stacy3000p
New Member
- Jurisdiction
- Idaho
Recently I've been trying to do my do diligence and inform myself about my states laws, codes, and statutes. I was reading the definitions for the motor vehicle code and came across the definition for Noncommercial vehicle. i called the dmv here in idaho for more clarification and was told this definition is to allow for people to drive vehicles on private land but #1 we don't need permission to do that and #2 codes and statutes are meant to to written very clearly and are supposed to leave out information that doesnt directly pertain to the exact topic. What i mean by that is that if it was related to private land use it would state that.
To me this defines that if you are not going to operate your vehicle in commerce then your vehicle is not to be registered. This isnt like some sovereign citizen thing, but i came across this definition in my investigation and i found it intriguing. Just looking for some help on making sense of what it means.
(k) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A, Idaho Code, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.
I infer that the meaning of "a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A" doesnt mean the list of vehicles in the section but instead the use case of the vehicle as identified later in the definition.
I have read this definition as well as the definition for motor vehicle and commercial motor vehicle and section 49-402 about 50 times trying to really break down what they are saying and this is conclusion i have come to. I am wanting to know if my understanding is correct if i am missing something. Any advice is appreciated.
here are the definitions for commercial motor vehicle and motor vehicle as well as a like to section 49-402
(d) Commercial vehicle or commercial motor vehicle. For the purposes of chapters 3 and 9 of this title, driver's licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) Has a manufacturer's gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer's gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or
(ii) Has a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or
(iii) Is designed to transport sixteen (16) or more people, including the driver; or
(iv) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).
For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition or both, but shall not include those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
(h) Motor vehicle. Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code
legislature.idaho.gov
To me this defines that if you are not going to operate your vehicle in commerce then your vehicle is not to be registered. This isnt like some sovereign citizen thing, but i came across this definition in my investigation and i found it intriguing. Just looking for some help on making sense of what it means.
(k) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A, Idaho Code, and means all other vehicles or combinations of vehicles which are not commercial vehicles or farm vehicles, but shall include motor homes. A noncommercial vehicle shall include those vehicles having a combined gross weight not in excess of sixty thousand (60,000) pounds and not held out for hire, used for purposes related to private use and not used in the furtherance of a business or occupation for compensation or profit or for transporting goods for other than the owner.
I infer that the meaning of "a noncommercial vehicle shall not include those vehicles required to be registered under sections 49-402 and 49-402A" doesnt mean the list of vehicles in the section but instead the use case of the vehicle as identified later in the definition.
I have read this definition as well as the definition for motor vehicle and commercial motor vehicle and section 49-402 about 50 times trying to really break down what they are saying and this is conclusion i have come to. I am wanting to know if my understanding is correct if i am missing something. Any advice is appreciated.
here are the definitions for commercial motor vehicle and motor vehicle as well as a like to section 49-402
(d) Commercial vehicle or commercial motor vehicle. For the purposes of chapters 3 and 9 of this title, driver's licenses and vehicle equipment, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) Has a manufacturer's gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer's gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or
(ii) Has a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or
(iii) Is designed to transport sixteen (16) or more people, including the driver; or
(iv) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).
For the purposes of chapter 4, title 49, Idaho Code, motor vehicle registration, a vehicle or combination of vehicles of a type used or maintained for the transportation of persons for hire, compensation or profit, or the transportation of property for the owner of the vehicle, or for hire, compensation, or profit, and shall include fixed load specially constructed vehicles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and including drilling rigs, construction, drilling and wrecker cranes, log jammers, log loaders, and similar vehicles which are normally operated in an overweight or oversize condition or both, but shall not include those vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
(h) Motor vehicle. Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code
Section 49-402 – Idaho State Legislature
legislature.idaho.gov
