What makes a Vehicle a Motor Vehicle

[David Merrill]

By definition in the State of Colorado a vehicle is non-commercial and a motor vehicle is commercial. I had that all proven out in late 2000 but had to use some definitions out of law dictionaries to do so.

The prosecutor objected and I had to resort to the definitions in the C.R.S. but the judge would not let me borrow hers and would not let me take a minute to go downstairs to the law library in the courthouse. So be ready for that if you plan to go there.

The secret to defining the distinction lies in using common and commercial carrier.


Regards,

David Merrill.

[DCLXVI]

Originally Posted by gldskr

DCLXVI
...
Again, you will find no such wording. As mentioned in my previous post, the parameters of a motor vehicle are spelled out in the statutes and it is the applicants responsibility to determine whether his vehicle falls within the classification.
...
gldskr

Gldskr,

Where in a statute are the parameters of a motor vehicle "spelled out"? Do you have an example?

Thank you for your time. I am sorry if you had some issue with my questions. I meant no ill will by them.

: )

[gldskr]

DCLXVI

Originally Posted by California Vehicle Code 415(a)

415. (a) A "motor vehicle" is a vehicle that is self-propelled.

Originally Posted by CVC 670

670. A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

Originally Posted by CVC 470

470. "Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.

Originally Posted by CVC 505

505. A "registered owner" is a person registered by the department as the owner of a vehicle.

In these legal terms there is no presumption/assumption. It is the applicant who makes the presumption that they mean other than what they say. Since the object of the regulation is taxation the state has no power to determine ones taxpayer/nontaxpayer status, ergo, the application. Very similar in intent to a 1040

Extrapolating from these terms a motor vehicle is;

A device that is self propelled by which any fictitional entity or property may be propelled, moved, or drawn upon a highway, etc.

Does the Department have a walk up window where you can register your vehicle? Is there an application? I doubt it, but they do have many windows for those wishing to register their motor vehicle.

But this has all been discussed before. If you have a point to make, please do so.

gldskr

[truthmatrix]

Originally Posted by gldskr

In these legal terms there is no presumption/assumption. It is the applicant who makes the presumption that they mean other than what they say. Since the object of the regulation is taxation the state has no power to determine ones taxpayer/nontaxpayer status, ergo, the application. Very similar in intent to a 1040

gldskr

I concur with glskr.

Remember you are the one seeking permission to register your property as a Motor Vehicle; the state accepts it and now you are under their jurisdiction.

You have told the state that you are a person with a motor vehicle that is seeking regulation within their realm.

Their codes clearly state all motor vehicles are required to be registered. Further only those who have a state issued licence can operate a state regulated motor vehicle.

The answers to your questions often lies within your actions.

TM

[David Merrill]

Originally Posted by truthmatrix

I concur with glskr.

Remember you are the one seeking permission to register your property as a Motor Vehicle; the state accepts it and now you are under their jurisdiction.

You have told the state that you are a person with a motor vehicle that is seeking regulation within their realm.

Their codes clearly state all motor vehicles are required to be registered. Further only those who have a state issued licence can operate a state regulated motor vehicle.

The answers to your questions often lies within your actions.

TM

Here's a fun endeavor.

Instead of simply paying the tax by mail and getting the new stickers, go in and wait it out in line.

When it is your turn tell them that you car is not worth anything. Rumor is they will give you a paper saying they cannot issue a Registration/Tax Receipt and current stickers for your vehicle or motor vehicle.

File the do***ent with the county clerk and recorder so that you publish it in common law and can get plenty of certified copies. When you get stopped and the policeman asks about the expired stickers, show him the do***ent.


Regards,

David Merrill.

[truthmatrix]

Originally Posted by David Merrill

Here's a fun endeavor.

Instead of simply paying the tax by mail and getting the new stickers, go in and wait it out in line.

When it is your turn tell them that you car is not worth anything. Rumor is they will give you a paper saying they cannot issue a Registration/Tax Receipt and current stickers for your vehicle or motor vehicle.

File the do***ent with the county clerk and recorder so that you publish it in common law and can get plenty of certified copies. When you get stopped and the policeman asks about the expired stickers, show him the do***ent.


Regards,

David Merrill.

LOL. I like the sound of that. That would really rattle the brains of the corporate sheeples.

But remember having a state license plate on your property is indicitive that the state still has security interest on your property.

TM

[David Merrill]

Originally Posted by truthmatrix

LOL. I like the sound of that. That would really rattle the brains of the corporate sheeples.

But remember having a state license plate on your property is indicitive that the state still has security interest on your property.

TM

There is only one way around having the plates. Display a Certificate of Search on the vehicle.

www.ecclesia.org/forum/images/suitors/Notice.jpg

However keep in mind it took the impound yard fourteen months to give the fellow his car back.



Regards,

David Merrill.

[DCLXVI]

Originally Posted by gldskr

DCLXVI

In these legal terms there is no presumption/assumption. It is the applicant who makes the presumption that they mean other than what they say.

A device that is self propelled by which any fictitional entity or property may be propelled, moved, or drawn upon a highway, etc.

What is the assumption that I the applicant make when one registers their Automobile as a Motor Vehicle?

Where have you found "person" to mean "fictional entity"?

What about the word "person" did the legislature intend to change when they placed "Natural person" in the list of things a person is?

Are you saying that the original application for registration is what makes the car deemed to be a motor vehicle?

[DCLXVI]

Originally Posted by truthmatrix

Their codes clearly state all motor vehicles are required to be registered.

No it does not. It states that only motor vehicles that are used on the highways are subject to registration.

[DCLXVI]

4157. In the absence of the regularly required supporting evidence
of ownership upon application for registration or transfer of a
vehicle, the department may accept an undertaking or bond which shall
be conditioned to protect the department and all officers and
employees thereof and any subsequent purchaser of the vehicle, any
person acquiring a lien or security interest thereon, or the
successor in interest of such purchaser or person against any loss or
damage on account of any defect in or undisclosed claim upon the
right, title, and interest of the applicant or other person in and to
the vehicle.

What is the department being protected against? I guess they want me to believe that is for the case when somebody sues them for simply registering the car to the wrong person. However it could also be read to mean to protect a financial interest of the state.

It should also be noted that bonding the car with the state against claims and having the state holding the bond could right there make the vehicle, a motor vehicle. The vehicle would be in commerce and subject to provisions in the ucc. I would think.

The right thing to due might be file an affidavit of ownership at the county recorders office and do not file it with the department or better to actually file the title itself in a recording. Then take a certified copy of that affidavit and send that in to the DMV whereby they cannot accept mere evidence of title but they want the real bond so as to hold it in intrastate and interstate commerce. The DMV might just send this one back as not valid. I really think that they need to hold part of the title, or a lien, or a bond, to make this vehicle into a motor vehicle. Any leasing or renting would qualify as well.

As it has been stated before the state has an interest in regulating the use of objects that are not being used by their sole owners.