This past week had more than its share of school bus accidents in the US: in Indiana, the driver of a bus hit an overpass without braking; in Washington, a bus rolled over after it went off the road; in Ohio, a bus rolled over onto its right side into a ditch. Here in Schuylkill County we had our own bus accident when a driver failed to follow a right curve and went off the road, striking an embankment. According to the RepublicanHerald.com, the driver will receive a citation for failure to drive on roadways laned for traffic.
We’re happy to report that there were no students on the bus at the time of the accident that happened in Butler Township. Also, the driver was not injured. The bus was on its way to pick up students when the driver said she swerved to miss an animal. Staff from our law offices have children who travel by bus to schools within the North Schuylkill School District, so this story especially hit home for us.
These accidents have also raised concerns about school bus safety, according to an article on the Huffington Post. Federal law requires seat belts on school buses weighing less than 10,000 pounds, but 80 percent of the nation’s school buses don’t fall into that category. Only six states (New York, New Jersey, California, Florida, Texas, and Louisiana) have laws that require seat belts on school buses.
The article also notes that seat belts aren’t the only safety issues on school buses. It can be difficult for bus drivers to steer the bus and monitor children’s behavior. But it is the driver’s responsibility to report misbehavior to the school. The article said when school districts own a fleet of buses and the drivers are district employees, they are usually better screened, supervised, and monitored than if the district contracts with a private company for buses and drivers. If you believe a bus driver is engaging in dangerous or suspicious behavior, report it to the school district immediately. Or, if your child tells you about misbehavior on the bus, report it to the principal, as it can be a potentially dangerous situation for all those riding on the bus.
Saturday, March 17, 2012
Friday, March 16, 2012
PA Governor Signs Voter ID Bill
Gov. Tom Corbett signed House Bill 934 into law Wednesday, requiring all Pennsylvania residents to produce photo identification when they vote.
Gov. Corbett said in a news release he signed the bill because it protects the principal of one person, one vote and sets a standard to protect the integrity of elections.
The law goes into effect immediately, but the photo ID will not be required for next month’s primary election. It will be required for November’s general election.
Some examples of a photo ID include a Pennsylvania driver’s license or non-driver license photo ID, a military ID, valid U.S. passport, county or municipal employee ID, college ID, or personal care home ID. All photo IDs must be current and include an expiration date.
Gov. Corbett said in a news release he signed the bill because it protects the principal of one person, one vote and sets a standard to protect the integrity of elections.
The law goes into effect immediately, but the photo ID will not be required for next month’s primary election. It will be required for November’s general election.
Some examples of a photo ID include a Pennsylvania driver’s license or non-driver license photo ID, a military ID, valid U.S. passport, county or municipal employee ID, college ID, or personal care home ID. All photo IDs must be current and include an expiration date.
Thursday, March 8, 2012
Texting Ban Becomes Law in PA
A law passed by the State Legislature in the fall went into effect Thursday, making Pennsylvania one of 30 states to ban texting while driving.
The law makes texting while driving a primary offense, meaning police can pull people over for texting alone, and includes a $50 fine. The offense also includes sending or reading emails and web browsing while driving but allows using smartphones for GPS.
Talking on the phone while driving is still legal in Pennsylvania.
According to an article in the Allentown Morning Call, local and state police say they intend to enforce the law and will pull over drivers who might be driving slower than surrounding traffic or bobbing and weaving.
In 2010, there were nearly 14,000 crashes in the state involving distracted driving. There were 68 fatalities reported in those crashes.
According to AAA, 20 billboards will be placed around the Philadelphia area stating “Dnt txt n drv. It’s the law.”
Also, PennDOT posted no-texting warning messages along various highways. And the Delaware River Joint Toll Bridge Commission will place no texting signs on the Pennsylvania side of the river.
The law makes texting while driving a primary offense, meaning police can pull people over for texting alone, and includes a $50 fine. The offense also includes sending or reading emails and web browsing while driving but allows using smartphones for GPS.
Talking on the phone while driving is still legal in Pennsylvania.
According to an article in the Allentown Morning Call, local and state police say they intend to enforce the law and will pull over drivers who might be driving slower than surrounding traffic or bobbing and weaving.
In 2010, there were nearly 14,000 crashes in the state involving distracted driving. There were 68 fatalities reported in those crashes.
According to AAA, 20 billboards will be placed around the Philadelphia area stating “Dnt txt n drv. It’s the law.”
Also, PennDOT posted no-texting warning messages along various highways. And the Delaware River Joint Toll Bridge Commission will place no texting signs on the Pennsylvania side of the river.
Tuesday, March 6, 2012
LIHEAP Benefits Extended
An additional $52.3 million is available to those who qualify for the Low Income Energy Assistance Program through Mach 31.
According to a Department of Public Welfare news release, the extra funds bring the total of this year’s assistance to $209.5 million.
LIHEAP is a federally funded program that provides assistance for heating bills and income guidelines must be met.
The program has two components - a Crisis Exception Program which provides assistance if heat has been shut off or almost runs out; and a Regular Crisis Program if a person has an emergency heat loss situation.
To apply for LIHEAP, go to www.humanservices.state.pa.us/Compass. LIHEAP limitations
According to PA DPW, the following are the income limits and household sizes for current LIHEAP season:
1 person - $16,335
2 people - $22,065
3 people - $27,795
4 people - $33,525
5 people - $39,255
6 people - $44,985
7 people - $50,715
8 people - $56,445
9 people - $62,175
10 people - $67,905
According to a Department of Public Welfare news release, the extra funds bring the total of this year’s assistance to $209.5 million.
LIHEAP is a federally funded program that provides assistance for heating bills and income guidelines must be met.
The program has two components - a Crisis Exception Program which provides assistance if heat has been shut off or almost runs out; and a Regular Crisis Program if a person has an emergency heat loss situation.
To apply for LIHEAP, go to www.humanservices.state.pa.us/Compass. LIHEAP limitations
According to PA DPW, the following are the income limits and household sizes for current LIHEAP season:
1 person - $16,335
2 people - $22,065
3 people - $27,795
4 people - $33,525
5 people - $39,255
6 people - $44,985
7 people - $50,715
8 people - $56,445
9 people - $62,175
10 people - $67,905
Monday, February 27, 2012
Child Custody For Tobacco Users Might Go Up In Smoke
If you are involved in a child custody dispute and you are a smoker, the chances of getting full or even joint custody are getting slim.
According to a recent article in the Washington Times, at least 18 states are now factoring in smoking when making decisions regarding custody of minor children.
According to a survey conducted by Action on Smoking Health, an anti-tobacco advocacy group, no judge or court has ever ruled that subjecting a child to tobacco smoke should be ignored when deciding custody and in thousands of cases, courts have prohibited smoking in the presence of a child, especially in vehicles. In some cases, court orders prohibit smoking in a home 24 or 48 hours before the child arrives and in some cases, parents have lost their custody rights or has visitations reduced because they subjected a child to tobacco smoke.
According to the survey, courts sometimes also consider the smoking habits of others who may have contact with the child like grandparents, friends, or significant others, when making custody decisions.
Secondhand smoke's effects are a concern for most parents and courts are becoming more and more sympathetic to this concern, especially if the child has respiratory problems or allergies.
According to the article, judges are skeptical of parents who quit smoking right before a custody battle begins, thinking the parent may start up again once the issue is settled.
It is recommended that if you smoke, do so outdoors and never in a vehicle and don't allow others to smoke around your children.
The article states that some may argue that the state is intruding on family affairs by limiting the rights of private citizens to smoke as a condition of being a parent, and will the state next begin controlling the diet a parent provides for his children. Others find it doubtful it will go that far, given the well-documented harms of second hand smoke.
Judge William F. Chinnock, visiting Judge to the Ohio Supreme Court, said in a law review article that a "considered analysis of family law across the United States leads to this inescapable conclusion: a family court that does not issue court orders restraining persons from smoking in the presence of children under the court's care fails those children whom the law has entrusted to its care."
According to a recent article in the Washington Times, at least 18 states are now factoring in smoking when making decisions regarding custody of minor children.
According to a survey conducted by Action on Smoking Health, an anti-tobacco advocacy group, no judge or court has ever ruled that subjecting a child to tobacco smoke should be ignored when deciding custody and in thousands of cases, courts have prohibited smoking in the presence of a child, especially in vehicles. In some cases, court orders prohibit smoking in a home 24 or 48 hours before the child arrives and in some cases, parents have lost their custody rights or has visitations reduced because they subjected a child to tobacco smoke.
According to the survey, courts sometimes also consider the smoking habits of others who may have contact with the child like grandparents, friends, or significant others, when making custody decisions.
Secondhand smoke's effects are a concern for most parents and courts are becoming more and more sympathetic to this concern, especially if the child has respiratory problems or allergies.
According to the article, judges are skeptical of parents who quit smoking right before a custody battle begins, thinking the parent may start up again once the issue is settled.
It is recommended that if you smoke, do so outdoors and never in a vehicle and don't allow others to smoke around your children.
The article states that some may argue that the state is intruding on family affairs by limiting the rights of private citizens to smoke as a condition of being a parent, and will the state next begin controlling the diet a parent provides for his children. Others find it doubtful it will go that far, given the well-documented harms of second hand smoke.
Judge William F. Chinnock, visiting Judge to the Ohio Supreme Court, said in a law review article that a "considered analysis of family law across the United States leads to this inescapable conclusion: a family court that does not issue court orders restraining persons from smoking in the presence of children under the court's care fails those children whom the law has entrusted to its care."
Wednesday, February 22, 2012
PA Governor Signs Marcellus Shale Law
On Feb. 14, Gov. Tom Corbett signed House Bill 1950, the Marcellus Shale Bill, which is designed to enhance protection of the state’s natural resources through stronger environmental standards, as well as authorizing counties to adopt an impact fee, and move Pennsylvania toward energy independence.
According to a news release, the new law enhances environmental standards by:
· Increasing well-setback distance from 100 feet to 300 feet for streams,
rivers, ponds and other water bodies, and from 200 feet to 500 feet from
buildings and private water wells and to 1,000 feet for public drinking water
systems.
· Expanding an unconventional operator’s “presumed liability” for impairing
water quality from 1,000 feet to 2,500 feet from a gas well, and extends the
duration from 6 months to 12 months.
· Enhancing water quality replacement standards to meet Safe Drinking Water
Act standards.
· Enabling DEP to revoke permits in a more efficient manner to deal with imminent safety or environmental concerns.
· Increasing blanket bonds from $25,000 up to $600,000.
· Providing for strong, uniform and consistent statewide environmental
standards – building upon and incorporating the best practices used by industry leaders.
· Enhancing hydraulic fracturing disclosure, including online posting through
FracFocus.org.
“This growing industry will provide new career opportunities that will give our children a reason to stay here in Pennsylvania,” Corbett said. “Thanks to this legislation, this natural resource will safely and fairly fuel our generating plants and heat our homes while creating jobs and powering our state’s economic engine for generations to come.”
The impact fee, which goes into effect immediately, will be used by local communities experiencing the impacts of unconventional shale gas development. The fee amount can fluctuate annually and is based on the average price of natural gas in the preceding year.
According to the news release, if all eligible counties adopt the fee, estimated revenue will be about $180 million in 2012, $211 million in 2013 and $264 million in 2014.
State agencies that mitigate shale gas impact like DEP, PUC, PA EMA, and the state Fire and Fish and Boat commissions will receive a fixed dollar amount from the revenue collected. The remainder will be distributed to impacted counties directly and through population or road mileage formulas or competitive grants.
The law also provides long-term regulatory predictability for job-creators and
capital investors, and provides increased uniformity and fairness of local regulations while preserving local government’s traditional zoning authority.
Also, the law creates a Natural Gas Energy Development Program, to provide incentives to convert fleets with vehicles weighing at least 14,000 pounds to compressed natural gas, liquefied natural gas, or bi-fuel vehicles. At least 50 percent of the funds must be used for grants to local transportation organizations, including mass transit agencies.
According to a news release, the new law enhances environmental standards by:
· Increasing well-setback distance from 100 feet to 300 feet for streams,
rivers, ponds and other water bodies, and from 200 feet to 500 feet from
buildings and private water wells and to 1,000 feet for public drinking water
systems.
· Expanding an unconventional operator’s “presumed liability” for impairing
water quality from 1,000 feet to 2,500 feet from a gas well, and extends the
duration from 6 months to 12 months.
· Enhancing water quality replacement standards to meet Safe Drinking Water
Act standards.
· Enabling DEP to revoke permits in a more efficient manner to deal with imminent safety or environmental concerns.
· Increasing blanket bonds from $25,000 up to $600,000.
· Providing for strong, uniform and consistent statewide environmental
standards – building upon and incorporating the best practices used by industry leaders.
· Enhancing hydraulic fracturing disclosure, including online posting through
FracFocus.org.
“This growing industry will provide new career opportunities that will give our children a reason to stay here in Pennsylvania,” Corbett said. “Thanks to this legislation, this natural resource will safely and fairly fuel our generating plants and heat our homes while creating jobs and powering our state’s economic engine for generations to come.”
The impact fee, which goes into effect immediately, will be used by local communities experiencing the impacts of unconventional shale gas development. The fee amount can fluctuate annually and is based on the average price of natural gas in the preceding year.
According to the news release, if all eligible counties adopt the fee, estimated revenue will be about $180 million in 2012, $211 million in 2013 and $264 million in 2014.
State agencies that mitigate shale gas impact like DEP, PUC, PA EMA, and the state Fire and Fish and Boat commissions will receive a fixed dollar amount from the revenue collected. The remainder will be distributed to impacted counties directly and through population or road mileage formulas or competitive grants.
The law also provides long-term regulatory predictability for job-creators and
capital investors, and provides increased uniformity and fairness of local regulations while preserving local government’s traditional zoning authority.
Also, the law creates a Natural Gas Energy Development Program, to provide incentives to convert fleets with vehicles weighing at least 14,000 pounds to compressed natural gas, liquefied natural gas, or bi-fuel vehicles. At least 50 percent of the funds must be used for grants to local transportation organizations, including mass transit agencies.
Monday, February 20, 2012
Contaminated Soil Removed after Truck Spill
Last week, WGAL reported that a tractor trailer spilled 150 gallons of a hazardous chemical on the Pennsylvania Turnpike in Lancaster County. The spill happened in the westbound lanes in Brecknock Township.
The chemical that was spilled was ethanolamine, a toxic, flammable, and corrosive liquid. Crews had to remove contaminated soil from the area. The right lane of the turnpike was closed for about six and a half hours for the cleanup. No evacuation was required because there are no homes in the area.
We were glad to hear that no one was injured or needed to be evacuated in the area due to this spill. In addition no waterways were affected by this toxic chemical. But the ramifications of this accident could have been catastrophic. If you are involved in an accident with a tractor-trailer, you may be eligible for compensation. Contact the big truck accident attorneys of Michael J. O'Connor & Associates for a free review of your case.
The chemical that was spilled was ethanolamine, a toxic, flammable, and corrosive liquid. Crews had to remove contaminated soil from the area. The right lane of the turnpike was closed for about six and a half hours for the cleanup. No evacuation was required because there are no homes in the area.
We were glad to hear that no one was injured or needed to be evacuated in the area due to this spill. In addition no waterways were affected by this toxic chemical. But the ramifications of this accident could have been catastrophic. If you are involved in an accident with a tractor-trailer, you may be eligible for compensation. Contact the big truck accident attorneys of Michael J. O'Connor & Associates for a free review of your case.
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