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United States Code question about motor vehicles and traffic laws.

On Lawyer & Legal » Traffic Law

7,719 words with 11 Comments; publish: Mon, 12 Jan 2004 03:56:00 GMT; (80097.66, « »)

The state is:

Michigan

Does the United States Code specify what vehicles, objects, etc are legal to have on a US road or highway? And do traffic laws apply only to motor vehicles, or to other vehicles or objects as well, and where is this defined and specified?

Thanks for any help you can provide. I have yet been unable to find this information.

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  • 11 Comments
    • Each state makes its own rules. If a vehicle is legal in the state in which it's registered, it's usually legal in other states, even if it doesn't meet the requirements of the other state's laws.
      #1; Mon, 12 Jan 2004 12:12:00 GMT
    • Funny how much energy can be invested in such frivolous endeavors...
      #2; Wed, 14 Jan 2004 10:03:00 GMT
    • The NHTSB sets the federal standards that all new vehicles sold in the US must meet. From there, each state can add there own standards.
      #3; Mon, 12 Jan 2004 13:48:00 GMT
    • "Each state makes its own rules. If a vehicle is legal in the state in which it's registered, it's usually legal in other states, even if it doesn't meet the requirements of the other state's laws."

      Not necessarily true. Some states have different restrictions about what can be added to a vehicle. If you are driving in that state you are subject to receiving a ticket.

      #4; Mon, 12 Jan 2004 17:08:00 GMT
    • I gots one word: treadmill.
      #5; Wed, 14 Jan 2004 10:14:00 GMT
    • Don't forget carousel, round and round we go.
      #6; Wed, 14 Jan 2004 10:15:00 GMT
    • Quote:
      === Original Words ===

      Raptor13x

      What is the name of your state?

      Michigan

      Does the United States Code specify what vehicles, objects, etc are legal to have on a US road or highway? And do traffic laws apply only to motor vehicles, or to other vehicles or objects as well, and where is this defined and specified?

      Thanks for any help you can provide. I have yet been unable to find this information.

      **A: why do you ask, are you driving a tank?
      #7; Mon, 12 Jan 2004 12:52:00 GMT
    • Why do I care about this?

      Because if I can find somewhere that says traffic laws apply ONLY to motor vehicles, then all traffic laws become null and void with non-motor vehicles.

      Title 18, Section 31 of the United States Code defines "motor vehicle" as a:

      carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

      Section 31 also defines "used for commercial purposes" as the:

      carriage of persons or property for any fare, fee, rate, charge, or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

      Just that right there means we dont legally need a drivers license, insurance, registration, license plates, etc to operate a car on the road, so long as we arent transporting goods or passengers for hire. Why dont you need a drivers license? Because "driver" is a legal term, meaning "someone who operates a motor vehicle". Therefore legally if you operate a car used for non-commercial purposes, you are not a "driver", and have no use for a driver's license.

      And if I can find somewhere that states traffic laws are only applicable to motor vehicles then we would have a perfectly legal and legitimate loophole around those rediculously stupid traffic tickets, which if you ask me, are unconstitutional.

      #8; Mon, 12 Jan 2004 18:56:00 GMT
    • Oh lord, you sound like one of those idiotic constitutionalists.

      Title 18 Section 31 deals with aircraft, and has no bearing on automobiles.

      Sec. 31. - Definitions

      (a) Definitions. -

      In this chapter, the following definitions apply:

      (1) Aircraft. -

      The term ''aircraft'' means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.

      (2) Aviation quality. -

      The term ''aviation quality'', with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations).

      (3) Destructive substance. -

      The term ''destructive substance'' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature.

      (4) In flight. -

      The term ''in flight'' means -

      (A)

      any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and

      (B)

      in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.

      (5) In service. -

      The term ''in service'' means -

      (A)

      any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and

      (B)

      in any event includes the entire period during which the aircraft is in flight.

      (6) Motor vehicle. -

      The term ''motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

      (7) Part. -

      The term ''part'' means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment.

      (8) Space vehicle. -

      The term ''space vehicle'' means a man-made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere.

      (9) State. -

      The term ''State'' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

      (10) Used for commercial purposes. -

      The term ''used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

      (b) Terms Defined in Other Law. -

      In this chapter, the terms ''aircraft engine'', ''air navigation facility'', ''appliance'', ''civil aircraft'', ''foreign air commerce'', ''interstate air commerce'', ''landing area'', ''overseas air commerce'', ''propeller'', ''spare part'', and ''special aircraft jurisdiction of the United States'' have the meanings given those terms in sections 40102(a) and 46501 of title 49.

      I suggest reading the WHOLE law before making stupid comments reguarding federal law and how you dont need to abide by state traffic law. The federal government has given the authority to the individual states and territories to make their own traffic laws and issue driver's liceneses as they see fit. The only federal traffic law within the US Code, is generally agencies which have codified authority (IE NPS under 36 Code Of Federal Regulation, VA Regulations 38 CFR 1.218(b) and General Services Administration under 40 CFR). All other federal traffic law is the same as that of the individual states as assimilated under Title 18 USC 13.

      #9; Tue, 13 Jan 2004 12:42:00 GMT
    • I thought that was Jet
      #10; Mon, 12 Jan 2004 12:53:00 GMT
    • === Original Words ===

      Raptor13x

      Why do I care about this?

      Because if I can find somewhere that says traffic laws apply ONLY to motor vehicles, then all traffic laws become null and void with non-motor vehicles.

      **A: ok, you got it. So you go ahead and ride your little razor scooter all over the red light district in Detroit.

      #11; Tue, 13 Jan 2004 12:46:00 GMT