When I was learning to drive, my dad would say, “Now, move over to the right lane to drive. The left lane is for passing." Dad’s advice was simply common courtesy and to help prevent the aggravation caused by left-lane drivers, driving side-by-side with a vehicle in the right lane, at the same speed on a 4 lane road, as traffic backs up. In 1984, the Oklahoma legislature codified Dad’s rule of common courtesy, in Title 47 of the Oklahoma Statues, Section 11-309.

In 1984, paragraph 3 of the section read:

Upon a roadway which is divided into four or more lanes, a vehicle proceeding at less than the maximum posted speed, except when reduced speed is necessary for safe operation, shall not impede the normal flow of traffic by driving in the left lane. Such vehicle shall be driven in the right-hand lane except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

In response to those left-lane-drivers, continuing to drive in the left lane, smugly saying, “Well, I’m driving the speed limit”, the Oklahoma legislature recently amended the law, effective November 1 of this year. The law now reads, under paragraph 6:

Upon a roadway which is divided into four or more lanes, a vehicle shall be driven in the right-hand lane except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. Provided, however, this paragraph shall not prohibit driving in a lane other than the right-hand lane when traffic conditions or flow, or both, or road configuration, such as the potential of merging traffic, require the use of lanes other than the right-hand lane to maintain safe traffic conditions.

and eliminated the “a vehicle proceeding at less than maximum posted speed” condition. Now the law requires all vehicles to be driving in the right hand lane, except when overtaking and passing another vehicle or if traffic conditions or flow requires the left lane.

Dad’s sound advice as to common courtesy is actually the law. Next time you pull up behind a left-lane driver, feel confident when you flash your lights to ask them to move over, that you are merely enforcing Oklahoma law.

Law Office of Todd A. Cone
PO Box 720
Nowata, OK 74048
918.273.2020
conelaw.com

Transfer on Death Deed

On November 1, 2008, a new law in Oklahoma became effective creating an instrument called a Transfer-On-Death (“TOD”) Deed, which lies at the heart of the Nontestamentary Transfer of Property Act, found in Title 58, of the Oklahoma Statues, Sections 1251 through 1258. The TOD Deed, also known as the Beneficiary Deed, is an attempt to provide a means for transferring property at the time of death without going through the probate process. The TOD Deed, joint tenancies, conveyances with retention of life estates and revocable trusts are all different forms of nonprobate transfers.

The potential problems of the TOD deed are numerous and have not yet been addressed by the Oklahoma courts. There are several concerns and questions in the use of the TOD deed. One of those areas of concern is in the area of joint tenancies. I have been asked if it is a good idea for a joint tenant to use a TOD Deed for property held in joint tenancy?

The short answer is “No.” Although a joint tenant can utilize a TOD Deed, and the new statutes specifically state that “A deed in TOD form shall not sever a joint tenancy”, the grantee-beneficiary will not receive a vested interest in the property unless the grantor-owner is the last to die of all the joint tenants of the property. For example, if there are three joint tenants and one joint tenant is a grantor-owner on a TOD Deed, and that grantor-owner is the first or second of the three joint tenants to die, then the property will pass to the remaining joint tenant(s) and the designated grantee-beneficiary of the TOD Deed will get nothing.

If you have any questions, please do not hesitate to contact our offices.

Law Office of Todd A. Cone
PO Box 720
Nowata, OK 74048
918.273.2020

Ford Motor Company Found Negligent

On Friday, September 18, the Nowata District Court found Ford Motor Company liable for damages sustained by Ford customers in the customers' dealings with the Ford dealership in Nowata. The Court ruled that Ford Motor Company failed to exercise ordinary care in appointing Edward Taylor and Thomas Plummer as a Ford dealer.

Todd Cone and W. E. Maddux, Nowata attorneys, represented the Plaintiffs. Although Ford's internal emails acknowledged, "We appointed a crook", Ford chose to fight with their own customers rather than help them after the Nowata Ford dealership defrauded the customers.

Cone and Maddux were satisfied with the results. "Now these Ford customers can put this behind them and get on with their lives."

Ford customers vs. Ford Motor Company set for trial

After having sought help from Ford Motor Company in the Fall, several Ford customers were forced to file a law suit against Ford seeking help and remuneration for their damages after having been defrauded by a Ford dealer in Nowata, Oklahoma. Although the Ford customers hoped the Ford Motor Company would help them, Ford is forcing the matter to trial. The trial has been set for the week of September 14. Todd Cone and W. E. Maddux, local Nowata attorneys will be representing the Ford customers.