Santa Maria & Company Risk News
  May 2008
Dear Janelle,

Thank you for viewing this material. We are pleased to provide this service to you, and to provide up to date information regarding risk management, insurance industry news, products and changes.

 
Industry Backs 'Sensible' New Global Safety Standard
safety globe

BRUSSELS, Belgium (Reuters)-Top toymakers backed plans on Wednesday for a mandatory global safety standard for toys to prevent unsafe products from reaching the consumer, but said it must not be a barrier to innovation or entry into the market.

The European Union is mulling new legislation in the area of toy safety, while the United States has proposed a stricter, independently verified regulation for toys following a spate of recalls-mostly of Chinese goods-in 2007.

Read on...
Class Action King Pleads Guilty to Racketeering
GavelLOS ANGELES (Reuters)-Class-action lawsuit king Melvyn Weiss pleaded guilty Wednesday to U.S. racketeering charges in connection with a scheme to pay kickbacks to plaintiffs, apologizing to his former law firm and saying he deeply regretted his conduct.

The Bronx-born Mr. Weiss, who pioneered high-stakes shareholder litigation in U.S. courts, pleaded guilty to a single count of racketeering conspiracy as part of an agreement with federal prosecutors.

Read on...
ICE - It Could Save Your Life
law

Woodland Hills, CA -- Sheriff departments, police departments and fire departments are using a new protocol to help save lives, says Derek Ross, C. M. Meiers Company, Inc., Woodland Hills and chairman of IBA West's Media Team.

The protocol is called ICE, which stands for In Case of Emergency. This program enables first responders, such as paramedics, firefighters, and police officers, to identify victims and contact their next of kin to obtain important medical information by encouraging people to enter emergency contacts in their cell phone address book under the name ICE.

"Whether it's your husband/wife, mom/dad, sister/brother, friend/colleague who is familiar with your medical history, add them as your ICE contact immediately!" said Ross.

"In your cellular phone, add your emergency contact, label it ICE with a reliable phone number and hit save.  Your ICE contact may end up saving your life!" added Ross.
New Cell Phone Laws Take Effect July 1
cell phone

Sacramento, CA-- Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws prepared by the California Highway Patrol.

Q: When do the new wireless telephone laws take effect?
A:  The new laws take effect July 1, 2008

Q:  What is the difference between the two laws? 
A:  The first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code (VC) §23123).  Motorists 18 and over may use a hands-free device.  The second law prohibits drivers under the age of 18 from using a wireless telephone or a hands-free device while operating a motor vehicle (VC §23124). 

Q: What if I need to use my telephone during an emergency, and I do not have a hands- free device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agencies. 

Q: What are the fines if I'm convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions.  According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Q:   Will I receive a point on my driver's license if I'm convicted for a violation of the wireless telephone law?
A: NO.  The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.

Q: Will there be a grace period when motorists will only get a warning?
A: NO.  The law goes into effect on July 1, 2008.  Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.

Q: Are passengers affected by this law?
A: No.  This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
A: YES.  A law enforcement officer can pull you over just for this infraction.

Q:  What if my phone has a push-to-talk feature, can I use that?
A:  No. The law does provide an exception for those operating a commercial motor truck or  truck tractor (excluding pickups), implements  of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature. However, a push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.

Q:  What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property

DRIVERS 18 AND OVER Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving.  The following FAQs apply to those motorists 18 and over.

Q: Does the new "hands-free" law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.

Q:  Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving? 
A: Yes.

Q: Does the new "hands-free" law allow drivers 18 and over to text page while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer's opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.

DRIVERS UNDER 18
Q: Am I allowed to use my wireless telephone hands free?
A: NO.  Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free.  EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities.  (VC §23124).

Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks.  Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

Q: Can my parents give me permission to allow me to use my wireless telephone while driving?
A: NO.  The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity. 

Q: Does the law apply to me if I'm an emancipated minor?
A: Yes.  The restriction applies to all licensed drivers who are under the age of 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?
A: NO.  You may only use your wireless telephone in an emergency situation.

Q: Will the restriction appear on my provisional license?
A: No

Q: May I use the hands-free feature while driving if my car has the feature built in?
A: NO. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

Q: Can a law enforcement officer stop me for using my hands-free device while driving?
A: No.  For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation.  However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.

 
Sincerely,
 

Santa Maria & Company
phone: (925) 988-8085
In This Issue
Industry Backs 'Sensible' New Global Safety Standard
Class Action King Pleads Guilty to Racketeering
ICE - It Could Save Your Life
New Cell Phone Laws Take Effect July 1
Featured Article
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FEATURED ARTICLE

New Contact Emails
In an effort to streamline processes for our clients, we have created three new emails addresses for several routine tasks.  Requesting Certificates of Insurance and MVRs is now easier than ever, and all new Claims can be submitted to one email address.

Certificates of Insurance

certificates@santamariarisk.com

MVRs
mvrs@santamariarisk.com

Submit a New Claim
claims@santamariarisk.com

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