State Motor Vehicle Codes

[heyday]

Originally Posted by weishaupt1776

heyday, go to Chapter 68 § 784. Executive Head ;

Use 75 OS Ch. 8 Administrative Procedures act

Then study from HERE

I have posted the referenced research there.

Thanks, BTW.

[heyday]

For further reference to the Oklahoma Vehicle Code see the 1929 case RIGGS v. LEININGER


The first license tax on automobiles was levied by chapter 105, Session Laws 1910-11. This act created the State Highway Department and provided for the appointment of a State Highway Commissioner. His duties were limited almost entirely to matters relating to plans for the building and maintenance of improved public highways and collecting the $ 1 license fee provided for in section 7 of the act, and gathering statistics relative to the cost of building and maintenance of improved highways.

16 By article 4, chap. 173, Session Laws 1915, the amount of license tax was increased. The duty of collecting the tax was still placed with the Highway Department. All owners of motor vehicles were required to verify their applications for license, and file same, by mail or otherwise, in the office of the Department of Highways, or with its agent. This is the first mention in the law of an agent of the Highway Department and the first provision for filing with such agent the application for license. No specific authority was provided for the appointment or designation of such agents, nor were their duties specifically defined. No power or authority was conferred upon the Highway Department to maintain or construct, or contract for the maintenance or construction of highways.

17 The registration law was again amended by chapter 290, Session Laws 1919. The duty of collecting the license tax remained with the Highway Department. The owner was required to sign and verify the application for license in duplicate, and file same by mail or otherwise with the Highway Department, or its agent. Again an agent of the department was authorized to receive the application, and no specific authority was given to appoint such agent. No authority was conferred upon the Highway Department by this act to maintain or construct highways.

18 By chapter 211, Session Laws 1919, the position of certain clerks, bookkeepers, enforcement officers, certificate writers, and card writers were created, and it was provided that no fee or charge should be made for swearing to applications or affidavits. Certificates of registration could, at that time, be issued only out of the office of the Department of Highways. No agent could issue such certificates.

19 By chapter 48, Session Laws 1923-24, a State Highway Commission of three members was created, and the Department of Highways was, for the first time, given power and authority to construct and maintain highways, and the state highway construction and maintenance fund was created.

20 Certificates of title were first provided for by chapter 221, Session Laws 1923. This certificate was required to be furnished by the vendor of new vehicles, and was called an abstract. Before application for renewal of license, the owner was required to exhibit the abstract, or certificate of title, to the Highway Department or to the clerk designated by the department. In case the vehicle had no title, due to the fact that the act was not in force at the time of the original purchase thereof, the owner was required to present two witnesses to the Highway Department, or said clerk designated by the department, who were required to write across the first sheet of the abstract the fact that they knew the party to be the owner of the vehicle. The title sheet to be made out in the presence of the said witnesses. If the Highway Department was not then authorized to appoint or designate some person as clerk, other than the regular clerks in the office of the department before whom the owner could produce such witnesses, then every owner of a motor vehicle which had been sold by a dealer prior to the enactment of that law would have been required to appear personally before the department with his two witnesses in order to renew his license. This would have required many thousands of motor vehicle owners at great expense to travel many hundreds of miles to the State Capitol with their respective witnesses. Such was certainly not the intention of the Legislature. It must have intended the department should have power to designate clerks as agents throughout the state before whom the witnesses might appear. Otherwise, with approximately 200,000 automobiles then in the state, some 600,000 persons would have been required to appear in person before the department in Oklahoma City, in order that the owners of the motor vehicles then in use could renew the registration.

21 By chapter 43, Session Laws 1925, official certificates of title were first provided for, and the duty of issuing same was placed upon the Highway Department.

22 By subdivision "h" of section 1 of the act, the term "authorized agent or agents," as applied to that act, was defined as "any clerk of this state designated by the Highway Commission to act as said agent for the Highway Commission." By this act no certificate of registration or number plate can be issued or furnished "by the Highway Commission or its authorized agent," unless the applicant shall at the same time make application for and be granted a certificate of title, or present satisfactory evidence that such certificate covering such vehicle has been previously issued to the applicant. Section 2 of the act provides in part:

"The Highway Commission, or its authorized agent, shall use reasonable diligence in ascertaining whether the facts stated in such application are true, and if satisfied that the applicant is the lawful owner of such motor vehicle, or otherwise entitled to have the same registered in his name, shall thereupon issue an appropriate certificate of title, in triplicate over his signature and code word authenticated by an official seal. The original copy shall be delivered to the applicant, a copy to be mailed forthwith to the Highway Commission, and the third copy to be retained by the issuing officer."

23 This act certainly contemplated the appointment or designation of persons as agents of the department other than clerks at the State Capitol, otherwise there would be no occasion for the provision in section 2 for mailing a copy of the certificate to the Highway Commission. It will be observed that either the Highway Commission or its agent is given authority to issue the certificate, and where it is issued by such agent, he is required to retain a copy thereof.

[heyday]

Here are the Vehicle Codes for all the States.

State Vehicle Code Index

[pumalife]

ORS 2005 59.Oregon Vehicle Code:


Volume 17, Chapters: 801. - 826.
http://www.leg.state.or.us/ors/vol17.html

TOC: http://www.leg.state.or.us/ors/orstc.htm
===== Table Of Contents =====
59. OREGON VEHICLE CODE
801. General Provisions and Definitions for Oregon Vehicle Code
802. Administrative Provisions
803. Vehicle Title and Registration
805. Special Registration Provisions
806. Financial Responsibility Law
807. Driving Privileges and Identification Cards
809. Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment
810. Road Authorities; Courts; Police; Other Enforcement Officials
811. Rules of the Road for Drivers
813. Driving Under the Influence of Intoxicants
814. Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels
815. Vehicle Equipment Generally
816. Vehicle Equipment: Lights
818. Vehicle Limits
819. Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles; Vehicle Identification Numbers
820. Special Provisions for Certain Vehicles
821. Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles
822. Regulation of Vehicle Related Businesses
823. Carrier Regulation Generally
824. Railroads
825. Motor Carriers
826. Registration of Commercial Vehicles

[phreeman2003]

Having paid a visit to the local court house, I figured it high time to find hard copy confirmation of some issues presented in these forums. Well, what do you know? The Illinois laws morph along the lines frequently discussed here.

In 1919, the first enactment of the motor vehicle law only requires chauffer licensing. (see attacment) "(House Bill 474 Approved June 30, 1919) Sec 2 This Act shall be known as the "Motor Vehicle Law..."
Sec. 27 An application for a license to operate motor vehicles as a chauffeur, who is hereby defined to mean any person operating a motor vehicle as a mechanic or employee, and who directly or inderictly receives pay or any compensation whatsoever for any work or services in connection with the operation of a motor vehicle or the tranportation of passengers or merchandise with a motor vehicle for hire or for pecuniary profit, shall be made by mail or otherwise to the Secretary of State, or his duly authorized agent upon blanks prepared by his authority.
In 1933, the Uniform Motor Vehicle Anti-theft Act was enacted requiring application for certificate of titles. FDR and his governor's conference comes to mind.

And, in 1938, the first operator's licenses were required.

[farmer_giles_of_ham]

By following that "morph" it's fairly clear what "transportation" means.

All the vehicle codes revolve around the word "transportation", so it needs to be defined.

Notice that a vehicle is defined by what it transports (carries): persons or property. How about then, when it only "transports" property? That can't be the driver, so the "persons" referred to in the same sentence are not the driver.

We do not self-transport, and I don't think the law is talking about remote-controlled cars.

But we can act like that is the case...hence now all registration and licensing creates implied consent to be treated 'as-though-in-transport'.

The other important word in the definition of a vehicle is "use" : 'is used for'. Another sign of profit or gains, 'uses'. If the device is being "used", that has implications (implied consent).

Mere enjoyment, or private use is another matter. The 'persons or property' are being 'transported' because the device is being 'used' to 'carry'...however this is a rebuttable presumption!

There is no such thing as a "driver's license", or a "license to drive"- there is a driver's license to operate a motor vehicle. Motor vehicles are driven when operated.

[Elect]

Originally Posted by Phssthpok

For Washington State:

RCW- Drivers License

The RCW's (Revised Code of Washington) do not meet the Constitutional requirement to be considered law. But, it's what the judges go by. They are the "legal" statutes... but not the "lawful" laws.

[criminal.politics]

I HAVE HIGHLIGHTED THE AREAS OF CONCERN

FLORIDA STATUES
322.03 Drivers must be licensed; penalties.--

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter.

(a) A person who drives a commercial motor vehicle shall not receive a driver's license unless and until he or she surrenders to the department all driver's licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver's license. Any such person who fails to surrender such licenses or who makes a false affidavit concerning such licenses is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence. Any person who retains a driver's license because of employment or part-time residence shall, upon qualifying for a license in this state, be issued a driver's license which shall be valid within this state only. All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid Florida driver's license at any time.

(2) Prior to issuing a driver's license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 HAS TO DO WITH SUBSTANCE ABUSEor of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver's license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.

(3)(a) The department may not issue a commercial driver's license to any person who is not a resident of this state.

(b) A resident of this state who is required by the laws of this state to possess a commercial driver's license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver's license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.
(THIS IS WHERE THE GET TRICKY)
(4) A person may not operate a motorcycle unless he or she holds a driver's license that authorizes such operation, subject to the appropriate restrictions and endorsements.

(5) It is a violation of this section for any person whose driver's license has been expired for more than 4 months to operate a motor vehicle on the highways of this state.

(6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver's license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant's appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.

NO MATTER HOW YOU READ IT.. IT ALL PERTAINS TO COMMERCIAL USE. (UNDER DRIVERS MUST BE LICENSED!)

ALSO CHECK OUT SOME OF THE FLORIDA DEFINITIONS:
AGAIN MARKED IN RED
"Commercial motor vehicle" means any motor vehicle or motor vehicle combination used on the streets or highways, which:

(a) Has a gross vehicle weight rating of 26,001 pounds or more;
or
(b) Is designed to transport more than 15 persons, including the driver;

HERE IS THE PUNCHLINE:
"Passenger vehicle" means a motor vehicle designed to transport more than 15 persons, including the driver.
(DO YOU DRIVE A PASSENGER VEHICLE)?

"United States" means the 50 states and the District of Columbia. (are you a US citizen of the 50 states and COLUMBIA)?

look at this "DRIVERS MUST BE LICENSED: AND ITS PENALTIES" in your state, tell me what you find?

thanks

[David Merrill]

Very good CP;

I went through something like that in 2000 and had all the definitions down very convincing. I even had the questions for trial of the officer forwarded to the DA so that he would not be able to call surprise. What I did though, was to mix in some definitions from law dictionaries and the DA objected.

So I requested a recess for me to get the same definitions from the C.R.S. - denied. I asked to borrow the "judges" C.R.S. - denied.

So be careful to stay within that body of definitions to make that point.



Regards,

David Merrill.

[criminal.politics]

read this part over and over again.. then apply it to your question. (i may sound rude at times, but i assure you, i am not)

"Commercial motor vehicle" means any motor vehicle (its in the middle of the post under definitions of Florida statues)