August 8, 2001 - Driving

Terms cont'd… Driving
Can you drive in your private capacity? 

No, not if you are actually driving. To understand this we need to know exactly what a driver is—according to the Law.

In Black's Law Dictionary 2nd edition we find:
DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car.

truck

In Bouvier's Law Dictionary 1856 we read: DRIVER. One employed in conducting a coach, carriage, wagon, or other  vehicle, with horses, mules, or other animals.

In Black's 8th we find: driver. 1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover.

Here we have a great example of what ought never happen in law—a word changes meaning over time which in turn changes the original intent of the law. When the Highway Traffic Act was first passed into law in 1923 a driver then was unquestionably one employed—receiving wages—to operate a vehicle. Over time that original definition was not maintained but allowed to drift to eventually encompass everyone who sat at the controls of a vehicle. That is bad practice, bad law, and fraudulent. 

In the Supreme Court of Canada case Martin v. Chapman we find this instruction regarding statutory interpretation:

“Words are primarily to be construed in their ordinary meaning or common or popular sense, and as they would have been generally understood the day after the statute was passed, unless such a construction would lead to manifest and gross absurdity, or unless the context requires some special or particular meaning to be given to the words.” (underline mine)

Deceit and fraud should always be remedied. A maxim of law

Many believe that, having gained control over individuals who use their vehicle in their private capacity and not for business, the government is reluctant to concede and relinquish that control and loose the great amount of revenue they receive from this gross injustice. And we, who are being fleeced out of our ignorance of the law, have allowed it. 

Perhaps there is another answer for this...

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