Thread: transportation
View Single Post
  #15  
Old 01-10-2008, 04:14 AM
farmer_giles_of_ham farmer_giles_of_ham is offline
Come and Get Some!
 
Join Date: May 2007
Posts: 1,119
Quote:
Originally Posted by Pure Trust:

670. A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.

So the car either is:

not propelled, moved, or drawn

not on a highway,

or it is not a device

or it does not move-any person or property

If it does the above then it is a vehicle.

A motor vehicle is a self propelled "vehicle".

Quote:
any person or property may be
propelled, moved, or drawn

The "car" is the device- the propulsion, movement or drawing is of the 'person or property'. Which brings us to point #4,

Quote:
it does not move-any person or property

Like a tractor or digging equipment.

"Not For Hire" doesnt mean much, these days, because, under the premise here, the general class of activities that includes 'HIRE', is transportation:

the use of

Quote:
"a device by which any person or property may be
propelled, moved, or drawn upon a highway"


And now I am wondering if the use of the word "may" creates a rebutable presumption of transportation... since a given device could be used for this purpose, it is legally a vehicle; but if in fact it is not being used for this purpose-what then? Given the potential for commercial definitions of the word "transport", which has been itemized (like income!) to include propulsion, movement, and drawing.

(Jerry Pitts mentioned presumptions- although anyone who the state can "tag" with points on a license is definitely an "operator", because they have applied for and received the DL to 'operate', so it's really a foregone conclusion by implied consent- a word used several times in the VC.)

The phrasing still goes to which use the machine is put- so is the farmer's tractor exempted by concession, or excluded by nature?

All this is theoretical- I want to outline exactly what is the scheme here of law and applicablility. So the premise is either correct, or otherwise.
Reply With Quote