Advertisement
d34n

CA Vehicle Code History

Jan 30th, 2016
108
0
Never
Not a member of Pastebin yet? Sign Up, it unlocks many cool features!
text 2.61 KB | None | 0 0
  1. +Jon Doe So I did a little investigation...
  2.  
  3. First I found a nice list of historical CA vehicle code amendments: http://web.archive.org/web/20110921212341/http://web.archive.org/web/20060813150644/http://www.sandiego.edu/lrc/vehicle.html#1915
  4.  
  5. Then I went and looked at each of the PDF copies of the official statutes available online:
  6.  
  7. CA Statutes of 1915, Chapter 188, PDF-Page 404 (see http://clerk.assembly.ca.gov/content/statutes-and-amendments-codes-1915)
  8.  
  9. CA Statutes of 1917, Chapter 218, Page 382 - Amended 1915 code, section 2 left alone (see http://clerk.assembly.ca.gov/content/statutes-and-amendments-codes-1917)
  10.  
  11. CA Statutes of 1919, Chapter 147, Page 191 - Amended 1915 code, section 2 left alone (see http://clerk.assembly.ca.gov/content/statutes-and-amendments-codes-1919)
  12.  
  13. CA Statutes of 1923, Chapter 266, Page 517 - Replaces old convoluted 1915 code + amendments. Notably uses the language *"to repeal all acts or parts of acts in conflict with this act"* at the end of its stated intent. (see http://clerk.assembly.ca.gov/content/statutes-and-amendments-codes-1923)
  14.  
  15. From the 1923 Act: Section 36 (page 522 of CA Statutes of 1923)
  16. "(a) Every owner of a motor vehicle, trailer or semi-trailer which shall be operated upon the public highways of this state shall for each such vehicle owned, except herein as otherwise provided, apply to the division for the registration thereof."
  17.  
  18. I don't see any exceptions for non-commercial travelers as was seemingly available in the 1915 Act.
  19.  
  20. Further, Section 58 (page 531) states:
  21. "Operators and chauffeurs must be licensed. It shall be unlawful for any person to drive any motor vehicle upon any public highway in this state whether as an operator or a chauffeur unless licensed as an operator or chauffeur, except such persons as are expressly exempted under this act."
  22. Section 60 states who is exempt, with no mention of non-commercial travelers.
  23.  
  24. For clarity, in the definitions at the top of the Act, we find:
  25. "Vehicle" Every device in, upon or by which any person or property may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
  26. "Motor vehicle" Every vehicle, as herein defined, which is self-propelled.
  27. "Operator" Every person who drives, operates or is in actual physical control of a motor vehicle upon a public highway.
  28.  
  29. So my question for you is this: Can you show me how not-for-hire travelers are still exempt from registration, license, etc., in the 1923 Act, considering all past laws in conflict are repealed?
  30.  
  31. No, you can't. In this light your filings were indeed frivolous.
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement