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Old 10-15-2006, 05:51 PM
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Quote:
Originally Posted by Shoonra
The precise meaning of "operating" a motor vehicle is more expansive than driving or steering. A person who is drunk and in the driver's seat of a parked car, with the motor running but the gear in Park or Neutral, can be arrested for "operating" car while under the influence; that the car was not in motion is immaterial.
Well I would say the opposite. That drive is way more encompassing then "opperate."
The word opperator is no longer defined in the definition section of the vehicle code. Since the code was originaly enated as the "License tax act" I be thinkin' that the tax code might help out with this lost word... What do you think Shoonra. Can we trust the tax code???
Quote:
9603. "Operator" includes:
(a) Any person engaging in the transportation of persons or property for hire or compensation by or upon a motor vehicle upon any public highway in this State, either directly or indirectly.(b) Any person who furnishes any motor vehicle for the transportation of persons or property under a lease or rental agreement when pursuant to the terms thereof the person operates the motor vehicle furnished or exercises any control of, or assumes any responsibility for, or engages either in whole or in part in, the transportation of persons or property in the motor vehicle furnished.
"Operator" does not include any of the following:
(a) Any person transporting his own property in a motor vehicle owned or operated by him unless he makes a specific charge for the transportation. This subdivision does not in any way limit any other exemption granted by this section.
Stats. 1941, ch. 39, p. 590.

The either directly or indirectly means just that. You do not even have to be in the same county as the car when an EMPLOYEE is DRIVING it and you can still be "OPPERATING" the car. So opperating has NOTHING to do with physical control anymore.

Looks like from the following however the legislature is still giving Driver's license to Opperate. Driver's License is the name of the document. It is however a license to opperate.
Quote:
14900.1. (a) Except as provided in Sections 15250.6 and 15255.1,
upon application for the renewal of a driver's license or for a
license to operate a different class of vehicle, there shall be paid to the department a fee of twenty-four dollars ($24) for a license
that will expire on the fifth birthday of the applicant following the
date of the application. The payment of the fee entitles the person
paying the fee to apply for a driver's license and to take three
examinations within a period of 12 months from the date of the
application or during the period that an instruction permit is valid,
as provided in Section 12509.

It s just amazing how little "license to drive" is used. Or for that matter just the word "drive." I guess this little law does not apply to drivers? Why do they not use the word "drive" instead of opperate if it really was a driver's license in any sence more than its name?

Quote:
2800.1. (a) Any person who, while operating a motor vehicle and
with the intent to evade, willfully flees or otherwise attempts to
elude a pursuing peace officer's motor vehicle, is guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than one year if all of the following conditions exist:

Here they actually are talking about "driving." Or so it would seem. Of course it is talking about someone driving who has violated the above statute on "opperating."
Quote:
2800.2. (a) If a person flees or attempts to elude a pursuing peace
officer in violation of Section 2800.1 and the pursued vehicle is
driven in a willful or wanton disregard for the safety of persons...

Quote:
2800.3. (a) Whenever willful flight or attempt to elude a pursuing
peace officer in violation of Section 2800.1
Quote:
2804. A member of the California Highway Patrol upon reasonable
belief that any vehicle is being operated in violation of any
provisions of this code or is in such unsafe condition as to endanger
any person, may require the driver of the vehicle to stop and submit
to an inspection of the vehicle, and its equipment, license plates,
and registration card.

Here they are talking about "no driving" but it only pertains to driving a school bus. Automatically comercial and for employment. But we do see how it is all suspect...Then look at how the driver is qualified as having to do these things after a date of OPPERATION.
Quote:
2807.3
(b) No person shall drive any youth bus unless there is displayed therein a certificate issued by the Department of the California Highway Patrol stating that on a certain date, which shall be within
13 months of the date of operation,
Quote:
2810.1. (a) Any traffic officer may stop any commercial vehicle...where the officer has probable cause to believe that the vehicle is being operated in violation of that act.

JUST LOOK AT HOW OFTEN WHEN THEY DO USE "DRIVE" INSTEAD OF OPPERATE THAT IT IS ALMOST ALWAYS PAIRED UP WITH A "COMMERCIAL VEHICLE." or some other special vehicle like "youth bus" or "passanger vehicle" Ahhh the Law. Got to love it. Because the code don't apply to nothin' else.
Quote:
2813. Every driver of a commercial vehicle shall stop and submit...
Quote:
2814. Every driver of a passenger vehicle...

HERE WE GET CLOSE.... The law says any driver of a motor vehicle. But wait and see the law that it is citing!!! Think there will be an "opperate" in it? I DO!!!
Quote:
2814.1. (a) A board of supervisors of a county may, by ordinance,
establish, on highways under its jurisdiction, a combined vehicle
inspection and sobriety checkpoint program to check for violations of
Sections 27153 and 27153.5 and to identify drivers who are in violation of Section 23140 or 23152. The program shall be conducted
by the local agency or department with the primary responsibility for
traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays are posted requiring that stop.

So we are going to need to take a look at what is in subdivision (a) when it is refrencing other codes. Lets take a look at the code 27153.

Quote:
27153. No motor vehicle shall be operated in a manner resulting...
Well I'm glad that got cleared up! Lets look at more...
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