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Old 11-09-2006, 06:42 PM
Dillon Hunt's Avatar
Dillon Hunt Dillon Hunt is offline
Practice Makes Perfect
 
Join Date: Dec 2004
Location: ohio tri state area
Posts: 313
operate and drive

6.l. A California appellate court has held:

A driver is one who "is in actual physical control of the vehicle." ( � 69, Veh. Code.) An operator is one who directs or superintends it. (Bosse v. Marye, 809 Cal.App. 109, 118 [250 P. 693].)

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense.

Looks like a company can be considered a driver also.

Dillon
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