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Originally Posted by DCLXVI
What is the assumption that I the applicant make when one registers their Automobile as a Motor Vehicle?
That you are the natural person as described in the definition.
Where have you found "person" to mean "fictional entity"?
The rules of statutory construction demand it.
What about the word "person" did the legislature intend to change when they placed "Natural person" in the list of things a person is?
A natural person may designate himself to be a fictional entity if he so chooses.
Are you saying that the original application for registration is what makes the car deemed to be a motor vehicle?
Yes because you have determined it to be so. A certificate of title is prerequisite to the registration though.
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Originally Posted by DCLXVI
What is the department being protected against? I guess they want me to believe that is for the case when somebody sues them for simply registering the car to the wrong person. However it could also be read to mean to protect a financial interest of the state.
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The state has no financial interest in the vehicle. It is protecting itself against any potential lienholders of the vehicle. Because of the many codes that allow seizure of the motor vehicle, the state needs to know who have security interests in it. That is why they issue a Certificate of Title evidencing ownership
and security interests. It is a title insurance policy. They wouldn't want to sell your seized vehicle would they if their buddy the bank has first dibs on it?
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Originally Posted by DCLXVI
It should also be noted that bonding the car with the state against claims and having the state holding the bond could right there make the vehicle, a motor vehicle. The vehicle would be in commerce and subject to provisions in the ucc. I would think.
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No, the vehicle is a vehicle up until the point it is registered. Application for Registration is the same as listing for taxation. Vehicles are not required to be registered, only motor vehicles. The state could just as easily tax your vehicle as personal property, they choose not to. They prefer the "self assessment " method.
Bonding the car with the state indemnifies them because they will be issuing a title insurance policy, which secures the interests of the lienholders.
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Originally Posted by DCLXVI
As it has been stated before the state has an interest in regulating the use of objects that are not being used by their sole owners.
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If the use falls within commerce yes. If it does not, the regulation can only apply incidental to use, not the use itself. Here we're talking about traffic regs. and these traffic regs. can only be enforced if there is an injured party.
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Originally Posted by DCLXVI
So what can be done under police powers?
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To regulate and enforce the actions of motor vehicles and their drivers, while leaving the rest of us alone.
gldskr