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The term given to the dust that is created from train wheels on the tracks is called railway dust. Trains are heavy and cause a lot of friction between the tracks and the wheels. This, in turn, puts dust particles in the air, which would stick to cars. It wasn’t very noticeable at first, but over time the particles showed up on the car paint as little orange dots. With less and less use of trains in modern transport. Dust particles mainly come from other vehicles on the road. These particles can be very difficult to see at first. Imagine having a vehicle that after a while starts to have these discoloration spots all over the body. Would this person be covered by a lemon law?

States vary from one another regarding their lemon laws. There are many factors that would be considered before answering that question. But guidance is provided that is consistent with federal standards. One of those factors is that a vehicle must still be under warranty. If your manufacturer does not specifically list rail dust as a covered issue, then the warranty is null and void. Another factor is that there must be reliable data showing that dust from the rails is the cause of the discoloration. Most manufacturers argue that the environment is responsible for this type of discoloration. This would pose the biggest problem in this situation.

Another responsibility of the vehicle owner is to be aware that a reasonable effort was made to prevent further damage to the vehicle. As soon as the owner discovers that there is a problem, he must report it, otherwise it can be said that the effort was not great enough. The later the owner, the less chance of being covered by the warranty. Last but not least, the vehicle owner must prove that, even after the problem has been brought to the attention of the dealer, the discoloration is still visible. Ultimately, his individual warranty will determine whether or not rail dust is a covered issue and whether or not proper procedures are followed.

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