Vehicle Code Remedy

[Ownmaster]

An article is a word that combines with a noun to indicate the type of reference being made by the noun. The three main articles are the, an, a. They are described below. Another word for an article is call a "Noun marker" which is an archaic word for what we now call "articles" (in the context of grammar). [1]

It is sometimes wondered which part of speech articles belong to. Since articles modify nouns, either alone or in combination with an adjective, they are, by definition, adjectives.

Articles can have various functions:[2]

* A definite article (English “the”) is used before singular and plural nouns that refer to a particular member of a group.

The cat is on the black mat.

* An indefinite article (English a, an) is used before singular nouns that refer to any member of a group. [Like the group of “self propelled vehicles.” “Motor Vehicle” is but one member of the “group.”]

A cat is a mammal.

* A partitive article indicates an indefinite quantity of a mass noun; there is no partitive article in English, though the words some or any often have that function. [So does “all”.]

French: Voulez-vous du café ? ("Do you want some coffee?" or "Do you want coffee?")

* A zero article is the absence of an article (e.g. English indefinite plural), used in some languages in contrast with the presence of one. Linguists hypothesize the absence as a zero article based on the X-bar theory.


“An indefinite article (English a, an) is used before singular nouns that refer to any member of a group.” The preceding sentence the meaning ascribed to an “indefinite article.” So that means that “motor vehicle” is a specialized SUBSET of “self propelled vehicle.” Ask your self is the statement “a cat is every mammal,” true? Of course it is not. And that is the example right off the wikkipedia article (And no I did not author it!)

THE VEHICLE CODE of 1959

THE VEHICLE CODE of 1959

(Stats. 1959, Ch. 3, p. 1523, in effect September 18, 1959)
"An act to repeal and re-enact the Vehicle Code and to add Chapter 6.5 (commencing at Section 3067) to Title 14, Part 4, Division 3 of the Civil Code and to amend Section 11004.5 of the Revenue and Taxation Code, relating to vehicles."

VEHICLE CODE (1959), Section 1:

"The Vehicle Code is repealed."

[Ownmaster]

VEHICLE CODE (1959), Section 2:

"The Vehicle Code is enacted to read:

"GENERAL PROVISIONS

"1. This act shall be known as the Vehicle Code.
"2. The provisions of this code, insofar as they are substantially the same as the existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

"3. All persons who, at the time this code goes into effect, hold office under the code repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

"4. No action or proceeding, commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken shall conform to the provisions of this code so far as possible."



CURRENT VEHICLE CODE!

Now it is time to take a look at the new vehicle code. We will see that when the term “motor vehicle” is still limited to “some” (a true indefinite article for “mass nouns) self propelled vehicles, thus leaving a vagueness as to what was and what was not any “motor vehicle”.


California Vehicle Code as of 2007

415. (a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair,
motorized tricycle, or motorized quadricycle, if operated by a person
who, by reason of physical disability, is otherwise unable to move
about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of
Division 2, "motor vehicle" includes a recreational vehicle as that
term is defined in subdivision (a) of Section 18010 of the Health and
Safety Code, but does not include a truck camper.

[Ownmaster]

Now look at our general applicable “explanatory” section 415 and compare it to all of the “limited scope” explanatory law, section 2981, provided after it..

415. Motor vehicle
(a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
West's Ann.Cal.Veh. Code (2003), section 415.

2981. Definitions
As used in this chapter, unless the context otherwise requires:
. . .
(k) "Motor vehicle" means any vehicle required to be registered under the Vehicle Code which is bought for the use primarily for personal or family purposes, and does not mean any vehicle which is bought for use primarily for business or commercial purposes or a mobilehome, as defined in Section 18008 of the Health and Safety Code which is sold on or after July 1, 1981. "Motor vehicle" does not include any trailer which is sold in conjunction with a vessel and which comes within the definition of "goods" under Section 1802.1.

West's Ann.Cal.Civ. Code (2003), section 2981

2985.7. Definitions
(a) "Motor vehicle" means any vehicle required to be registered under the Vehicle Code. Motor vehicle does not include any trailer which is sold in conjunction with a vessel.
West's Ann.Cal.Civ. Code (2003), section 2985.7 (emphasis added).

7325. Motor vehicle
"Motor vehicle" includes every self propelled vehicle operated or suitable for operation on the highway, except a vehicle used exclusively on stationary rails or tracks.
West's Ann.Cal.Rev.& Tax. Code (2003), section 7325 (emphasis added).

8603. Motor vehicle
As used in this part "motor vehicle" includes every self-propelled vehicle operated or suitable for operation on the highway, except a vehicle used exclusively upon stationary rails or tracks.
West's Ann.Cal.Rev. & Tax. Code (2003), section 8603 (emphasis added).

383.6. Scope of phrase "motor vehicle" or "motor vehicles"
The phrase "motor vehicle" or "motor vehicles" as used in section 383.5 includes, but is not limited to:
(a) Trailers, house trailers, mobilehomes, campers and all other wheeled vehicles or nonwheeled structures so made as to be capable of being moved as a compatible portion thereof, or trailed behind, any motor vehicle as that term is defined in the Vehicle Code, whether in immobile position or not.
(b) Motorcycles, motorbikes and motor scooters, except powered bicycles not manufactured for inclusion of a motor.
West's Ann.Cal.Ins. Code (2003), section 383.6.


It is important to see above that the term “is” is used only in the general definition. I think when the context of these other limited scope definitions are explored we will see their commercial connotation.

[Ownmaster]

California Vehicle Code as of 2007

260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section
6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6

We also know that when the legislature changed the term from “All” to “A” that it did so with a reason:

Harding v. Lohman, 27 S.W.3d 820, 824

“When the Legislature amends a statute, it is presumed that its intent was to effect some change in the existing law.“

The following is history of the definition of the term “motor vehicle” as it has been defined in California law. It is all in order and in color so it cannot be missed. Please note the change to the term “a” from the term “all”.

motor vehicle act (1905),

Section 1(1). "motor vehicle" shall include all vehicles…


The motor vehicle act, as amended (1913):

Section 1(1). "motor vehicle" shall include all vehicles…

The Motor Vehicle Act (1915),

Section 1(1). "motor vehicle" shall include all vehicles…

The Motor Vehicle Act (1915),

Section 1(18): "vehicle" shall include every… automobile…

The Motor Vehicle Act (1915),

Section 1(2): "automobile" shall include all motor vehicles

California Vehicle Code as of 2007

415. (a) A "motor vehicle" is a vehicle…

Discussion on “Is” and “A”

[Ownmaster]

The following list is to show the persistence of the placement of the terms “any” and “all” and “every” up until the current day (2007) vehicle code. This list I tried to limit to definitions of different operators, motor vehicles and vehicles.


motor vehicle act (1905),

Section 1(1). "motor vehicle" shall include all vehicles…

motor vehicle act (1905),

Section 1(5). "chauffeur" shall mean any person…


motor vehicle act (1905),

Section 2, Subdivision 1. Every person who…


The motor vehicle act, as amended (1913), Section 1(17):

"person" shall include any corporation…


The motor vehicle act, as amended (1913):

Section 1(8). "chauffeur" shall mean any person who…


The motor vehicle act, as amended (1913), Section 1(16):

"operator" shall mean any person other than…


The motor vehicle act, as amended (1913):

Section 1(1). "motor vehicle" shall include all vehicles…


The Motor Vehicle Act (1915),

Section 1(1). "motor vehicle" shall include all vehicles…


The Motor Vehicle Act (1915), Section 1(18):

Section 1(18): "vehicle" shall include every… automobile…


The Motor Vehicle Act (1915), Section 1(2):

"automobile" shall include all motor vehicles


The Motor Vehicle Act (1915), Section 1(16):

[Ownmaster]

"person" shall include any corporation…


The Motor Vehicle Act (1915), Section 1(8):

"chauffeur" shall mean any person who operates…

The Motor Vehicle Act (1915), Section 1(15):

"operator" shall mean any person other than…

Vehicle Code (1935), Section 32:

"Motor vehicle." A "motor vehicle" is a vehicle…

Vehicle Code (1935), Section 71:

"Chauffeur." "Chauffeur" is a person who…

Vehicle Code (1935), Section 70:

"Operator." "Operator" is a person, other than…

Vehicle Code (1935), Section 31:

"Vehicle." A "vehicle" is a device…

California Vehicle Code as of 2007

415. (a) A "motor vehicle" is a vehicle

California Vehicle Code as of 2007

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

Above we can clearly see a shift from the use of the word “All” to “a” (Red TO Blue) and “Shall include”/”Shall mean” to “is”. It is the opinion of this author that the shift from “shall mean” and “shall include” to the term “is” was done so to make the words following it nothing more than a characteristic and not as a definition that excludes all others. The term “include” is used to exclude all others. Thus the term “motor vehicle includes vehicles…” to exclude all other types. It means “all vehicles.” When the term “a” is thrown in there is confounds the situation and makes it rendered as vague. When it is vague we go to the original intent of the legislature.

“Is” seems more appropriate for attaching a characteristic to something. Like “The day is hot” is used to joint the character “hot” with the something “day”. However this does not make “all days, are hot”. It is when “a” is used with “is” that the mischief begins. If I were to say “A day is hot” it does not mean that “everything hot is a day.”

If I were to say “Cat includes a kitten” I am indeed saying that all kittens are cats. This is a proper way that “a” is synonymous with “any.” “Includes” is not assigning a characteristic as much as placing it in a class. The reason this works is that the inverse statement functions on the inverse of the “inclusion”. The inverse of “includes” is “part of”. So here the inverse statements ALWAYS are true if the original “inclusion” was true. It goes like “If I was included, then I am part of it.”

[Ownmaster]

If I were to say that “a cat is any kitten” then that statement is false. Here the inverse statement does not work. To say that something is something else is not to mean that literally. It has the meaning of assigning a characteristic to the something of that something else. A characteristic is it self a subset of the whole. There for you cannot say that something smaller then the whole has the whole as a subset. This is an error in logic.

Lets look at the terms “is” and “means” and “includes” and “deemed”. These four words are the only ways I see the legislature explaining terms with. Following is an example of all of the terms used in proximity to each other in the same code.

CALIFORNIA GOVERNMENT CODE

10. "Section" means a section of this code unless some other
statute is specifically mentioned. "Subdivision" means a subdivision
of the section in which the term occurs unless some other section is
expressly mentioned.

12.5. The Legislature hereby declares its intent that the terms
"man" or "men" where appropriate shall be deemed "person" or "persons"
and any references to the terms "man" or "men" in sections of this
code be changed to "person" or "persons" when such code sections are
being amended for any purpose. This act is declaratory and not
amendatory of existing law.

13. The singular number includes the plural, and the plural the
singular.

14. "Shall" is mandatory and "may" is permissive.

Are these all definitions? Lets now look a the definition of definition. Since we have already done a Bill Clinton and called into question what the meaning of “is”, “is”.

Lets look at a statute from the California Government Code. In this section we will see some thing very funny. I will set it out in boldface.

CURRENT CALIFORNIA GOVERNMENT CODE

17. "Person" includes any person, firm, association, organization,
partnership, limited liability company, business trust, corporation,
or company.


Very funny that they need to define “person” as “any person” for this code. I wonder what significance that has? Could it be that here they wanted “person” to mean “any person”? Here is another example of “is” meaning a characteristic.

CURRENT CALIFORNIA GOVERNMENT CODE

14. "Shall" is mandatory and "may" is permissive.

This does not mean that permissive/permission is may. The sentence makes no sense.

COMMERCIAL MOTOR VEHCILE AND MOTOR VEHICLE

[Ownmaster]

So now lets look at a vehicle and how it becomes a motor vehicle. Lets look at “commercial motor vehicle” and see if it encompasses all types of regulatory commerce. So now lets look at a car and where it become a motor vehicle.


CALIFORNIA VEHICLE CODE

4000. (a) (1) No person shall drive, move, or leave standing upon a
highway, or in an offstreet public parking facility, any motor
vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly,
unless it is registered and the appropriate fees have been paid under
this code or registered under the permanent trailer identification
program, except that an off-highway motor vehicle which displays an
identification plate or device issued by the department pursuant to
Section 38010 may be driven, moved, or left standing in an offstreet
public parking facility without being registered or paying
registration fees.
…

(g) For purposes of this section, possession of a California
driver's license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.

Why is the term “registered owner” used and then “owner”? Is there a presumption that the owner of my vehicle is a business engaged in commerce that is not the transporting of persons and property for hire? It sure does look like that.

Above we see that “Motor Vehicles” are required to be registered just to be “moved” on the highway. So this is where the commercial connotation must lie. Lets look at the codes which establish the procedure on registration.

CALIFORNIA VEHICLE CODE

4150. Application for the original or renewal registration of a
Vehicle of a type required to be registered under this code shall be
made by the owner to the department upon the appropriate form
furnished by it and shall contain all of the following:
(a) The true, full name, business or residence and mailing
address, and driver's license or identification card number, if any,
of the owner, and the true, full name and business or residence or
mailing address of the legal owner, if any.
(b) The name of the county in which the owner resides.
(c) A description of the vehicle, including the following data
insofar as they may exist:
(1) The make, model, and type of body.
(2) The vehicle identification number or any other identifying
number as may be required by the department.
(3) The date first sold by a manufacturer, remanufacturer, or
dealer to a consumer.
(d) Any other information that is reasonably required by the
department to enable it to determine whether the vehicle is lawfully
entitled to registration.

[Ownmaster]

In the above the code is stating that any vehicle required to be registered under the code can be under this section. After registration however the vehicle may become a motor vehicle. The above code is for original and renewal. In the original the vehicle is just a vehicle. Below the code talks of renewal of “motor vehicles.” Maybe renewal alone is for already registered, therefor, motor vehicles. At this point it looks to me like a motor vehicle may be a vehicle that is in commerce by virtue of joint ownership or security interest in the vehicle or by the state holding pieces of the full title.



CALIFORNIA VEHICLE CODE

4000.37. (a) Upon application for renewal of registration of a
motor vehicle, the department shall require that the applicant submit
either a form approved by the department, but issued by the insurer,
as specified in paragraph (1), (2), or (3), or any of the items
specified in paragraph (4), as evidence that the applicant is in
compliance with the financial responsibility laws of this state.




CALIFORNIA VEHICLE CODE

460. An "owner" is a person having all the incidents of ownership,
including the legal title of a vehicle whether or not such person
lends, rents, or creates a security interest in the vehicle; the
person entitled to the possession of a vehicle as the purchaser under
a security agreement; or the State, or any county, city, district,
or political subdivision of the State, or the United States, when
entitled to the possession and use of a vehicle under a lease,
lease-sale, or rental-purchase agreement for a period of 30
consecutive days or more.


THE ADMINISTATIVE PROCEEDURES ACT (APA)

These traditionally are further defined in the Rules and Regulations. Remember that were are looking for the verb “to be” in with “a”


CURRENT CALIFORNIA VEHICLE CODE

“40800. Every traffic officer on duty for the exclusive or main
purpose of enforcing the provisions of Division 10 or 11 of this code
shall wear a full distinctive uniform, and if the officer while so
on duty uses a motor vehicle, it must be painted a distinctive color
specified by the commissioner.”

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BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 2. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL

[Ownmaster]

CHAPTER 5. SPECIAL VEHICLES
ARTICLE 5. COLOR OF TRAFFIC LAW ENFORCEMENT VEHICLES
This database is current through 7/13/07, Register 2007, No. 28

DIVISION 2. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL
CHAPTER 5. SPECIAL VEHICLES
ARTICLE 5. COLOR OF TRAFFIC LAW ENFORCEMENT VEHICLES
Sec. 1140. Scope.
Sec 1141. Color Requirements.

Sec 1140. Scope.
This article shall apply to the color of motor vehicles used by police and traffic officers on duty for the exclusive or main purpose of enforcing the provisions of Divisions 10 or 11 of the Vehicle Code, as provided in Section 40800 of the Vehicle Code.

<General Materials (GM) - References, Annotations, or Tables>

Note: Authority cited: Section 2402, Vehicle Code. Reference: Section 40800, Vehicle Code.

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BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 2. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL
CHAPTER 5. SPECIAL VEHICLES
ARTICLE 5. COLOR OF TRAFFIC LAW ENFORCEMENT VEHICLES
This database is current through 7/13/07, Register 2007, No. 28
Sec 1141. Color Requirements.


Each motor vehicle shall have an exterior finish, exclusive of wheels, trim, and identification indicia, as follows:
(a) Vehicles Except Motorcycles.

Vehicles, except motorcycles, shall be painted:

(1) Entirely white; or


(2) White, except that an area not less than and including the front door panels shall be black; or


(3) Black, except that an area not less than and including the front door panels shall be white; or


(4) Any other color that contrasts sharply with white, providing an area not less than and including the front door panels is white and the indicia or names of governmental entities operating the vehicles are displayed on the front door panels.


(b) Stripes. Painted stripes, if used, shall be no wider than 6 inches.