Friday, November 1, 2013

THE UNALIENABLE RIGHT OF TRAVEL BY CAR, aka HOUSEHOLD GOOD

RELATING TO THE UNALIENABLE RIGHT OF TRAVEL BY CAR, aka HOUSEHOLD GOOD

STATUTES OF CALIFORNIA, 1959 REGULAR SESSION, CHAPTER 3, p. 1531, §310. “Driver license” includes both an operator’s and chauffeur’s license.

See what those sneaky Legislators did there? How many people KNEW that DRIVER LICENSE meant OPERATOR and CHAUFFEUR LICENSE?

"The word 'operator' shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation."
Statutes at Large California, Chapter 412 p. 833

Operator - F.S. (Florida Statutes) 163.566

(10) "Operator" means any person engaged in, or intending to engage in, the business of providing public transportation, but does not include a person engaged primarily in the transportation of children to or from school or a person or entity furnishing transportation solely for his or her or its employees or customers.

You don't say. Gee, too bad they don't teach this stuff to kids. But hey, us adults gotta be able to pick someone's pocket without fear of gettin punched, or worse, right?!

"The term ‘automobile’ is the generic name which has been adopted by popular approval for all forms of self-propelled vehicles for use upon the highways and streets for general freight and passenger service." [Emphasis added]
Vol. 1-2, Huddy, Cyclopedia of Automobile Law (1932), p. 140

Well damn, if we can't use motor vehicle, vehicle, or automobile to identify our ride because those words are words that identify stuff related to commerce, what are we supposed to use? Hmmmm.

Howzabout what the Court of Appeals used in both PONTIUS, v. G. T. McLAIN et al. (1931), 113 Cal. App. 452 and LOUIS BOSSE v. GEORGE T. MARYE, Jr., et al.; RUDOLPH SPRECKELS (1926), 80 Cal. App. 109?:

"one of the machines", or "his machine" or "the machine"

Take a look at the definition of "appliance" as well. Then we have "personal chattel", "consumer goods", and last but certainly not least "personal property". Uh, by the way, are government employees the only ones who know how to identify stuff? Are "We the people..." so damn dumb that we don't know what our property is properly identified as and we need our servants to tell us?

How about we just use the term "car" for sedan-type conveyances? -- rc


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