From: timothy.smith1@att.net
Date: Mon Dec 26 2005 - 07:38:18 PST
Ok, fellas, here is how your average lawbook is used.
Laws are broken down into sections (or topics). Each section has a sub-part with definitions specifically for use in THAT section of law. These often start out like, "For the purpose of this section, blahblahblah shall have the meaning set forth in this subpart..."
Sections MAY reference the definitions found elsewhere. If there is no definition, or directions for you to find a definition elsewhere, you need to start looking in the administrative codes. Administrative codes are kind of like programs that run in the background of your Windows program....seldom seen, but pretty darned important.
Administrative codes are written primarily by the folks tasked with implementing these laws. whole The ability to do this is granted and required by the legislature, who eventually rubber-stamps these administrative codes after satisfactory review. The legislature does this because they realize they can't know all the finer points of each section of law. If you don't believe me, ask your legislator what he knows about transporting hazardous materials or CDL. They also do this because even minor changes in laws can require extensive and time-consuming rewrites of laws. It is more economical to update administrative codes and allow the fundamental framework of some laws to remain the same.
For thise of you who excell in creative writing, what you CANNOT do (no matter how hopeful you are) is seek out a definition that suits your interests that is outside the section and apply it to sections of law where it does not belong. So, taking a definition for RV from a section of law dealing with watercraft and applying it to the section of law dealing with driver's licensing just won't fly.
As I wrote to another member of the list earlier, exemptions for RVs originate from lobbying by the RV industry so they can sell bigger, better RVs to every Tom, Dick & Harry with the dough to buy one. So, you can pretty much be assured that not only the is the definition of "RV" a pretty traditional one (think motor home, guys), but you can also much count on the definition NOT covering such oddities as former military vehicles.
In short, for our purposes, the definistion of recreational vehicle is NOT a vehicle that you only drive for recreation! And in the final analysis, an exemption from CDL only gets you excused from the driving test. Big deal.
TJ
This archive was generated by hypermail 2.1.4 : Tue Jul 18 2006 - 21:37:22 PDT