Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jan 2018
    Posts
    5

    Default Which Definition of Motor Vehicle Applies When the Law Has More Than One Definition

    am i correct to assume that:

    18 U.S. Code § 31 (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. (https://www.law.cornell.edu/uscode/text/18/31)

    and

    18 U.S. Code § 2311 “Motor vehicle” includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails; (https://www.law.cornell.edu/uscode/text/18/2311)

    offer two differing definitions of what a motor vehicle is? (when i say two differing definitions, i mean that for § 31 the statement "used for commercial purposes" appears, where in § 2311 there is no distinction.)
    And if so, which one supersedes the other in traffic court?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    You look at the statute that you are charged with violating, determine which definition section applies to that statute, and apply the proper definition.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    18 USC 31 is a general definition that applies applies to Chapter 2 (Aircraft and Motor Vehicles)

    18 USC 2311 is a refinement of that which applies to Chapter 113 (Stolen Property)

    As Mr. K says, you use the definition that corresponds to the section that you are concerned with.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    I think we all know where this is going.

  5. #5
    Join Date
    Jan 2018
    Posts
    5

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    Quote Quoting flyingron
    View Post
    18 USC 31 is a general definition that applies applies to Chapter 2 (Aircraft and Motor Vehicles)

    18 USC 2311 is a refinement of that which applies to Chapter 113 (Stolen Property)

    As Mr. K says, you use the definition that corresponds to the section that you are concerned with.
    thank you for clearing that up for me. i didn't even realize under which chapter 2311 applied to until i went back and looked (heh, oops?)

    i appreciate the replies

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    Quote Quoting Monica Jae
    View Post
    which one supersedes the other in traffic court?
    Neither.

    Federal code has nothing to do with state or local traffic laws.

    You do know that, don't you?

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    Quote Quoting Monica Jae
    View Post
    And if so, which one supersedes the other in traffic court?
    In court matter where you are charged with violation of a state or local traffic law, it will be the that state or local traffic law that matters, not how federal law defines things for various purposes of federal law. So to the extent your strategy is to argue you were not driving a motor vehicle because it does not fall within the federal definition that will end up being a losing argument.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    18 USC refers to federal crimes. I don't think I've ever seen it used for traffic citations even on federal property. Federal traffic citations are usually done under a regulation violation (typically something in 49 CFR).

  9. #9
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    Quote Quoting flyingron
    View Post
    18 USC refers to federal crimes. I don't think I've ever seen it used for traffic citations even on federal property.
    Neither of the two federal laws cited by the OP have anything to do with speeding offenses, even on federal property, which is why you don’t see it raised in citations relating to speeding on federal land. In general, what Congress has done is to enact authority for the various agencies that manage federal lands to adopt regulations relating to use of those lands and the statute provides the penalty for violating the regulations issued by that agency. Without that delegation of authority from Congress federal agencies would be unable to penalize drivers for speeding or other traffic violations on federal land.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Which Definition of Motor Vehicle Applies When the Law Has More Than One Definiti

    No excrement, Clarence. I'm trying to figure out what he's talking about. He said "traffic court" (which there really isn't any such federal thing) and there's scant stuff in 18 USC about traffic crimes. As I stated, most federal traffic violations are in some federal regulation, and yes EVERY REGULATION has some congressionally passed ENABLING LAW that allows it to have authority. I was prodding him to find out what charge he's trying to apply these random definitions to.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Legal Research: Does a Statutory Definition Supersede a Dictionary Definition
    By Yesme in forum Legal Practice
    Replies: 19
    Last Post: 11-30-2014, 05:01 AM
  2. Definition of Maintenance
    By yyz0 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 03-16-2010, 02:36 PM
  3. Definition of a Right of Way
    By yyz0 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-29-2009, 09:34 PM
  4. Modification of Custody: Definition of Motion to Dismiss
    By WOLFGRL in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-22-2006, 07:56 PM
  5. Plea Bargains: What is the Plea Where You Don't Admit Guilt but Plead Guilty
    By oldbess in forum Criminal Procedure
    Replies: 1
    Last Post: 09-19-2006, 11:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources