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Old 03-25-2008, 03:45 PM
farmer_giles_of_ham farmer_giles_of_ham is offline
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Join Date: May 2007
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Quote:
Where is the statute defining Motor Vehicle? Does it say "Every" or "A..."

Its says "every":

Quote:
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway

but how would that make a difference?

Quote:
Originally Posted by freebeme
Is there any law limiting or making more specific the laws about driving in your state?

there are obviously many more laws but I dont know what you mean exactly.

I also dont know more than what I picked out of the VC, in the very first section, "definitions".

Probably like every other state and country, an examination of the legislative history would show the growth from "for-hire" and "commercial operators" to the current state of things. And the guarantees on fundamental rights, which all courts in any case I ever saw have already pointed out is irrelevant, since the very statutory construction implies a separate administrative body of law for a special circumstance- transporting or moving "persons and property"

Outside of this activity, other persons and properties will ride or travel in the device.

Inside the activity, the device will carry these same ones.

The relationship is "who does what to whom" (which sounds funny) meaning- do I ride the automobile, or does it carry me?

Its sort of like 'which is dependent on which', being the difference between "vehicular travel" and "mere transit".

In vehicular travel the items carried are passive, the machine is defined by this activity, doing something to the passengers and cargo

("moving", "carrying", "transporting", ie taking from one place to another)

The device has to carry "any person or property" to be a vehicle, aka "a means by which".

Whereas the reverse by definition excludes a device from being a vehicle- the persons and property are not at the mercy of a service, which needs to be regulated, but are free and easy masters (and guests). Now the device is passive and the "persons and property" are active.

I mean, when I ride a public bus, there is a constructive trust created. But when I just go along for the ride, there is no special duty such as the one established by payment and public offerings.
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The hypothesis is that all prior classes and privileges were lumped together to create a system where people could elect to be treated 'as-though' in the business of transportation, by implied consent through registration and licensure.

So the whole thing is built on the same concepts and presumptions from decades back before DL's etc were so common. Just like income taxes originally applied only to government benefits, and were later expanded so that anyone could voluntarily choose to be treated 'as-though' doing business with the government.
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