Review of statutes/codes relating to Virginia driver’s license and registering a ‘vehicle’. Driving means for hire. Vehicles engage in trans-port.

I reviewed the STATE OF VIRGINIA statutes/codes relating to the for-hire activity called driving, as in truck driver, limo driver, and taxi driver. Driving is an occupation.

I’m not eligible for a driver’s license because not a “resident”. Resident is short for either resident alien (a foreigner) or resident agent, meaning someone who works for STATE OF VIRGINIA. Code says only residents may be issued a license.

No credential issued under this chapter shall be issued to any person [Not acting through a person/franchise.] who is not a Virginia resident [not a resident because not employed by state, county or city]. Every person applying for a credential issued under this chapter shall execute and furnish to the Commissioner his certificate that he is a resident of Virginia [Not employed by Virginia, so not a resident].

Only persons are forbidden from driving. (1) I’m a man. (2) I expect they are talking about their persons/franchises. Even if I started a person/company, I could still likely drive.

No person [I’m not acting through or as agent for a person/franchise!], except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive [I’m not moving passengers or goods for hire, so not driving!] any motor vehicle [I’m not using a ‘vehicle’ because not conveying goods or passengers] on any highway in the Commonwealth until such person has applied for a driver’s license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver’s license, nor unless the license is valid.

Definitions are always the heart of the matter. Here we learn that a motor vehicle is a vehicle. And a vehicle is a device to trans-port persons or property. Ports means seaside ports and relates to business and possible only commerce (trading via the water). A car or truck not engaged in business between ports is not a vehicle and therefore not a ‘motor vehicle’.

Motor vehicle” means every vehicle as defined in this section [not any vehicle, but only vehicles defined in this section] that is self-propelled or designed for self-propulsion except as otherwise provided in this title.

    • Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle.
    • Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, moped, or personal delivery device shall be deemed not to be a motor vehicle.

Vehicle” means every device in, on or by which any person or property is or may be transported [not going between ports; not engaged in commerce; not conveying passengers or goods as a commercial enterprise] or drawn on a highway..

    • except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks.
    • For the purposes of Chapter 8 (§ 46.2-800 et seq.), bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds shall be vehicles while operated on a highway.

[Here are some definitions from Merriam-Websters. Whatever words are not defined in the code have their ‘legal’ meaning.

    1. ‘transportation’ (noun) defined as “public conveyance of passengers or goods especially as a commercial enterprise.”
    2. ‘public’ (adjective) defined as (1.b) “of or relating to a government.”
    3. ‘convey’ (verb) defined as (legal) “to transfer or transmit (property or property rights) to another”
    4. ‘property’ (noun) defined as (legal; 2) “one or more rights of ownership” [making the phrase “property rights” redundant.]
    5. ‘own’ (verb) defined as “to have title to.”
    6. ‘transport’ (noun) defined as a ship carrying soldiers or equipment.
    7. ‘drive’ is defined as “to convey in a vehicle.”
    8. ‘port’ is defined as “a place where ships may ride secure from storms.”

]

Highway” means the entire width between the boundary lines of every way or place open to the use of the public [I’m not part of the public, meaning government workforce. I’m part of the private.] for purposes of vehicular travel [Not using a vehicle. I’m using a car that is not trans-porting anything.] in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.

Commercial Licenses

The following section covers only ‘commercial’ driver’s licenses. They wrote this section because they don’t admit that all licenses are commercial. Having a section specifically for commercial licenses would be redundant and odd without this disclaimer.

This article is intended to supplement, not supplant, the laws of the Commonwealth relating to drivers, driver licensing, vehicles and vehicle operations, which laws shall continue to apply to persons [Notice they don’t say ‘people’. I’m not acting through a person, thanks.] required to be licensed pursuant to this article, unless the context clearly indicates otherwise. To the extent that any provisions of this article conflict with such other laws of the Commonwealth, the provisions of this article shall prevail. Where this article is silent, such other laws shall apply.

Registration

Here we have the statutes specifying what must be registered with their department. Overall, this is the ruse where one mistakenly makes DMV the owner of the car. Every car/truck has an MCO – manufacturer certificate of origin. The holder of the MCO owns the car. Most times, dealers send the MCO to the DMV! One can get it back by stating one needs to export the car; border customs requires the MCO.

Except as otherwise provided, for the purposes of this chapter, a moped shall be deemed a motor vehicle. [it’s a bit odd that they need to define a moped as a motor vehicle. They do this because the statutes only apply to ‘motor vehicles,’ a special term with a unique meaning in the code.]

Except as otherwise provided in this chapter:

    • every person [business entity, and likely their persons] who owns a motor vehicle, trailer or semitrailer, or his authorized attorney-in-fact, shall, before it is operated on any highway in the Commonwealth, register with the Department and obtain from the Department the registration card and certificate of title for the vehicle.
    • Individuals applying for registration shall provide the Department with the residence address [not just address, but residence address. Residence is a place of work for resident agents/ambassadors] of the owner of the vehicle being registered.
    • A business applying for registration shall provide the Department with the street address of the owner or lessee of the vehicle being registered.

Buses

Common carrier” means any person who undertakes, whether directly or by a lease or any other arrangement, to transport [not moving between waterside ports] passengers for the general public [not working the public, meaning the government] by motor vehicle [Not a vehicle because not moving between ports] for compensation [it’s earnings but not ‘compensation for services within United States] over the highways of the Commonwealth, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail or water under this chapter.

Operator” means the employer or person actually driving a motor vehicle or combination of vehicles. [not a vehicle because not traveling between ports].

Person” means any individual [sole proprietor], firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. [Person basically means a business entity.]

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