Driving = Comercial

[bman]

Kent, WA - 8.09.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
I. "Street" means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the city of Kent open as a matter of right to public vehicular travel. (Ord. No. 3516, § 1, 7-5-00).

Lakewood, WA municipal code § 03.38.030- Definitions. For purposes of this Ordinance, the words or phrases below shall have the following meanings:
G. "Highway" shall mean all impervious ways, lanes, roads, streets, boulevards, and/or places in the City open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns.

Langley, WA municipal code § 17.08.020 Definitions. Where the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision.
N. Road, Public. "Public road" means a road dedicated to and maintained by the state, by Island County, or by the city, and open as a matter of right to public vehicular travel and access.

Lynnwood, WA municipal code § 10.17.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
F. "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Lynnwood open as a matter of right to public vehicular travel. (Ord. 2365 § 1, 2001)

Marysville, WA municipal code § 7.05.030(6) "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Marysville open as a matter of right to public vehicular travel. (Ord. 2159 § 1, 1997).

Monroe, WA municipal code § 17.08.010. Certain words and terms used in this code are defined below to simplify wording, give the meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definition in this code shall prevail. Words not defined shall be presumed to have common and universally accepted dictionary meanings. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense; and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive. The word "city" means the city of Monroe.
R. "Public roads" means all lanes, roads, streets, and alleys which are open as a matter of right to public vehicular traffic.

Pasco, WA municipal code § 26.08.270 Street, Public. "Public Street" means a street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right for public vehicular travel and to provide access now or in the future to adjacent properties. (Ord. 3398 Sec. 2, 1999).

Port Townsend, WA municipal code § 18.04.060 "Public street" means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel.

Seattle, WA municipal code § 25.08.270 Public highway. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right. (Ord. 106360 § 222, 1977.).

Seattle, WA municipal code § 11.14.715 Way open to the public. "Way open to the public" means any road, alley, lane, parking area, path, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further shall mean public playgrounds, school grounds, recreation grounds, parks, parkways, park drives, park paths and wharves, station grounds, and rights-of-way open to the use of the public.

Seatac, WA municipal code § 15.10.630 "Street, Public" All streets, highways, freeways, avenues, lanes, alleys, courts, places, or other public ways in the City, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular and pedestrian access. (Ord. 92-1041 § 1)

Spokane, WA municipal code § 16.10.010 Definitions. As used in this chapter the words and phrases in this section shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates.
G. "Public roadway" shall mean the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

Sumner, WA municipal code § 17.04.060 Definitions. For the purpose of this title, certain words and terms used in this title are defined as follows:
"Street, public" means an approved street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel.

Tukwila, WA municipal code § 8.22.010 Policy - Findings of Special Conditions.
18. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city, when any part thereof is generally open to the use of the public for purposes of vehicular travel or a matter of right.

West Richland, WA municipal code § 16.02.040 Definitions. As used in this title of the West Richland Municipal Code, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
38. "Public street" means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel.

Yelm, WA municipal code § 6.16.010(C) As used in this chapter, "public highway" means every way, lane, road, street, boulevard and every way or place in the city open as a matter of right to public vehicular travel. (Ord. 148 § 1, 1973).

FOREIGN LAW - States:
Arizona - § 42 5062(A): 5. "Public highway" means any way or place in this state that is constructed or maintained with public monies and that is open to use by the public as a matter of right for the purpose of vehicular travel, including a highway under construction.

Colorado - § 33-14-101. Definitions. As used in this article, unless the context otherwise requires:
(12) "Street", "road", "freeway", or "highway" means the entire right-of-way between boundary lines of any of such public ways when any part thereof is open to the use of the public as a matter of right for the purpose of motor vehicle travel.

Colorado - § 155-3. Definitions. [Amended 7-16-96, Ord. 96-12] As used in this Article, the following terms shall have the meanings indicated:

[bman]

"PUBLIC RIGHT-OF-WAY" All streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public as a matter of right for the purpose of vehicular or pedestrian travel, utility installation and for snow storage by the Town of Frisco. [Amended 5-2-1989 by Ord. No. 89-16]

Colorado - § 17-5-30. Definitions. Unless specifically stated otherwise, the following words have the following definitions in this Article:
Street, road, or highway means the entire width between the boundary lines of every way publicly maintained when any part thereon is open to the use of the public for purposes of vehicular travel, or the entire width of every way declared to be to be a public street, road, or highway by any law of the State of Colorado, including, but not limited to, the area intended for pedestrian travel, such as a sidewalk.

Delaware - Title 21, Part I, Ch.1 General Provisions, § 101. Words and phrases. For the purposes of this title, unless the context otherwise clearly indicates:
(22) "Highway" means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

Florida § 633.021 Definitions.--As used in this chapter:
(12) "Highway" means every way or place of whatever nature within the state open to the use of the public, as a matter of right, for purposes of vehicular traffic and includes public streets, alleys, roadways, or driveways upon grounds of colleges, universities, and institutions and other ways open to travel by the public, notwithstanding that the same have been temporarily closed for the purpose of construction, reconstruction, maintenance, or repair. The term does not include a roadway or driveway upon grounds owned by a private person.

Iowa § 321G.1 Definitions. As used in this chapter, unless the context otherwise requires:
20. "Street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. [C71, 73, 75, 77, 79, 81, § 321G.1; 81 Acts, ch 113, § 2]

Idaho - § 49.301(13) Street or Highway -- Street or Highway means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for purposes of vehicular traffic.

Idaho - § 63-2401. Definitions. In this chapter:
(11) "Highways" means every place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel which is maintained by the state of Idaho or an agency or taxing subdivision or unit thereof or the federal government or an agency or instrumentality thereof. Provided, however, if the cost of maintaining a roadway is primarily borne by a special fuels user who operates motor vehicles on that roadway pursuant to a written contract during any period of time that a special fuels tax liability accrues to the user, such a roadway shall not be considered a "highway" for any purpose related to calculating that user's special fuels' tax liability or refund.

Minnesota § 169.01 Definitions. Subd. 29. Street or highway. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic.

New Mexico - State v. Roddy Brennan, 1998-NMCA-176, filed 10/22/98 NM Ct. of Appeals: "Highways as defined in the Motor Vehicle Code include "every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel[.]"

New York state - Article 21 General Provisions:
§ 21.05 Definitions. As used in this article, unless the context requires otherwise:
9. "Highway" shall mean the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.

North Carolina § 20-4.01(13) "Highway" is defined as "the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.

Oregon Vehicle Code § 801.305 "Highway." "Highway" means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. [1983 c.338 §51]

Pennsylvania § 75 Pa.C.S.A. §3101 and 75 Pa.C.S.A. §102. "Trafficway. The entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom."

Pennsylvania - Penn. International Fuel Tax Agreement & Motor Carriers Road Tax Compliance Manual by Penn. Dept. of Revenue, Bureau of Motor Fuel Taxes, Harrisburg, Penn., "II Definitions. . . . "Highway", the Pennsylvania Turnpike and every way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel.

Texas § 114.001. Definitions. In this chapter: (5) "Public highway" means a way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.

South Dakota § 32-14-1. Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34, inclusive, mean:
(11) "Highway," the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel;

Utah § 41-6a-102. Definitions. As used in this chapter:
(20) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

Utah - § 53-3-207. License certificates or driving privilege cards issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation. (1) As used in this section:
(a) "driving privilege" means the privilege granted under this chapter to drive a motor vehicle;

Utah - § 23-13-2 & R657-5-2(6) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

Utah - § 16-2-1. Definitions.
(1) "Roadway" or "Street" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular traffic. Also, any portion of roadway or street improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk.
(2) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or street, whether operable or not, except devices used exclusively upon stationary rails or tracks. This includes but is not limited to cars, trucks, motorcycles, trailers, ATVs, boats, construction equipment, etc. History: 10/98.

[bman]

FOREIGN LAW - Municipal:
Santa Barbara County, CA § 9.04.030 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section.
F. "Street." A way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right of way, including, but not limited to, the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term "street" applies irrespective of what the legal right of way is formally called, whether alley, avenue, court, road, or otherwise. (Ord. 5019, 1997; Ord. 4973, 1996; Ord. 4949, 1996; Prior Code §32.8. and 32.9.).

City of Glendale, CA - Chapter 9.04 Curfew, § 9.04.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless the context otherwise requires:
"Street" means a way or place, of whatever nature, open to the use of the public as a matter of right for vehicular travel or, in the case of a sidewalk, for pedestrian travel. "Street" includes, but is not limited to: traffic lanes, parking lanes, curb areas, sidewalks (whether paved or unpaved), parkways, or any other area found within the legal right-of-way, regardless of what it is formally called, whether alley, avenue, court, highway, road or otherwise. (Ord. 5253 § 2 (part), 2000).

Park County, CO - § 4-200B Definitions. Words and phases used in these Land Use Regulations shall have the following meanings unless a different meaning is contained in another applicable Article or Section or where the context clearly indicates a different meaning is intended. Words and phrases not defined in this Division shall be subject to the written interpretation of the Planning Director pursuant to Section 1-400, subject to appeal as provided by these Regulations.
Capitalization of a term or phrase denotes that the term or phrase is a specifically defined term for purposes of these Land Use Regulations.
Right-of-way: All streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the general public as a matter of right, for the purpose of vehicular or pedestrian travel, and which are held, owned, or controlled by Park County, a incorporated municipality, or the Colorado Department of Transportation. Right of way is synonymous with public roadway, public street, and public way. For purposes of an application for the vacation (abandonment) of a right-of-way, such term shall only include rights-of-way held and owned by Park County, Colorado.

Brighton, CO - § IX, Subdivision Regulations, § VI Definitions. B.- "Right-of-Way, Public." All streets, roadways, bikeways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as matter of right, for the purpose of vehicular or pedestrian travel.

Blanca, CO - Article I. In General, § 1-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Right-of-way, public shall mean all street, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Dillon, CO - § 8-3-20. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Street, road or highway means the entire right-of-way between boundary lines of any such public ways when any part thereof is open to the use of the public as a matter of right for the purposes of motor vehicle travel. (Ord. 2-92; prior code 18-32; Ord. 02-02).

Pueblo, CO - § 17.04.040 Definitions.
A. General. When not inconsistent with the content, words used in the present tense including the future; words in the singular number include the plural number; and the masculine includes the feminine.
B. Specific. For the purpose of this resolution certain words and terms are defined as follows:
"Right-of-Way, Public" means all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as a matter or right, for the purpose of vehicular or pedestrian travel.

Silver Bow, CO - § 10.04.040 Definitions. In this title, unless otherwise provided or the context requires a technical or other interpretation, the following definitions apply:
32. "Highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel, and includes ways which have been or shall be dedicated to public use.

Boise, ID - § 10-01-01 Definitions of words and phrases: Whenever the following words or terms are have the meaning herein ascribed to them:
Street or Highway: The words "Street or Highway" shall be used interchangeably and shall mean the entire width between the boundary lines of every way or place open to the public, as a matter of right for public vehicular travel but not to include alleys.

Haley, ID - § 9.08.010 Definitions. A. "Streets" means a way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel. The term "street" includes the legal right-of-way, including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise. The term "street" shall also include shopping centers, parking lots, parks, playgrounds, cemeteries, public buildings and similar areas that are open to the public.

Haley, ID - § 10.24.020 Definitions. For the purposes of this chapter, the following definitions shall apply:
"Highway" means any way or place of whatever nature open to the use of the public as a matter of right for the purposes of vehicular travel or parking of motor vehicles which is maintained by the state or some taxing subdivision or unit thereof, or the federal government or any agency thereof.

Ramsey, MN (Anoka County) - § 6.04.03 Definitions. For the purposes of this Section, the words and terms listed below shall be defined as follows:
"Street or Highway" shall mean the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic (includes the right-of-way or boulevard). For the purposes of this section, Streets or Highways not dedicated for public use and not maintained by the City are not included within this definition.

Clark County, NV - § 5.02.010 Definitions. (a) For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.
(39) "Street" means the surface, the air space above the surface and the area below the surface of the full width of the right-of-way, including sidewalks and thoroughfares, places or ways of any kind used by the public or open to the public as a matter of right for the purposes of vehicular traffic or vehicular and pedestrian traffic.

Lindon, UT - § 9.22.020 Definitions. For the purpose of this Chapter, terms "child" and "children" mean any person under the age of eighteen (18) years.
4. "Public places" means any place open to the public, whether privately owned, including but not limited to parking lots and the interior and exterior of commercial establishments such as restaurants, stores, or places of entertainment. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes that legal right of way, including but not limited to traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way.

Please note the continued use of the phrase as a "matter of right" in all of these newer codes.I guess this means it it a RIGHT not a privilege.

[Shoonra]

Originally Posted by bman

Please note; the RCW’S declare that they do not change any Previous laws, and if there is any inconsistency the previous laws shall control, that seems to be very straight forward.

That's SOP for codifications. What's your point in repeating this as if it were important??

Originally Posted by bman

Definitions provided here for your convenience;

As a legal bibliographer, I know very well what "revised" and "code" means and I am very curious as to how you could avoid quoting the appropriate definitions for their usage in this discussion.

Originally Posted by bman

Current federal definition below
The distinction is made very clear in Title 18 USC 31:
"Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property.

Lest anyone think this is an all-purpose definition for motor vehicle, this is (a) an obsolete text of (b) a definition for a special purpose.

You have quoted the definition contained in the 1956 Act that created 18 USC 31, an Act which confined itself to making it a federal crime to damage or destroy an airplane. This was in response to the murder, by John G. Graham, of his mother and 65 other passengers on an airplane, on 1 Nov 1955, by means of a suitcase bomb. Graham v. People (1956) 134 Colo. 290, 302 P2d 737. This was a famous investigation done by the FBI at the request of state authorities. At the time, this crime could only be prosecuted as murder and only by state authorities, as it was not a federal crime. 18 USC 31 begins "When used in this chapter the term -", and the chapter consists of the sections about terrorist acts against airplanes and other interstate carriers, so it was not intended to include personal vehicles. Some years after 1956, the definition you quote was amended to include "cargo".

I am curious why you avoided using the definition given in the US Code title on Transportation, namely 49 USC sec 30102(a)(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.

So this definition (from a 1994 law) includes personal automobiles, as well as motorcycles, trucks, vans, buses, and the like, but excludes off-highway equipment like a forklift or a tractor and excludes also a trolley car or subway.

[Codee]

Originally Posted by bman

Please note; the RCW’S declare that they do not change any Previous laws,

It sure as hell did. It just did not change "imediately preceeding existing laws" repealed laws which are "prior" do not gain force and effect by this enactment.

and if there is any inconsistency the previous laws shall control, that seems to be very straight forward.

It is strigt forward and also wrong. It did not change EXISTING LAWS!!!

This RCW below is current as of today
RCW1.04.021
Rule of construction — Prima facie law.
The contents of said code shall establish prima facie the laws of this state of a general and permanent nature in effect on January 1, 1949,

but nothing herein shall be construed as changing the meaning of any such laws. In case of any omissions, or any inconsistency between any of the provisions of said code and the laws existing immediately preceding this enactment, the previously existing laws shall control. [1950 ex.s. c 16 § 2.].

So what laws were there imediately preceeding this code which this code is not changing. Did they "Repeal and reinact" the code. If so the old Vehicle code was not "Existing law" but "repealed law." This in California is done to avoid ammendment by substitution. Thus the current vehicle code is NEVER overuled by the repealed law.

Bouviers 1856 Edition
PRIMA FACIE. The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorsed in blank, is prima facie its owner.
2. Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted.


Definitions provided here for your convenience;

revised
1. rethink something: to come to different conclusions about somebody or something after thinking again
2. give updated version of something: to change a previous estimate in order to make it more accurate or realistic
3. alter something for correction or updating: to amend a text in order to correct, update, or improve it

Revised is just a name. To assaign meaning to law based soley on the title of the code is so folly I can not begin to describe.

Definition:
code
1. system of letters, numbers, or symbols: a system of letters, numbers, or symbols into which normal language is converted to allow information to be communicated secretly,
Encarta ® World English Dictionary

Boy I see this dictionary cited all the time in court.

"A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received."
International Motor Transit Co. vs. Seattle, 251 P. 120

More non-law. case law is evidense of law. What law are you attempting to evidense?

The term `motor vehicle' is different and broader than the word `automobile.'"
City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232
The RCW’S did not change these definitions

More non-law. case law is evidense of law. What law are you attempting to evidense?

Current federal definition below
The distinction is made very clear in Title 18 USC 31:
"Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property.

This definition above ONLY PERTAINS TO CHAPTER 2.

"Used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other considerations, or directly or indirectly in connection with any business, or other undertaking intended for profit.
The federal definition is the same as it has always been.
Clearly, an automobile is private property in use for private purposes, while a motor vehicle is a machine which may be used upon the highways for trade, commerce, or hire.
The term "travel" is a significant term and is defined as:
"The term `travel' and `traveler' are usually construed in their broad and general sense ... so as to include all those who rightfully use the highways viatically …and who have occasion to pass over them for the purpose of business, convenience, or pleasure."
25 Am.Jur. (1st) Highways, Sect.427, Pg. 717

Federal Law not controlling in states licensing schemes of autos

"Traveler -- One who passes from place to place, whether for pleasure, instruction, business, or health."
Locket vs. State, 47 Ala. 45;
Bovier's Law Dictionary, 1914 ed., Pg. 3309

"Travel -- To journey or to pass through or over; as a country district, road, etc. To go from one place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile, carriage, ship, or aircraft; Make a journey."
Century Dictionary, Pg. 2034

Therefore, the term "travel" or "traveler" refers to one who uses a conveyance to go from one place to another, and included all those who use the highways as a matter of Right.
Notice that in all these definitions, the phrase "for hire" never occurs. This term "travel" or "traveler" implies, by definition, one who uses the road as a means to move from one place to another.
Therefore, one who uses the road in the ordinary course of life and business for the purpose of travel and transportation is a traveler.
Driver
The term "driver" in contradistinction to "traveler," is defined as:
"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle ..."
Bovier's Law Dictionary, 1914 ed., Pg. 940

Hmmm. Words probably have been redefined and have done so in the context of statute thereby making any dictionary entry MOOT!

49 USC sec 30102(a)(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.

Thanks Shoonra. I have been showing this law to people using the chapter two one for years. They go and find the law that is only applicable to chapter 2 of title 18 and pow it becomes "The federal definition." Then you show them the above law which is not limited to chapter two of title 18 and they just reject it. BECAUSE THEY ARE DUMBASSES!!! The whole lot of them.

So in the end your argument SUCKS and has the legal autority of four year old and his box of crayons.

[Shoonra]

Additionally many (most) of the court decisions cited by Bman were some very old ones that did not deal with DLs at all but dealt with such things as cities or states trying to give anticompetitive advantages to one bus company or taxi company to the exclusion of all others; the sort of legislation that wouldn't be tried now.

None of the decisions actually said that someone could operate a car on the public road without a DL.

[bman]

Let me get this straight, you are saying that unless the government confirms in a rule, code , statute or whatever, specifically that one can travel ( behind the wheel) in a car, automobile, motor vehicle, one can not do so without a “license” issued as a privilege to use the highways by the government?
Please forgive me for asking but , when can the government legislate or interfere upon a”RIGHT”? is there a code or rule or statute or something that allows that to happen, please oh please cite that specific information.
Maybe the Supreme Court of the United States or the many State Supreme Courts were not aware of that information that you seem to possess.

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
Miranda vs. Arizona, 384 US 436, 49

"The claim and exercise of a constitutional Right cannot be converted into a crime."
Miller vs. U.S., 230 F. 486, 489

"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
Snerer vs. Cullen, 481 F. 946


I notice that you did not respond to any of the “NEW” codes posted above that specifically declare the use of the streets, roads, highways as a matter of “RIGHT”, please explain.
You have stated that the “CODE” is the most up to date reference of the “LAW”.
Do you not know what “RIGHT” means? Please post your definition of “RIGHT” so that we all may see what you are trying to convey to us.

Or if you prefer you could always ask you friendly government employee what a “RIGHT” is ,and if you happen to have any “RIGHTS”, or not.
By the way “RIGHT” has its definition stated in a very old document (not new as you seem to prefer) which we in the United States of America call the Constitution.

Please your comments on ;

RCW1.04.021
Rule of construction — Prima facie law.
The contents of said code shall establish prima facie the laws of this state of a general and permanent nature in effect on January 1, 1949, but nothing herein shall be construed as changing the meaning of any such laws. In case of any omissions, or any inconsistency between any of the provisions of said code and the laws existing immediately preceding this enactment, the previously existing laws shall control. [1950 ex.s. c 16 § 2.].

So If no laws ,(which include the definitions of certain words), have been changed, and certain codes or rules are violative of that pesky old Constitution then they are not a "law" at all ,at least according to some "very old guys in black robes", that interpret these things for us.

Why do you take such an offense to my supplying of the definition of “REVISED” and “CODE” ?
Could you please explain why your knowledge of this definition would be of interest to the rest of us.
Why don’t you post the “correct” definition for all of us to see.

Oh and by the way, please no more jibberish just the facts.

Please note: I am only the messenger of this information, if you don’t think these codes should be written or presented in the manner they are written maybe you should contact the appropriate government employee and suggest they change them to suit your wishes more appropriately.

[Shoonra]

And again, NONE of the cases you cite involve the question of driving without a DL.

No court has ever held that driving a car (or operating a motor vehicle or whatever nomenclature you want) on the public roads was a Right. They have also said that it is a privilege that should be and is restricted to licensed drivers.

[FreeFromContract]

Originally Posted by Shoonra

And again, NONE of the cases you cite involve the question of driving without a DL.

No court has ever held that driving a car (or operating a motor vehicle or whatever nomenclature you want) on the public roads was a Right. They have also said that it is a privilege that should be and is restricted to licensed drivers.

And yet people continue to stand up for their right to (insert whatever you want to call it here) in court and get their cases dismissed or the charges are dropped. But you can't admit that the successes listed on this and other sites are real and since you have no explanation for it, well, it really doesn't happen.

[Dillon Hunt]

Originally Posted by Shoonra

And again, NONE of the cases you cite involve the question of driving without a DL.

No court has ever held that driving a car (or operating a motor vehicle or whatever nomenclature you want) on the public roads was a Right. They have also said that it is a privilege that should be and is restricted to licensed drivers.

How can you drive without traveling ? The Right to Travel to my property with my car. Right of access.