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Old 10-15-2006, 06:42 PM
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Now lets take a look at 27153.5...
Quote:
27153.5. (a) No motor vehicle first sold or registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevation of less than 4,000 feet any air contaminant for a period of more than 10 seconds which is:
This law does not talk about what a person can or cannot do. It is what my car can and cannot do. Hmmm... It does not say that no person can "drive" a car sold after... which is emmitting the emmissions. And when you realy read it and concider shall means must it means no car must pollute. That is good. It would suck if my car "shall discharge." Subtle but it does not say that "Every car shall not..."

Now lwts get in to the laws which use the phrase "to drive" without qualifying it first as "opperating it."
Quote:
23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
This law is actually under the named title "PUBLIC OFFENSES." This is what a cop can arrest you for IF you are opperating. It seems unqualified does'nt it. Just remember this law is in the infamous division 11 discussed just below. Offenses. Not infractions. These offenses are so dangerous that they are actual crimes. Thus we see this strong language in a very small chapter. All of the offenses in this chaper 12 involve drunk driving and bodily injury.

But have no fear drunk lushes. Remember that the codes which refer to this "driver" only apply to state employees and that "opperator" only applies to person Engaged" in employment.
Quote:
21052. 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 those exemptions granted such authorized emergency vehicles in this code.

Well lets continue on shall we.
Quote:
DIVISION 11. RULES OF THE ROAD
CHAPTER 1. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
Article 1.
21001. The provisions of this division refer exclusively to the
operation of vehicles
upon the highways, unless a different place is
specifically referred to.
Realy??? Just the opperation of vehicles??? You don't say!!!! Well this is comming as no suprise. So at this point I see no reason to go through any psrt of this subdivision as it has redicated the entire contents on "opperation."

Here is some from division 12 which has statutes for vehicle standards.
Quote:
24001. This division and Division 13 (commencing at Section 29000),
unless otherwise provided, applies to all vehicles whether publicly
or privately owned when upon the highways, including all authorized
emergency vehicles.
Sound GENERAL to all right? Nope. It appies only to cars I guess and not to people at all. But ion the event it does applie to "drivers" lets see what the driver cannot do.
Quote:
24002. (a) It is unlawful to operate any vehicle or combination of
vehicles which is in an unsafe condition, or which is not safely
loaded, and which presents an immediate safety hazard.
(b) It is unlawful to operate any vehicle or combination of
vehicles which is not equipped as provided in this code...

Quote:
24002.5. (a) No person may operate a farm labor vehicle

Here is another BULLS#$T law. Just remember to change all of the shalls to must so your brain perceives it right... Oh what the hell... here is a treat.
Quote:
(All appeances of "MUST" are in substitution for "shall)24003. No vehicle MUST be equipped with any lamp or illuminating device not required or permitted in this code, nor MUST any lamp or illuminating device be mounted inside a vehicle unless specifically
permitted by this code. This section does not apply to:
Don't believe me??? Here is CVC sec 15.
Quote:
15. "Shall" is mandatory and "may" is permissive.

Lets look at the same law with MAY in there. The following is what the Legislature and Cops WANT you to think it says.

Quote:
(All appeances of "MAY" are in substitution for "shall)24003. No vehicle MAY be equipped with any lamp or illuminating device not required or permitted in this code, nor MAY any lamp or illuminating device be mounted inside a vehicle unless specifically permitted by this code. This section does not apply to:

This is real ladies and Gentleman. THe law of "no person/car shall" as positive does not work!!!!!
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