It appears that the foregoing definitions of "chauffeur" and of "operator", respectively, are the ones which were in effect and in legal context prior to the Legislature's repeal and re-enactment of the Vehicle Code in 1959 (emphasis added):
An act to repeal and re-enact the Vehicle Code and to add Chapter 6.5 (commencing at Section 3067) to Title 14, Part 4, Division 3 of the Civil Code and to amend Section 11004.5 of the Revenue and Taxation Code, relating to vehicles.
Section 1:
The Vehicle Code is repealed.
Section 2:
The Vehicle Code is enacted to read:
GENERAL PROVISIONS
1. This act shall be known as the Vehicle Code.
2. The provisions of this code, insofar as they are substantially the same as the existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
. . .
250. A "chauffeur" is a person who is employed by another for the principal purpose of driving a motor vehicle on the highways and receives compensation therefor.
. . .
310. "Driver's license" includes both an operator's and a chauffeur's license.
. . .
450. An "operator" is a driver of a motor vehicle other than a chauffeur.
Stats. 1959, ch. 3, pp. 1523-1535.
7.b.1. West's ANN.CAL.VEH. CODE (2004), sec. 310 reads:
sec. 310. Driver's license
A "driver's license" is a valid license to drive the type of motor vehicle or combination of vehicles for which a person is licensed under this code or by a foreign jurisdiction.
7.b.2. West's ANN.CAL.VEH. CODE (2004), sec. 250 reads:
sec. 250. Chop Shop
. . .
Historical and Statutory Notes
. . .
Former sec. 250, enacted by Stats.1959, c. 3, p. 1530, � 250 ... which defined chauffeur, was repealed by Stats.1961, c. 1615, sec. 1.
7.b.3. West's ANN.CAL.VEH. CODE (2004), sec. 450 reads:
� 450. Oil well production service unit
. . .
Historical and Statutory Notes
. . .
Former sec. 450, enacted by Stats.1959, c. 3, p. 1535, sec. 450 ... defining "operator", was repealed by Stats.1961, c. 1615, p. 3453, sec. 1.
A California appellate court held in 1935
Quote:
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As we pointed out, the legislature in 1923, enacted the present California Vehicle Act, which definitely and in language not susceptible of misunderstanding made its provisions applicable to the state and its agencies, particularly in section 144 thereof, stating, "The provisions of this act applicable to drivers of vehicles upon the public highways shall apply to the drivers of all vehicles operated by the state or any political subdivision thereof, or any incorporated city, subject to such specific exemptions as are set forth in the act," a declaration of legislative intent that the provisions of California Vehicle Act should apply to governmentally owned and operated vehicles.
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Lossman v. City of Stockton (1935), 6 Cal.App.2d. 324, 329, 44 P.2d 397.
8.b. The Supreme Court of California held in 1960 (emphasis added):
Section 453 was first enacted in 1923 (Stats. 1923, ch. 266, p. 563, sec. 144), and consisted of what is now subdivision (a).
. . .
Section 453 in its entirety provides as follows:
"(a) The provisions of this code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles while engaged in the course of employment by this State or any political subdivison thereof or any municipal corporation or district therein including authorized emergency vehicles subject to those exemptions granted such authorized emergency vehicles in this code.
Yarrow v. State of California (1960), 53 Cal.2d 427, 440, 2 Cal.Rptr. 137, 348 P.2d 687
8.c. The Attorney General of California has consistenly held at various times (emphasis added):
The provisions of the Vehicle Code applicable to drivers upon the highways are applicable generally to public officers and employers engaged in driving vehicles in the course of their employment (Vehicle Code sec. 453).
17 Ops.Cal.A.G. 121, 121, 51-32 (1951).
However, division 11d of the Vehicle Code is expressly made applicable to employees of the State. Section 453 of the Vehicle Code provides that:
"The provisions of this code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles while engaged in the course of employment by this State or any political subdivision thereof or any municipal corporation or district therein...." (Italics added.)
Thus the general rule that when the State is exempt from compliance with statutes, employees of the State, while engaged in the course of their employment, need not comply with such statute, is not applicable in this case, for section 453 of the Vehicle Code expressly makes the provisions of the Vehicle Code applicable to State employees.
31 Ops.Cal.A.G. 66, 69, 57-267 (1958).
Publicly owned vehicles and their operators are expressly mentioned throughout and made subject to various requirements of the Vehicle Code. "Registration under this Code shall apply to any vehicle owned by the United States government, the state, or any city, county, or political subdivision of the state...." (sec. 4155.) Public entities are exempt from the usual vehicle registration and licensing fees. (sec.sec. 9101, 9103.) The statutory requirements for vehicle equipment (sec.sec. 24000-28114, 29000-31540) are made applicable "to all vehicles whether publicly or privately owned when upon the highways, including all authorized emergency vehicles." (sec.24001.) Public entities are liable for injuries caused by their employees "in the operation of any motor vehicle." (sec. 17001; see sec.sec. 17002-17004.) The requirements applicable to the driving of vehicles apply equally to drivers "while engaged in the course of employment by this State, any political subdivision thereof, any municipal corporation, or any district, including authorized emergency vehicles subject to those exemptions granted such authorzed emergency vehicle in this code." (� 21052.)
In analyzing these various statutes so as to resolve the question presented, we are cognizant of several well established principles of statutory construction. As summarized by the Supreme Court in Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1386-1387:
"Pursuant to established principles, our first task in construing a statute is to ascertain the intent of the Legislature so as to effectuate the purpose of the law. In determining such intent, a court must look first to the words of the statutes themselves, giving to the language its usual, ordinary import and according significance, if possible, to every word, phrase and sentence in pursuance of the legislative purpose. A construction making some words surplusage is to be avoided. The words of the statute must be construed in context, keeping in mind the statutory purpose, and statutes or statutory sections relating to the same subject must be harmonized, both internally and with each other, to the extent possible. [Citations.]"
We are also directed "to produce a reasonable result," while "avoiding those constructions which lead to mischief or absurdity." (People v. Jeffers (1987) 43 Cal.3d 984, 997-998.)
75 Ops.Cal.A.G. 75, 77-78, 91-804 (1992).
8.d. West's ANN.CAL.VEH. CODE (2004), V. 65B, p. 11, shows that Section 453(a) of the 1935 Code has been renumbered to Section 21052 of the 1959 Code, as Amended.
8.e. West's ANN.CAL.VEH. CODE (2004), sec. 21052 reads (emphasis added):
The provisions of this code applicable to the drivers of vehicles upon the highways apply to the drivers of all vehicles while engaged in the course of employment by this State, any political subdivision thereof, any municipal corporation, or any district, including authorized emergency vehicles subject to the exemptions granted such authorized emergency vehicles in this code.
8.f. I note that Vehicle Code sec. 21052 specifically does not contain the word "also", i.e., "The provisions of this code ... [also] apply to the drivers of..."
8.g. I have no known duty or obligation to "read-in" such a non-existent "also" into Vehicle Code � 21052.
8.h. I reasonably infer from the rules of construction of statutes and of legislative intent as stated above, that the statute effectively reads: "The provisions of this code applicable to the drivers of vehicles upon the highways [only] apply to the drivers of all vehicles while engaged in the course of employment by this State,...."
49 U.S.C.A (2004), sec. 30102(a)(6), part of Ch. 301, Motor Vehicle Safety, reads:
Sec. 30102. - Definitions
(a) General Definitions. -In this chapter-
. . .
(6) "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.
9.b. 49 U.S.C.A. (2004), sec. 30301(4) defines "motor vehicle" for the purposes of the National Driver Register:
(4) "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line.
9.c. 49 U.S.C.A. (2004), sec. 30301(5) defines "motor vehicle operator's license" for the purposes of the National Driver Register:
(5) "motor vehicle operator's license" means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
Thank you T. Thornhill
Cody James