Before you go on vacation, maybe you should ask yourself a legal travel question or two. I’m not just talking about your passport or visa paperwork.
A legal travel question could be something as simple as whether or not you’re allowed to pack a radar detector. The answer: In the United States, it’s legal except in Virginia and Washington D.C. Most Canadian provinces don’t allow radar detectors. But even if you can, should you?
I’ll answer that in a moment. Every traveler should ask a legal travel question or two before departure. If you don’t, you could find yourself turned back at the border — or worse. I don’t know of any surveys on how many legal problems travelers get into, but I do know the number would be high. I field hundreds of queries a week on my, many of which involve a serious paperwork problem. Iden Elliott surveys Highway 210 from the Pu’u Huluhulu trail. The Hawaii Police caught me on one of the straightaways driving toward the Kona side of the island.
Should you pack a radar detector? Let’s talk about the ethics of using a radar detector. Before my recent visit to Hawaii’s Big Island, I could see both sides of the argument. Some say radar detectors are wrong because they encourage speeding. Others disagree, saying if a device is legal, they should be able to use it. The central part of Hawaii is filled with long straightaways through ancient lava fields and the posted speed limit is an unreasonably low 60 mph I say “unreasonably” because on the downgrade, you can have every intention of going 60 or below, but you pick up speed.
That’s how Officer Praibant of the Hawaii Police Department caught me. I hadn’t brought my radar detector and was coasting down the mountain a few miles over the limit. He’d parked his vehicle at the bottom of the mountain and had caught two lawbreakers at once — a late model SUV rental whose driver was visiting from Florida, and me, with an Arizona driver’s license. I was accustomed to those 75 mph speed limits in the desert.
Officer Praibant did not have a sense of humor and did not accept my apology for driving a little fast. I could visit the courthouse in Hilo the next day and pay a $157 fine, which I did.
By the way, this wasn’t my first speed trap. My last two tickets have been questionable.
The one before, in Georgia, saw the speed limit go from 75 to 65. Before I could tap the brakes, I saw the flashing blue lights in my rearview mirror. So from now on, the radar detector goes with us. My detector also tells me when I’m exceeding the speed limit and when I’m entering a speed trap or when there’s a red light camera.
If there are other Officer Praibants out there setting speed traps, I deserve to know it. The kids in France in 2014. We almost didn’t make it! Other legal travel questions Besides radar detectors, what other legal travel questions should you ask?
Where do I even begin? I remember our misadventure in Paris back in 2014. It started just a few days before we were set to leave, when I discovered that our passports would expire a short time after our scheduled return. Technically, it wasn’t my fault — I hadn’t made the travel arrangements. But it was definitely my responsibility. The legalities were a little confusing. France does not require a tourist visa for stays of less than 90 days.
However, your passport must be valid for at least three months beyond your planned date of departure, according to the. We met that requirement by just a few days. More like hours, actually.
But that wasn’t my worst scare. Somehow, in all the confusion after we landed in Paris, our passports ended up getting left behind in the seat pockets of the aircraft.
When we arrived in customs, I couldn’t find the travel documents and, of course, panicked. I had visions of returning to the States on the next flight and missing a month’s worth of adventures in France, Germany and Italy. Fortunately, a kind Air France agent allowed us back on the plane and we found our missing documents.
After that, I never let the passports out of my sight. So do you have all the documents you need before you travel?
That includes passports, visas, or any other necessary travel permits. If you’re not sure you know, you need to be sure — otherwise you could end up like us before our trip to Paris. Let me assure you, it’s no fun.
Erysse Elliott at Honolulu International Airport in 2018. Other legal travel questions There’s a final legal travel question that affects single parents. Make sure you have permission to take your kids on the trip from your ex. I’ve mediated several difficult cases where single parents have been interrogated at the border when they’re traveling alone with their own kids. To avoid that kind of trouble, it’s best for the absent parent to create a notarized, explicitly allowing you to travel with the kids. I haven’t heard of anyone being turned away at the border with a valid consent letter — at least not yet.
You don’t have to be a lawyer to steer clear of legal trouble when you travel. Some laws are obvious, others are a little confusing, but with a little planning, you can make your next family vacation a smooth one. And you can avoid an involuntary stay in a U.S. Customs holding cell, too. Chubb is the world’s largest publicly traded property and casualty insurance company, and recognized as the premier provider of insurance for successful individuals and families in the U.S. And selected international markets, offering coverage for high-value automobile, homeowners, recreational marine/aviation, valuables and umbrella liability coverage. As an underwriting company, Chubb assesses, assumes and manages risk with insight and discipline, and combines the precision of craftsmanship with decades of experience to conceive, craft and deliver the best insurance coverage and services to individuals, families and business of all size.
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Starting your own business can be fun and exciting. By turning your passion into your occupation you never have to “work” another day in your life! However, it can also be a scary time. You have to balance the risks with the reward and many new business owners don’t really understand the legal ramifications of launching their own start-up. In order to get your business off on the right foot, it’s important to ask yourself certain legal questions and have the answers handy when it comes time to hang that shingle. Do I need a business License?
That, unfortunately, is not an easy question to answer. Business licensing regulations vary widely from state to state. Additionally, local licensing may or may not be a requirement depending on which municipalities your business operates in. To find out whether or not you need a business license, connect with your state’s Office of the Secretary of State. Usually you can find the information you need right on their website.
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If not, give them a call. Can I Use Personal Assets for My Business?
Capital is often a hard thing to come by and it’s tempting to mix in your personal assets in to give yourself a leg up. However, if you establish a pattern of using personal assets (such as using a personal checking account for buying business supplies) they can become targets of creditors or courts in the future.
If the money does need to comingle, to find the best way to transfer these funds. How Do I Ensure Legal Compliance? In addition to licensing, your business is required to meet certain other standards as defined by the law.
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For instance, if you’re selling home-baked bread from your kitchen, you have to have your kitchen inspected by the food safety officials else your business could be shut down in the blink of an eye. In order to ensure that your business is 100% compliant with national and local regulations,. It may seem like an unnecessary expense, but when it comes down to a life or death situation (for your business at least) you don’t want to take any chances. Have I Selected the Correct Business Structure?
There are four basic types of business entities: sole proprietorships, partnerships, limited liability companies and corporations. Each has advantages over the other (mainly in the financial liability arena). Incorporation in either an LLC or an S Corporation protects your personal assets should a liability suit arise and should your business accumulate debt it cannot repay. However, you’ll want to thoroughly consider what tax status would best fit your business.
If you need help deciding that, a public accountant is probably your best bet. What’s the Best Option, an LLC or an S Corporation? LLC’s are sort of a hybrid entity.
Like corporations, they offer legal liability protection for the individual owners but, unlike corporations, are treated similar to sole proprietorships when tax time comes around (LLCs never pay taxes—the owners do). S corporations, on the other hand, offer similar personal liability protection and pass-through income tax treatment for owners, however, there are stricter limits on who can be classified as an owner. For instance, owners must be citizens of the United States and cannot exceed 100 in number.
For more information on which type of incorporation would be best for you, visit the. What is a Legal Business Partnership? Partnerships are unincorporated businesses. Unlike LLCs and S Corporations, you don’t have to file any paperwork to form a partnership but that doesn’t mean they’re not subject to oversight.
In fact, it’s a very good idea to create a formal partnership agreement and have an attorney examine the document in order to clearly define the partnership (and each individual’s role in it) in order to protect yourself from problems in the future. You will also want to register it with the IRS and your state and county as under your “Doing Business As” name (DBA). How Do I Pay Myself in My Own Business? It’s tempting to simply take your payment out of the company’s funds and call it good. It’s also financially dangerous to do so. A business should be run as a business, not a personal checking account. To avoid legal snags and tax questions you should always pay yourself with a check written from your business’s account.
Are You Infringing on Someone Else’s Intellectual Property? You know it’s wrong to steal another person’s idea and make money from it, but did you know you could be held accountable even if you didn’t know you were doing so? For example, if you set up a business in New York selling a certain type of product without determining if somebody else is selling the same thing (say in California), you could be facing a cease and desist notification or even a lawsuit. You’re required to perform due diligence when it comes to researching your products, your services, and your proposed product and service names. The best place to start is Google but then you should move beyond a basic search and dig into the U.S. Patent and Trademark Office or U.S.
Copyright Office to ensure you’re in the clear. How Do I Protect My Own?
For products you’ll want to apply for patents. Even simply applying for a patent can protect your intellectual properties against the competition. The process is a bit complicated and can get pricey so it’s best to before you get started.
For ideas and marketing “mojo” you’ll want to apply for trademarks or service marks. These can be used to protect your company name, logos, slogans, and more.
To protect your internal processes and such, you’ll want proper and binding non-disclosure agreements (NDAs) for all of your employees and outside contractors. Do I Need an Attorney? As says, the answer is always yes. “You need a good attorney. If you’re going to go to all the time, trouble and expense of starting a business, you need to make sure your company is structured so that it protects your interests and fits your goals.” But that doesn’t mean you have to go the traditional route and put an expensive local attorney on retainer—especially if you only need legal advice during your start-up phase.
A more affordable option may be to outsource your legal work through a service like, which connects legal experts with clients like you that need a little help getting off on the right foot. This way you get the advice you need without all of the overhead. Do Your Homework You’ve heard that an ounce of prevention is worth a pound of cure. In the case of your new business, an ounce of prevention could very well be the difference between a long and prosperous life and a short and agonizing death. Don’t let your fledgling business be sidelined by legal snafus and liability lawsuits you didn’t see coming. As the owner, you need to understand what regulations and legislation apply to your business and what your financial responsibilities are.
If you can’t find the answer to your questions yourself, get professional help. About the author.