On October 31, 2011, State Senator Stan Bingham announced he is seeking to implement a state exemption of new cars and trucks from auto inspections. His main justification for the mandate: parts and systems of newer vehicles do not fail as often as older cars. In other words, Senator Bingham seems to suggest that auto inspections are more of a waste of time than a preventive safety measure.
The statement was a response to reports issued by The Charlotte Observer and The News & Observer, which claim that many auto repair facilities have corrupted the N.C. inspection system by often passing unsafe vehicles and / or charging customers for unnecessary repairs. The articles also noted that many states around the nation have begun exempting newer vehicles from inspections.
Proponents of abolishing auto inspections argue that advances in technology have increased vehicle safety. Studies in Nebraska have indicated that the number of automobile accident related to vehicle defects have delcined since the state abolished auto inspections. However, skeptics like DMV Commissioner Mike Robertson, do not trust such studies and would rather not risk the consequences that may associated with the abolishment of auto inspections. The most obvious fear is the potential for increased injuries / fatalities.
Proponents of the legislator's proposal argue the idea will streamline the process and put an end to unecessary costs. Despite the potential benefis, there are some potential legal effects. Some studies have indicated that the abolition of inspections resulted in no effect on automobile accident. However, both sides of the argument admit these studies are not definitive, noting statistics vary from state to state. In other words, this measure may have a more profound effect on accidents in North Carolina. The proposal, if adopted, could lead to decreased safety and more accidents.
From a legal standpoint, in an automobile injury case, the Plaintiff has to show that the Defendant breached the duty of reasonable care owed to the Plaintiff. With the abolition of the automobile inspections, it could be potentially harder for the Plaintiff to meet his burden of proof. On the other end of the spectrum, it could lead to an increase in contributory negligence, as a Plaintiff could be feasibly be unaware of his own automobile's defects which could contribute to the accident. Citizens could also find themselves the subject of a personally injury lawsuit for a defect they were unaware of. These changes could impact personal injury law in the context of car accidents as a result of automobile defects.
As a practical matter, I don't forsee this measure being a groundbreaking change in the area of personal injury law. However, proposed legislation has an interesting way of morphing from the start to the final product, so you're certainly never sure how a proposed bill will end up. The exemption of all auto inspections coull propose a more significant impact in my mind.
Given both the legal and non-legal implications of Bingham's proposed legislation, I urge that you contact your state representatives for clarifications of this legislation or to oppose the legislation if the bill is ever submitted to the state legislature for a vote. Additionally, in the legal context, it is always imperative to contact a Charlotte Personal Injury attorney if you find yourself involved in or injured as a result of an accident.
CharlotteObserver.com, N.C. Lawmaker: Skip inspections for new cars, 11/1/11
