LEGAL CORNER: How do I get a speed limit decreased? - KPLC 7 News, Lake Charles, Louisiana

LEGAL CORNER: How do I get a speed limit decreased?

(Source: KPLC) (Source: KPLC)
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submit your questions to news@kplctv.com. Civil matters only, please.
 

QUESTION: I have a camp here in Calcasieu Parish on the River. There is a single dirt road in and out of the campsite. A new couple is building a camp and I have watched the large trucks hauling logs, destroy the road. Is the new couple in any way responsible to fix our road?

ANSWER: Yes, they certainly are. You stated your camp is in Calcasieu Parish. The parish ordinance states that any person may make use of the public roads of the parish for the purpose of hauling logs however they are required to keep the roads in good condition as before. Any person violating this provision will be determined guilty of a misdemeanor, and upon conviction shall be held responsible for all damages caused to such road. This new couple building may not be aware of this, however, they are still responsible for getting the road to the condition it was in before hauling the logs.

(Code 1969, § 20-16) (Calcasieu Parish Code of Ordinances Sec. 21-11, 12 - Hauling logs—Restoring pavement)Any person may make use of the public roads of the parish for the purpose of hauling logs, or conveying in any manner, logs or timber, either round or hewn, whether intended for sale as merchantable timber, or for piling or poles; provided such person shall be required to keep the roads in as good condition as before. Any person violating the provisions of section 21-11 shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-9 of this Code; and shall, in addition, be responsible for all damages caused to such road by such violation of the section, recoverable before any court of competent jurisdiction.

QUESTION: I have been trying to report different people for excessive speeding through our neighborhood. There are several different families and a lot of our children play outside together and this is a major concern. I think the speed limit needs to be dropped for the safety of our children, who would determine something like raising or lowering speed zones?

ANSWER: Safety is a concern for the department of motor vehicles and traffic regulations as well. Whenever the department determines, after an engineering and traffic investigation, that any maximum speed that is in place is greater or less than that which is reasonable or safe under the conditions, then the department may declare what is a reasonable and safe maximum speed limit. They will then put up appropriate signs giving notice to the public of the new speed limit, which shall be effective at specific times determined by the department.

Establishing of speed zones states (A). Whenever the department shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this Chapter is greater or less than is reasonable or safe under the conditions found to exist upon any highway of this state, or any part thereof, the department may determine and declare a reasonable and safe maximum speed limit thereat, which, when appropriate signs giving notice thereof are erected, shall be effective at all times or at such specific times as may be determined by the department. (B). Whenever the department determines on the basis of an engineering and traffic investigation that slow speeds on any highway of this state, or part thereof, consistently impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed

limit thereat, below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law. Minimum speeds so determined shall become effective upon the erection of signs giving notice thereof. (C). The department may establish a speed zone and may determine and declare a speed in excess of any maximum speed set forth in this Chapter within such speed zone on any highway of this state, whenever the department shall determine on the basis of an engineering and traffic investigation that such speed is reasonable and safe. The department shall erect appropriate signs giving notice thereof. (TITLE 32 — Motor vehicles and traffic regulation RS 32:63 — Establishing of speed zones)

QUESTION: I recently bought my child a newer privately owned used vehicle for graduation from high school. About a month after buying the car it began running at a much poorly. After a mechanic examined it, he told me that the car had experienced some major water damage and had many problems. This really upset me. Was the individual I bought it from required to disclose this to me before I bought the car?

ANSWER: Yes, this should have been disclosed to you. Often, we think that such disclosure only applies to dealers, but no person or entity, shall sell, transfer any used motor vehicle to any person without notifying the buyer of the vehicle, in writing, of the extent of any water damage from flooding which occurred to the vehicle prior to the transaction. As the buyer, you may file a lawsuit to set aside the transaction within one year from the date of the purchase and receive all monies or other property given for the vehicle less a reasonable assessment for miles driven.

Louisiana Legislature Revised Statute LA Rev Stat § 32:789 Sale of used water-damaged vehicles states (A). No used motor vehicle dealer, nor any person or entity, shall sell, transfer, or convey any used motor vehicle to any person without notifying the buyer or receiver of the vehicle in writing of the extent of any water damage from flooding which occurred to the vehicle prior to the transaction. (B). If a sale, transfer, or conveyance of a used motor vehicle occurs in violation of Subsection A of this Section, the person receiving ownership and title to the vehicle who is not otherwise aware of the damage at the time of the transaction may bring an action to set aside the transaction within one year from the date of the transaction and receive all monies or other property given as consideration for the vehicle less a reasonable assessment for miles driven.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

Copyright 2018 KPLC. All rights reserved.
 

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