles without permission from private lands, state parks and historic sites, or wildlife management areas. In 1975, the U.S. government passed regulations with the stated goal of protecting sea turtle eggs, reducing environmental damage, and reducing health risks. In short, this law makes it illegal to sell turtles under 4 inches. This is the law. I was wondering if anyone knew the rules for catching, keeping and selling turtles in Georgia? I searched all over their DNR website, but couldn`t find anything at all. “The southeastern United States is home to a particularly high diversity of turtle species, which is among the highest in the world. And Georgia is home to 29 species of turtles, including five species of sea turtles,” Jensen said. Turtles have been my “jam” since I was 7 years old, that is, a very long time ago. We had more canned turtles in Marietta in 1975 – they had 5 crawling around the old Canton road after each rain. I know enough about turtles to have raised an endangered species in captivity. Geochelone denticulata They make wonderful pets, eat very well with regular low-protein dog food (little protein is the key or feed Mazuri Box Turtle Food (hello Amazon!) I would feel guilty about keeping a wild canned turtle as a pet, because in the middle of nowhere and away from the mowers, they have half a chance. The majority of Yard Box Turtles, however; In the end, they are gnawed with dogs, sheared in the lawn, starved to death for lack of snails, worms, berries and mushrooms, or beaten in the street.

*Please note that I am not a lawyer and this is not legal advice. The materials available on this website are for informational purposes only and not for legal advice. for scientific, educational or exhibition purposes, with the exception of use as pets. [emphasis added] If you want to be able to study sea turtles, you will need a service and/or a government permit. Any activity that exceeds the limits of state authority for an endangered species requires federal approval in addition to state approval. This chapter should be interpreted as allowing a person who breeds 10 turtles or less to participate in a commercial enterprise involving native fresh turtles. The Eastern Canned Turtle is not listed in Georgia at the federal or state level. However, since it is considered a turtle, the species is protected from collection and sale. Freshwater turtles native to Georgia, with the exception of species listed by the state, are not protected and can be harvested legally. According to Jensen, approval from Georgia`s Department of Natural Resources is required for those who want to own canned turtles for environmental education or scientific studies. Jensen added: “Although much more common in the past, this species is almost certainly experiencing a steady decline – associated with habitat loss – in many parts of the state.” 1.

There is no closing season for harvesting freshwater turtles2. The harvesting of turtles on private lands, state parks and historic sites or wildlife management areas is prohibited without being acquired in writing in accordance with the laws and regulations of that state. A permit is required if the turtles were caught in the wild. Is it illegal to sell turtles in Georgia? You can only legally sell turtles in Georgia if you have a license or permit. If you don`t have one, it`s illegal and punishable. There are 7 different species of sea turtles, and all of them are endangered or endangered. In all states, they are therefore protected by law. This means that you cannot own or market sea turtles, regardless of their species. A state or service permit is required to catch or remove sea turtles from the wild. Such authorisation may allow specimens to be stored in captivity and, if so, sea turtles may be moved to a detention facility by the authorised person in accordance with his or her authorisation. In addition to our eastern canned turtle, there are four other species of canned turtles that inhabit North America.

Under Georgian law, most native wildlife species cannot be conserved without a permit or license. These permits are not issued for the purpose of keeping native wildlife as pets. These restrictions apply to different animal species, regardless of their origin or morphology. Is it illegal to own turtles in Georgia? No, you can legally own a turtle in Georgia, it all depends on the species. There are some legally protected endangered species that are illegal to possess, but most common species are not endangered and you can own them as pets. It is illegal to sell or market endangered or endangered turtle species in any way. This information should cover the basics of what you need to know about sea turtle laws. If you want to get a permit to work with sea turtles, you should check out the Fish and Wildlife Government website, where you`ll find all the details you need to know: www.fws.gov. Note: The term “turtle” includes all animals commonly referred to as turtles, turtles and turtles.