Any thoughts on "the production of an operators license (3) A person having the care and control of a motor vehicle shall produce that person's operator's licence for inspection on demand by any peace officer." ? There is no definition of person in the act...
When I revoke, recsind my DL (sooner than later) I need to be adequately prepared. As such, I need to gain an understanding of how to handle the blue gun thugs.
When I get challanged to produce an "Operators License" I want an adequate response.
I was thinking something like "I am in my private capacity on priviate business (Thanks Kitchie)." They will then state Section 31 of the Act (below). A proper response would a) catch them off gaurd b) assist in my position.
"I am in charge of this machinery and not required to carry a D/O L".
I have included relevent terms from the act as well as section(s).
Motor Vehicle Administration Act
http://www.canlii.org/ab/laws/sta/m-...217/whole.html
R.S.A. 2000, c. M-23
1.
(c) "driver" or "operator" means a person who drives or is in
actual physical control of a vehicle;
(d) "financial responsibility card" means a card issued
pursuant to Part 7 of the Insurance Act;
(g) "insured motor vehicle" means a motor vehicle the owner of which
(i) is insured pursuant to Part 5, Subpart 5 of the Insurance Act in respect of public liability, property damage and accident benefits, or
(ii) repealed RSA 2000 cI-3 s865,
(iii) is a corporation that meets the requirements of section 825(2) of the Insurance Act;
in respect of that motor vehicle;
(n) "operator's licence" means a licence to operate a motor vehicle issued pursuant to this Act;
(o) "owner" includes any person renting a motor vehicle or having the exclusive use of it under a lease or otherwise for a period of more than 30 days;
(v) "subsisting" means, when used in relation to an operator's licence, certificate of registration or permit issued under this Act, an operator's licence, certificate of registration or permit that has not at the relevant time expired or been suspended or cancelled;
(y) "vehicle" means a device in, on or by which a person or thing may be transported or drawn on a highway;
(z) "written-off motor vehicle" means a written-off motor vehicle described in regulations under section 12 of the Highway Traffic Act.
1.1 For the purposes of the following provisions, "operator's
licence" includes a licence or permit issued in a jurisdiction outside
Alberta under which a person may operate a motor vehicle in
Alberta:
sections 1(v), 5 and 5.1;
sections 16 to 33;
sections 57, 57.1, 59(1)(f), 76 and 95(a);
Part 9.
1991 c22 s2
Administration
Registrar, etc.
RSA 1980 cM-22 s31
Production of licence
31(1) A driver of a motor vehicle shall carry his or her operator's licence with him or her at all times during which he or she is driving a motor vehicle and shall produce it for inspection on demand by any peace officer.
(2) A person while engaged in instructing a student driver shall carry that person's operator's licence with that person and shall produce it for inspection on demand by any peace officer.
(3) A person having the care and control of a motor vehicle shall produce that person's operator's licence for inspection on demand by any peace officer.
(4) If the owner of a motor vehicle possesses an operator's licence, that person shall produce the operator's licence for inspection on demand by any peace officer.
--- end of act ---
care n. in law, to be attentive, prudent and vigilant. Essentially, care (and careful) means that a person does everything he/she is supposed to do (to prevent an accident). It is the opposite of negligence (and negligent), which makes the responsible person liable for damages to persons injured. If a person "exercises care," a court cannot find him/her responsible for damages from an accident in which he/she is involved.
control 1) n. the power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity. 2) v. to exercise the power of control.
trip A going from one place to another; a journey.
charge (dictionary.com) 1b : to command or instruct with authority