Monday, January 2, 2017

automobile vs motor vehicle.

Hello folks, back to talk with you about how they misuse terms or change words in order to fool us. Today we will be talking about the difference between an automobile and a motor vehicle. A studious learning by now would have noticed that all laws in the motor vehicle code deal ONLY with "motor vehicles" and NONE of them deal with "automobiles".

No big deal you say since as they no doubt will tell you, all motor vehicles are automobiles. This is absolutely correct, however while all motor vehicles may be automobiles, not all automobiles are motor vehicles. The courts have been very clear on the distinction between the two as you will read below.

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]

[I]t is a jury question whether ... an automobile ... is a motor vehicle[.]United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983).

Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled - Ex Parte Hoffert, 148 NW 20

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

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, 122]

(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, or passengers and property. -18 USC Part 1 Chapter 2 section 31 definitions

Used for commercial purposes" means the carriage of persons or property for any fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. - 18 USC Part 1 Chapter 2 section 31 definitions

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.83

A soldier's personal automobile is part of his ‘household goods. - U.S. v Bomar C.A.5(Tex.), 8 F.3d 226, 235. 19A Words and Phrases - Permanent Edition (West) pocket part 94.

The Motor Vehicle Act is not unconstitutional as making an arbitrary and unwarranted classification, in that it requires professional chauffeurs, or drivers of motor vehicles for hire, to pay an annual license, but exempts all others operators of such vehicles from tax and regulation. - [In the Matter of Application of Stork (1914), 167 Cal, 294,295]

... (The Motor Vehicle Act classifies) drivers of automobiles into two classes, one professional chauffeurs, and requiring them to obtain a license, and pay an annual license fee of $2.00, the other embracing all others, who are not required to secure a license or pay license fee, is sound classification, and not arbitrary, so as to constitute special legislation. - Ex Parte Stork, 167 Cal 294. The Supreme Court of California Feb 24, 1914 - footnote inparamateria. Further confirmed in Beamon v. DMV (1960), 180. App.2d 200,4 Cal. Rpter396.

"A carriage is peculiarly a family or household article. It contributes in a large degree to the health, convenience, comfort, and welfare of the householder or of the family." Arthur v Morgan, 113 U.S. 495, 500, 5 S.Ct. 241, 243 S.D. NY 1884).

"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of." Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).

Now in order to further separate them, we find that during some probate hearings deciding on what goods to classify as personal and what goods to classify as business goods, we find that what use they are put to is a deciding factor.

"The use to which an item is put, rather than its physical characteristics,
determine whether it should be classified as ``consumer goods'' under UCC 9-109(1) or ``equipment'' under UCC 9-109(2)." Grimes v Massey Ferguson,
Inc., 23 UCC Rep Serv 655; 355 So.2d 338 (Ala., 1978).

"Under UCC 9-109 there is a real distinction between goods purchased for
personal use and those purchased for business use. The two are mutually
exclusive and the principal use to which the property is put should be
considered as determinative." James Talcott, Inc. v Gee, 5 UCC Rep Serv
1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).

"The classification of goods in UCC 9-109 are mutually exclusive." McFadden
v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273
A.2d 198 (1971).

"The classification of ``goods'' under [UCC] 9-109 is a question of fact."
Morgan County Feeders, Inc. v McCormick, 18 UCC Rep Serv 2d 632; 836 P.2d
1051 (Colo. App., 1992).

"The definition of ``goods'' includes an automobile." Henson v Government
Employees Finance & Industrial Loan Corp., 15 UCC Rep Serv 1137; 257 Ark 273,
516 S.W.2d 1 (1974).
Household goods

"The term ``household goods'' ... includes everything about the house that is
usually held and enjoyed therewith and that tends to the comfort and
accommodation of the household. Lawwill v. Lawwill, 515 P.2d 900, 903, 21
Ariz.App. 75" 19A Words and Phrases – Permanent Edition (West) pocket part
94. Cites Mitchell's Will below.

"Automobile purchased for the purpose of transporting buyer to and from his
place of
employment was ``consumer goods'' as defined in UCC 9-109." Mallicoat v
Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn.
App., 1966).

"The provisions of UCC 2-316 of the Maryland UCC do not apply to sales of
consumer goods (a term which includes automobiles, whether new or used, that
are bought primarily for personal, family, or household use)." Maryland
Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle
Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).

"An automobile was part of testatrix' ``household goods'' within codicil. In
re Mitchell's Will, 38 N.Y.S.2d 673, 674, 675 [1942]." 19A Words and Phrases – Permanent Edition (West) 512. Cites Arthur v Morgan, supra.

"[T]he expression ``personal effects'' clearly includes an automobile[.]" In
re Burnside's Will, 59 N.Y.S.2d 829, 831 (1945). Cites Hillhouse, Arthur,
and Mitchell's Will, supra.

"[A] yacht and six automobiles were ``personal belongings'' and ``household
effects[.]''" In re Bloomingdale's Estate, 142 N.Y.S.2d 781, 782 (1955).

“A vehicle not used for commercial activity is a “consumer goods”, is
NOT a REQUIRED to be REGISTERED under this code
“Passenger vehicles which are not used for the
transportation of persons for hire, compensation o
profit, and housecars, are not commercial vehicles”
“a vanpool vehicle is not a commercial vehicle.”
Not the type of vehicle required to be registered and “use tax” paid of which the tag is evidence of receipt of the tax.” Bank of Boston vs Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14. And;

“It is held that a tax upon common carriers by motor vehicles is based
upon a reasonable classification, and does not involve any unconstitutional
discrimination, although it does not apply to private vehicles, or those used
the owner in his own business, and not for hire.” Desser v. Wichita, (1915) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs., 75 A.L.R. 22.

“Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20. And;

“In view of this rule a statutory provision that the supervising officials “may”
exempt such persons when the transportation is not on a commercial basis
means that they “must” exempt them.” State v. Johnson, 243 P. 1073; 6
C.J.S. section 94 page 581.


I have found through research that the act of us giving title to the state and getting back a certificate of title changes the classification of our automobile into that of a motor vehicle and thus subjects us to have them regulated by the state.

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