Two notes:
On the use of the word 'may' within any statute. This word 'may' is a word that authorizes 'discretion' and here in Florida, the Legislators have indicated that there will be no 'un-bridled' 'discretion' within the rules and regulations as well as within the statutes.
At any rate, if there is 'discretion' to do or not do a thing, then is there really any law being established at all. As an example, suppose one of the ten commandments had been written "Upon the establishment of a necessity, the operator may take property that is not lawfully his.", or perhaps "The operator may kill upon his own discretion." The almost complete opposites in comparison to degree of authority.
Second: In regard to the use of farm equipment on the highways of Florida. It is stipulated that farm machinery can be used upon the highways, without a license if the machinery does not venture outside a given radius (certain # of miles) of the farm where the equipment is registered.
Jerry
Quote:
|
Originally Posted by farmer_giles_of_ham
the use of
Quote:
|
Originally Posted by 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.
.....
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.
|