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jmbnnr4

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  1. Candidate faces criminal trial for open carry of motorcycle

    in Daily Ride

    Posted

    DEFINITIONS

    In order to understand the correct application of the statute in question, we must first define the terms used in connection with this point of law. As will be shown, many terms used today do not, in their legal context, mean what we assume they mean, thus resulting in the misapplication of statutes in the instant case.

    AUTOMOBILE AND MOTOR VEHICLE

    There is a clear distinction between an automobile and a motor vehicle. An automobile has been defined as:

    "The word `automobile' connotes a pleasure vehicle designed for the transportation of persons on highways."

    American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200

    While the distinction is made clear between the two as the courts have stated:

    "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

    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 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.

    "
    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.

    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.

    TRAVEL

    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 (when being reimbursed for expenses) 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

    "
    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

    Notice that this definition includes one who is "employed" in conducting a vehicle. It should be self-evident that this individual could not be "travelling" on a journey, but is using the road as a place of business.

    OPERATOR

    Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case.

    "It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both "
    operator
    " and "
    driver
    ."

    Newbill vs. Union Indemnity Co., 60 SE.2d 658

    To further clarify the definition of an "operator" the court observed that this was a vehicle "for hire" and that it was in the business of carrying passengers.

    This definition would seem to describe a person who is using the road as a place of business, or in other words, a person engaged in the "privilege" of using the road for gain.

    This definition, then, is a further clarification of the distinction mentioned earlier, and therefore:

    1. Travelling upon and transporting one's property upon the public roads as a matter of Right meets the definition of a traveler.
    2. Using the road as a place of business as a matter of privilege meets the definition of a driver or an operator or both.

    The rest can be found......................... just search right to travel.

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