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Old 07-29-2007, 01:48 PM
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FreeFromContract FreeFromContract is offline
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Someone whom I respect passed this along to me which applies to the topic at hand.

Quote:
The court below placed a different interpretation on section 11580.9, subdivision (b) of the Insurance Code. The trial court pointed out such a "construction makes the wording of subdivision (b) redundant. That provision speaks of 'renting or leasing commercial vehicles'. If renting or leasing is what makes the vehicle a commercial vehicle, there is no need to use the word 'commercial'. It would be sufficient to use the word 'vehicle' or 'automobile used for transporting persons'."

"Furthermore," the trial court said, "subdivision (b) speaks of 'the leasing of any other motor vehicle for six months or longer'. Vehicle Code Section 260, subdivision (a) encompasses vehicles used for carrying persons for hire and the transportation of property. If the act of leasing those vehicles makes them commercial vehicles, what other types of motor vehicles are there that one might lease for six months or longer?"
We conclude that the lower court's construction of Vehicle Code section 260 more reasonably conforms to the legislative intent and that the term "for hire" modifies the word "transportation," so that a commercial vehicle is one in which persons or property are transported for hire.

The case clearly explains that "renting " and "Leasing" have nothing to do with being commercial at all.
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