Congress modified emissions standards in the
1977 Clean Air Act Amendments (42 U.S.C.A.
§ 7401 et seq.) and in the Clean Air Act
Amendments of 1990 (Pub. L. No. 101-549, 104
Stat. 2 399 [42 U.S.C.A. § 7401 et seq. (1995)]).
The modified standards, as defined and moni-
tored by the
ENVIRONMENTAL PROTECTION AGENCY
(EPA), include d new re quirement s for st ates
with low air quality to implement inspection and
maintenance programs for all cars. These inspec-
tions were designed to ensure that vehicle emis-
sions s ystems were working properly. In 1992
the EPA implemented strict emissions testing
requirements for 18 states and 33 cities with
excessive levels of carbon monoxide and ozone.
California has been a leader in setting of air-
quality standards. In 1989 it announced new
guidelines that called for t he phasing out gas-
fueled cars in southern California by the year 2010.
Critics maintain that federal emissions
regulations have been too costly and that
regulators should focus on reducing the emis-
sions of more significant polluters, such as
power plants and factories.
Fuel Efficiency Standards In the 1975 Energy
Policy and Conservation Act (Pub. L. No. 94–
163, 89 Stat. 871 [codified as amended in
scattered sections of 12 U.S.C.A., 15 U.S.C.A.,
and 42 U.S.C.A.]), Congress created a set of
corporate average fuel economy (CAFE) stan-

and Security Act of 2007 (P.L. 110–140), which
mandates a CAFE of 35 mpg by 2020. Nearly
concurrently, the EPA denied a Clean Air Act
WAIVER for California to set its own proposed
vehicle emissions standards (even though they
would have required higher fuel efficiency than
the new law) because they were made moot by
the new energy law.
Import Quotas Faced with increasingly stiff
competition from Japan and Europe, U.S. car
manufacturers in the early 1980s pressed the
federal government to limit the number of
foreign cars imported into the United States.
The administration of President
RONALD REAGAN
responded by negotiating quotas, or limits, on
Japanese car imports from 1981 to 1985. The
Japanese voluntarily continued quotas on their
car exports through the late 1980s, and quotas
on picku p trucks from Japan remained in effect
through the mid-1990s.
Tort Lawand AutomobileManufacturing Courts
have established that manufacturers may be
held liable and sued for property damage and
personal suffering caused by the products
they have manufactured. Automobile manufac-
turers, like all manufacturers, are thus subject to
PRODUCT LIABILITY law. Anyone who suffers harm,
injury, or property damage from an improperly
made auto may sue for damages. Actions that

Cal. Rptr. 348 (1981), a California jury required
Ford Motor Company to pay $125 million in
PUNITIVE DAMAGES (later lowered to $3.5 million)
to a teenager who was severely burned in a fire
that resulted when his Ford Pinto was rear-ended
and the fuel tank exploded.
Automakers may also be held liable for
failure to warn of a product’s dangerous
tendencies. Manufacturers have, for example,
been sued for failing to warn drivers that certain
vehicles had a tendency to roll over in some
conditions.
One of the more high-profile cases involving
defects in automobiles and their parts involved
Ford Motor Company and the tire manufacturer
Bridgestone/Firestone. On May 2, 2000, the
NHTSA began an investigation involving Fire-
stone tires. By that time, the agency had received
90 complaints from consumers who had suffered
accidents because the tread on the tires of their
Ford Explorers had allegedly caused their
vehicles to roll over. These accidents had resulted
in at least 27 injuries and four deaths. On August
9, 2000, Bridgestone/Firestone announced the
recall of 6.5 million tires, many of which were
standard equipment on Explorers.
Ford and Bridgestone/Firestone eventually
faced more than 1,000 lawsuits in state and
federal court. Many of these cases were settled,
including several cases that had been followed

ways. In some states, an ad must provide the
number of advertised vehicles available for sale,
the price, the dealer, and the factory-installed
options and
WARRANTY terms. Car buyers shou ld
beware of bait-and-switch advertising, in which
a dealer advertises a specific car for sale without
Number of Motor Vehicle Sales and Leases in the United States
0.328
3.314
13.326
16.971
0.432
3.401
13.465
17.297
0.497
3.403
13.545
17.445
0.544
3.692
12.813
17.048
0.373
3.756
12.334
16.462
0 5 10 15 20
2003

division of their state attorney
general’s office.
The
STATUTE O F F RAUDS of the UNIF ORM COMMER-
CIAL CODE
(UCC) governs the sale of autos in every
state except Louisiana. According to the UCC, an
auto contract must be in writing in order to be
considered valid in court. The purchaser and an
agent of the seller—an authorized salesperson,
supervisor, or manager—must sign the contract.
Buyers should read all terms of the contract
before signing. The contract should specify
whether the car is new or use d and include a
description of the car, the car’s vehicle identifi-
cation number (VIN) (on the driver’ssideofthe
dashboard near the window), details of any
trade-in, and the terms of financing, including
the
ANNUAL PERCENTAGE RATE.
In most states, the title for a new or used car
passes to the buyer when the seller endorses the
certificate of title. If the buyer does not maintain
payments according to the finance a greement, the
creditor can repossess the car as collateral for the
What to Do If You Are in an
Auto Accident
S
B
ooner or later, y ou are likelyto have an accident.

8. Write down t he names and badge numbers of
any police officers at the scene.
9. Ifpossible,takeapictureofthesceneofthe
accident, including damage to cars and skid
marks.
10. Draw a rough diagram o f what happened in the
accident, noting road conditions, weather, and
lighting.
11. If you suspect you have any injuries, obtain
medical care.
12. Talk to a lawyer if you intend to file a lawsuit
regarding the accident.
All states require those involved in an accident
to file a report with the police or bureau of motor
vehicles if the accident involves a death, a personal
injury, or property damage above a certain amount,
such a s $500. Some states require that the report be
made immediately; others allow five to thirty days.
Failure to file a report is a misdemeanor in most
states and could result in the s uspension of your
driver’slicense.
Some insurance companies provide their policy-
holders with accident report forms. Such forms
make it easier to obtain the necessary information if
you are in an accident. If you have them, keep them
handy in your v ehicle.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
450 AUTOMOBILES
loan. The debtor has t he right t o b uy back the car
(redeem the c ollateral) and can do so by paying

should include the date of sale; the year, make,
and model of the car; the VIN; the odometer
reading; the amount paid for the car and what
form it took; the buyer’s and seller’s names,
addresses, and phone numbers; and the seller’s
signature.
The sale of new automobiles is subject to
what are popularly called “lemon laws.” Lemon
is the slang term for a car that just does not
work right.
LEMON LAWS, in force in all states as
of 2003, entitle a car buyer to a replacement car
or a refund if the purchased car cannot be
satisfactorily repaired by the dealer. States vary
in their requirements for determining whether a
car is a lemon. Most define a lemon as a vehicle
that has been taken in at least four times for the
same repair or is out of service for a total of 30
days during the coverage period. The coverage
period is usually one year from delivery or the
duration of the written warranty, whichever is
shorter. The owner must keep careful records of
repairs and submit a written notice to the
manufacturer stating the problems with the car
and an intention to declare it unfit for use.
Many states require that the buyer and the
manufacturer or dealer submit to private
ARBITRATION, a system of negotiating differences
out of court. Increasingly, states are passing
lemon laws for used as well as new cars.

purchase option at the end of the lease term.
To lease or rent an auto, an individual must
show a valid driver’s license and, usually, a
major credit card. A rental business may require
that a customer have a good driving record and
be of a certain age, sometimes 25 years old or
older. An auto rental, unlike a lease, may be as
short as one day. A rental company may offer a
No-Fault Automobile Insurance
E
ver since the invention of automo-
biles, there have been automobile
accidents. And with those accidents have
come legal disputes about who was most
at fault in causing them—and who
should be forced to pay damages. The
U.S. legal and political systems have
struggled to determine the best way to
handle the large number of legal disputes
related to automobile accidents. Although
the states vary in their procedures, two
basic approaches have evolved. The first
and older approach is the traditional
LIABILITY LITIGATION system, which
attempts to determine, usually through
jury trials, who is more liable, or more at
fault, and must pay damages. The second
and more recent approach is no-fault
insurance, which simply allows each party
to be compensated, regardless of fault, by

also called the tort litigation process. In
relation to automobile accidents, a tort is
a civil (as opposed to criminal) wrong
that causes an accident—for example,
failure to practice caution while driving,
thus causing a collision with another car
and injuries to its passengers.
As time passed and auto accidents
became more frequent, some people
began to point out problems in the
liability litigation system for resolving
accident disputes. They noted that,
owing to the complicated nature of many
automobile accidents, it often took a
great deal of time to determine who was
at fault. As a result, many accident
victims had to wait a considerable period
before they could receive adequate com-
pensation for their injuries. Other vic-
tims who may have been unable to work
because of injuries, frequently settled for
smaller amounts or even waived their
right to a trial, in order to receive faster
payment from insurance companies.
Other critics of the liability litigation
process claimed that the awards granted
in auto accident cases varied greatly.
Some people were overpaid, and others
underpaid, for their damages. A better
system, critics maintained, would make

Massachusetts in 1971 (Mass. Gen. Laws
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
452 AUTOMOBILES
collision damage waiver (CDW) option, which
provides insurance coverage for damages to the
rented car. The CDW option does not cover
personal injuries or personal property damage.
Operation and Maintenance
The operation of an automobile on a public
street or highway is a privilege that can be
regulated by motor vehicle laws. The individual
states derive authority to control traffic from
their
POLICE POWER, but often they delegate this
authority to a local police force. On the national
level, Congress is empowered to regulate motor
vehicles that are engaged in interstate commerce.
Automobile regulations are provided for the
safety and protection of the public. The laws
must be reasonable and should not impose an
extraordinary burden on the owners or opera-
tors. Such laws also provide a means of
identifying vehicles involved in an accident or
Ann. ch. 90 § 34A et seq. [West 1995])in
response to public dissatisfaction with
long, drawn-out, and expensive court
cases for compensation of losses suffered
in traffic accidents. In the same year,
Congress considered no-fault as a com-
prehensive national automobile insur-

go to victims rather than to lawyers and
court costs. According to those statistics,
in states without no-fault insurance, only
forty-eight cents of each dollar spent for
insurance premiums goes to those in-
jured in accidents, whereas thirty-two
cents goes to court costs and lawyers’
fees. However, under the no-fault system
in force in Michigan, for example,
seventy-three cents of each insurance
premium dollar goes to accident victims
and four cents goes to court costs and
lawyers’ fees (Carper 1992).
On the other side of the issue, critics
make a number of different points
against no-fault insurance. Many, includ-
ing trial lawyers and some consumer
advocates, object to no-fault insurance’s
elimination of or substantial restrictions
on the right to sue for damages. Many
states, for example, allow injured parties
to sue for “pain and suffering” only if
they have sustained specific injuries such
as dismemberment, disfigurement, or
fracture. Often, “soft-tissue” injuries
such as whiplash are not allowed as
adequate grounds for a lawsuit. Critics
also maintain that no-fault insurance
takes away the incentive to drive safely.
Under the system of no-fault insurance,

same time, such plans preserve the right
to sue for damages in cases of death or
serious injury or when damages exceed a
certain amount.
In the end, the question of how to
handle auto accident disputes will be
decided on the basis of which system—
liability litigation, no-fault insurance, or
a compromise between the two—is
deemed better at limiting costs and at
the same time preserving the value of
fairness that underlies the U.S. system of
justice.
FURTHER READINGS
Lascher, Edward L., Jr., and Michael R.
Powers, eds. 2001. The Economics and
Politics of Choice No-Fault Insurance.
Boston: Kluwer Academic Publishers.
Liao, Y-Ping, and Michelle J. White. 2002.
“No-Fault for Motor Vehicles: an Eco-
nomic Analysis.” American Law and
Economics Review 4 (fall): 258–94.
Mandell, Mark S. 1999. “What’s Wrong with
Auto No-Fault: S. 625, the Auto-Choice
Reform Act.” Trial Lawyers Quarterly 29
(winter): 31–42.
Schwartz, Gary T. 2000. “Auto No-Fault and
First-Party Insurance: Advantages and
Problems.” Southern California Law Re-
view 73 (March): 611–75.

qualifications for a driver’s license include
physical and mental fitness, comprehension of
traffic regulations, and ability to operate a vehicle
competently. Most states require a person to pass
a written examination, an eye test, and a driving
test before being issued a license. States generally
allow an individual with a learner’spermitor
temporary license to operate a vehicle when
accompanied by a licensed driver. This arrange-
ment enables a person to develop the driving
skills needed to qualify for a license. A license can
be revoked or suspended when the motorist
disregards the safety of people and property,
whenaphysicalormentaldisabilityimpairs
driving ability, or if the motorist fails to
accurately disclose information on the license
application. When the state revokes a person’s
license, it permanently denies that person the
right to drive; when it suspends a license, it
temporarily denies the right to drive.
Because teenaged drivers are more likely to
cause traffic accidents, several states have
adopted systems of graduated driver licensing
(GDL). Under this system, teenaged drivers
typically first receive a learner’s permit for about
six months, during which time all driving must
be supervised by an adult. During the next
stage, an intermediate level, teen drivers may
drive at night without the supervision of an
adult during the daytime but cannot drive

traffic, and other circumstances.
All states require children riding in auto-
mobiles to be restrained using safety belts or
safety seats. Most states require adults to wear
belts as well, though some require belts only for
adults in the front seat. Violation of such laws
results in a fine. In 1984 New York became the
first state to pass a law making seat belts
mandatory for adults.
Driving under the Influence Driving under
the influence of alcohol and other drugs is the
major cause of traffic deaths in the United
States. Drunk driver s kill an estimated 25,000
people per year. States use different terms to
describe driving under the influence of mind-
altering chemicals, or what is popularly known
as “drunk driving.” These include driving under
the influence (DUI), operating under the influence
(OUI), and driving while intoxicated (DWI). To
arrest someone fo r drunk driving, the state
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
454 AUTOMOBILES
must have proof that the person is under the
influence of alcohol or other drugs, and the
person must be in actual physical control of a
vehicle and impaired in the ability to operate it
safely.
Every state has “implied consent” laws that
require those with a driver’s license to submit to
sobriety tests if a police officer suspects they are

state, largely in an attempt to reduce drunk
driving. Most states also make it illegal to
transport an open alcoholic beverage container
in a vehicle. Alcohol-related deaths as a
proportion of all traffic deaths decreased from
about 56 percent in 1982 to 47 percent in 1991.
Other Crimes Criminals both target and use
automobiles in a number of different types of
crime. Cars have been a favorite object of theft
ever since their invention. As early as 1919, the
DYER ACT, or National Motor Vehicle Theft Act
(18 U.S.C.A. § 2311 et seq.), imposed harsh
sentences on those who transported stolen
vehicles across state lines. Car theft remains a
serious problem in many areas of the country
and is a major contributor to high insurance
premiums in many urban areas. In 1994
Congress passed the Motor Vehicle Theft
Prevention Act (18 U.S.C.A. § 511 et seq.; 42
U.S.C.A. § 13701 note, § 14171 [West 1995]),
which established a program whereby owners
can regi ster their cars with the government,
provide information on where their vehicles are
usually driven, and affix a decal or marker to the
cars. Owners who register their cars in the
program authorize the police to stop the cars
and question the occupants when the vehicles
are out of their normal areas of operation.
Autos are also frequently used to commit
crimes. Drivers whose

who suf fer injuries resulting from the negli gent
operation of a vehicle. Other states have
liability, or financial responsibility, statutes that
require a motorist to pay for damages suffered
in an accident resulting from his or her
negligence and to furnish proof of financial
capability to cover damages that he or she may
cause in the future. These statutes do not
necessarily require vehicle liability insurance.
About half of all states require that licensed
drivers carry automobile insurance with liability,
medical, and physical damage coverage. Liability
insurance protects a vehicle owner against
financial responsibility for damages caused by
the negligence of the insured or other covered
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
AUTOMOBILES 455
drivers. It consists of bodily injury, or personal
liability protection and property damage protec-
tion. Medical payments insurance covers the
insured’s household for medical and funeral
expenses that result from an auto accident.
Physical damage insurance consists of collision
coverage, which pays for damage to a car
resulting from collision, regardless of fault, and
comprehensive coverage, which pays for damage
from theft, fire, or
VANDALISM. More than 20 states
also require that drivers carry coverage to protect
against uninsured motorists. Such coverage

the harm was intentionally caused, the injured
person has suffered death or serious injuries, or
medical expenses exceed a certain limit.
States that do not have compulsory auto-
mobile insurance typically have
FINANCIAL
RESPONSIBILITY ACTS
. These laws are designed to
ensure that negligent drivers who injure others
will pay any resulting claims. They require a
proof of financial responsibility from drivers
involved in an accident. After reporting the
accident to a state agency, drivers who do not
have adequate insurance coverage must post a
cash deposit or equivalent bond of up to
$60,000, unless the other driver provides a
written release from liability.
Disposal
The last stage in the life cycle of an automobile
is its disposal and recycling. In the United
States, between 10 and 12 million cars are
disposed of each year. In most cases, the first
stage of disposal is handled by a wrecking or
salvage yard. Most states require the salvage
yard to have the title to an auto before the
vehicle can be destroyed and to contact a state
agency regarding its destruction. This step helps
to prevent the destruction of cars used in
crimes. Salvage yards typically must be licensed
with a state pollution control agency for

Mashaw, Jerry L., and David L. Harfst. 1990. The Struggle for
Auto Safety. Cambridge: Harvard University Press.
Nader, Ralph.1965. UnsafeatAny Speed.New York: Grossman.
Research Institute of America, Inc. 2000. Tax Consequences
of Using Autos for Business. New York: Research
Institute of America.
Winston, Clifford, et al. 1987. Blind Intersection? Policy and
the Automobile Industry. Washington, D.C.: Brookings.
CROSS REFERENCES
Alcohol; Automobile Searches; Collision; Consumer Pro-
tection; Environmental Law; Highway; Import Quotas;
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
456 AUTOMOBILES
Personal Property; Product Liability; Punitive Damages;
Title; Transportation Department.
AUTOPSY
The dissection of a dead body by a medical
examiner or physician authorized by law to do so
in order to determine the cause and time of a
death that appears to have resulted from other
than natural causes.
This postmortem examination, required by
law, is ordered by the local coroner when a
person is suspected to have died by violent or
unnatural means. The consent of the decedent’s
NEXT OF KIN is not necessary for an authorized
autopsy to be held. The medical findings must
be presented at an inquest and might be used as
evidence in a police investigation and a subse-
quent criminal prosecution.

The major function of th e doctrine is to
reduce the damages brought about by the
defendant’s m isconduct. Ordinarily, an indi-
vidual cannot recover for losses that might
have been prevented through reasonable effort
by the person, particularly where the conduct
causing the loss or injury is not willful,
intentional, or perpetuated in bad faith. The
rule of avoidable consequences applies to both
contract and tort actions, but is not applicable
in cases involving willful injury or where the
PLAINTIFF could not possibly have circumvented
any of the harm for which he or she claims
damages.
The efforts that the person who has been
injured must take to avoid the consequences of
the misconduct are required to be reasonable,
based upon the circumstances of the particular
case, and subject to the rules of common sense
and fair dealing. That which is reasonably
required is contingent upon the extent of the
potential injury as compared with the cost
of rectifying the situation, and the realistic
likelihood of success in the protective effort.
A plaintiff who neglects to mitigate damages will
not be entirely barred from recovering such
damages that he or she might have circum-
vented through reasonable efforts.
Included in the effort that the law requires is
the payment of reasonable expenditures. The