MAY 2013



Richard D. Linderman, Esq is a graduate of Pottstown High School, West Chester University, and received his law degree from Duquesne University in Pittsburgh. He resides with his wife, Virginia, in Pottstown and is the father of one daughter and grandfather of two grandsons and a granddaughter.

Mr. Linderman is a Senior Partner of O’Donnell, Weiss & Mattei, P.C., and his areas of practice include Litigation, Estate Planning and Estate Administration. He has been very active in the TriCounty Area Chamber of Commerce, having served as its pro bono solicitor for 25 years. In addition, he has taught at Penn State Berks Campus and Montgomery County Community College, West Campus.

Phone: 610-323-2800
Fax: 610-323-2845
Email: rlinderman@owmlaw.com

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The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.

Legal Issues Affecting the Motoring Public

This month, Legal Talk hosted a PCTV program which was a presentation by AAA.  I moderated the program, and my guests were Mr. Ted Leonard, who is the Executive Director of the Pennsylvania AAA Federation in Harrisburg, and Theresa Podguski, who is the Director of Public Affairs at AAA – East Penn Region.  Our local headquarters of AAA is located in Allentown, and AAA has offices in Bethlehem, Lansdale and Royersford.  The topic for the television program was: Issues Important to the Motoring Public. 

Mr. Leonard pointed out that AAA had a legislative victory in Senate Bill 341 entitled “Gas Quality Testing Bill” sponsored by Montgomery County Senator Stewart Greenleaf.  Governor Corbett signed the Bill into law in November.  Specifically, the Bill authorizes the Pennsylvania Department of Agriculture to conduct random and unannounced testing of octane levels in gasoline.  Prior to this Bill, Pennsylvania was one of only three states without an octane testing program.  The periodic, random testing of octane levels will protect Pennsylvania motorists from overpaying for improperly-marked octane levels and for vehicle damage caused by contaminated gasoline. 

Another topic discussed was Pennsylvania’s texting ban which went into effect on March 8, 2012.  It is a primary offense which means that a police officer can stop you if he or she observes you sending a text message while driving your automobile.  This law prohibits any driver of an automobile from using an interactive wireless device while his or her vehicle is in motion.  In 2008, there were eight trillion text messages sent that had been recorded by the cell phone carriers.  Texting while driving your automobile is a huge distraction.  I have a relatively close professional relationship with a lawyer in Philadelphia who lost his 19-year-old daughter while she was walking in a crosswalk at an intersection by a driver who was texting as he entered the intersection. 

Another important issue that we discussed was the topic of cell phone use while driving.  Mrs. Podguski explained that motorists who use cell phones are more likely to engage in dangerous behavior, such as speeding, driving drowsy, driving without a seatbelt and sending text messages or emails.  In fact, more than two-thirds of all licensed drivers reported talking on a cell phone while driving this past year.  What concerns AAA the most, she said, is that a driver’s use of a cell phone impairs reaction time and roughly quadruples crash risks.  Podguski said AAA recommends that all motorists turn off their cell phones before driving and never send text messages or receive text messages while driving. 

If you would care to discuss the above in detail, please call me at 610-323-2800 or email me at rlinderman@owmlaw.com. Also, please watch OWM's May 2013 Legal Talk program regarding Legal Issues Affecting the Motoring Public on our website here.

Upcoming Events

David A. Megay, Esq. speaking at SCORE Business Planning Seminars on 9/9/13 and 11/4/13 (contact SCORE at 610-327-2673).

OWM Law sponsoring First Friday celebration in Phoenixville on 6/7/13, 7/5/13, 8/2/13, 9/6/13 and 10/4/13.

Watch Legal Talk, brought to you by OWM, on PCTV, Tuesdays at 8:30 on Channel 28, and Thursdays at 9:30 p.m. on Channel 98, or on our website at www.owmlaw.com/legal_talk/legal_talk.php.

Read Legal Ease every first and third Sunday in the Pottstown Mercury.

O'Donnell,Weiss & Mattei, P.C.

41 E. High Street
Pottstown, PA 19464
Fax: 610-323-2845

347 Bridge Street, Suite 200
Phoenixville, PA 19460
Fax: 610-917-9348