ARE YOU A DRIVER?
CALIFORNIA CIVIL CODE
§§2085, 2086 (former):
The contract of carriage is a contract for the conveyance of property,
persons, or messages, from one place to another. Carriage is
either (1) inland; or (2) marine.
A PRO$PECTIVE PA$$ENGER (customer) $OLICITING TRAN$PORTATION $ERVICE BY CARRIER
A “carrier-passenger relationship” is created when one offers to become
a passenger and is accepted as such after he has placed himself under
the control of the carrier.
Grier v. Ferrant (1944) 62 Cal.App.2d 306
“Common carriers of passengers” are such as undertake for hire to carry
all persons indifferently who may apply for passage, so long as there
is room, and there is no legal excuse for refusing.
People v. Stolzoff (1945) 71 Cal.App.2d Supp. 849
CAR'RIER, n. [See Carry.] One who carries; that which carries or conveys ; also a messenger.
2. One who is employed to carry goods for others for a reward; also, one whose occupation
is to carry goods for others, called a common carrier; a porter-
Webster’s Dictionary, 1828 (no page numbers provided in original)
COMMON CARRIERS OF PASSENGERS.
Common carriers of passengers are such as undertake for hire to carry
all persons indifferently who may apply for passage. Thomp. Carr. p.
26. n. § 1.
Black’s Law Dictionary, 1st Ed. 1891, p. 230 - 231
An “automobile guest” is one who is invited, either expressly or
impliedly, to enjoy the hospitality of the driver of a vehicle; who
accepts such hospitality; and who takes a ride on his own business,
without making any return to, or conferring any benefit upon the driver
of the vehicle as compensation for the ride.
Kohle v. Sinnett (1953) 118 Cal.App.2d 126
So EVERYONE who identifies as a
PASSENGER when they PAID NOTHING for the ride, is incorrectly
identifying themselves and subjecting themselves to rules that don’t
apply to them.
Do you think they’ll DEFEND themselves wrong?
PUBLIC UTILITIES CODE
CHAPTER 2.5. PRIVATE CARRIERS OF PASSENGERS
Article 1. General Provisions and Definitions
5352. The use of the public highways for the transportation of passengers for compensation is a business
affected with a public interest. It is the purpose of this
chapter to preserve for the public full benefit and use of public
highways consistent with the needs of commerce without unnecessary
congestion or wear and tear upon the highways; to secure to the
people adequate and dependable transportation by carriers operating upon the highways; to secure full and unrestricted flow of traffic by motor carriers
over the highways which will adequately meet reasonable public demands
by providing for the regulation of all transportation agencies with
respect to accident indemnity so that adequate and dependable service
by all necessary transportation agencies shall be maintained and the
full use of the highways preserved to the public; and to promote
carrier and public safety through its safety enforcement regulations.
The taking of articles from their usual place of storage or assembly to
the place of destination and turning them over to the control and
possession of the purchaser or receiver is “commercial delivery.”
American Auto Ins. Co. v. American Fidelity & Casualty Co. (1951) 106 Cal.App.2d 630
In
order for someone to deliver pizza (commercial delivery), they are
required to possess a valid Class C driver license. The
Class C driver license permits commercial delivery of customers and
property or both at the same time.
Instacart, Spark delivery workers avoid stores with locked-up merchandise: report
By Taylor Herzlich
Published Aug. 13, 2024
Stores that have locked up merchandise such as toothpaste and
underwear because of rampant retail theft have left many customers
frustrated — but now delivery workers have started avoiding the
businesses, according to a report.
Delivery workers
for apps like Instacart and Walmart’s Spark have to fulfill in-store
orders on a deadline — so they don’t have time to push a button and
wait for employee assistance to buy some soap, Business Insider
reported.
“Drivers make money per order, not per hour, so every second counts for us,” an Ohio-based shopper working for Spark told Business Insider.
https://nypost.com/2024/08/13/business/retailers-locking-up-so-many-items-that-delivery-workers-are-avoiding-them-report/
CALIFORNIA VEHICLE CODE
§15210 (p)(8) In the absence of a federal definition, existing definitions under this code shall apply.
COMMENT: THERE EXIST FEDERAL DEFINITIONS OF THE WORDS USED IN THE STATE VEHICLE CODE!
Code of Federal Regulations
Title 49, Volume 4, Parts 200 to 399
Revised as of October 1, 1999
Page 859 - 865
TITLE 49 -- TRANSPORTATION
CHAPTER III -- FEDERAL HIGHWAY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 390 -- FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
Subpart A -- General Applicability and Definitions
Sec. 390.5 Definitions.
Driver means any person who operates any commercial motor vehicle.
Interstate commerce means trade, traffic, or transportation in the United States--
(1) Between a place in a State and a place outside
of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation
Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ``interstate commerce.''
Motor vehicle means any
vehicle, machine, tractor, trailer, or semitrailer propelled or drawn
by mechanical power and used upon the highways in the transportation of
passengers or property,
Operator -- See driver.
Title 18, United States Code, Sec. 31
PART I - CRIMES
CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES
Sec. 31. Definitions
When used in this chapter 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, passengers and property, or property
or cargo. ''Used for commercial purposes'' means the carriage of
persons or property for any fare, fee, rate, charge or other
consideration, or directly or indirectly in connection with any
business, or other undertaking intended for profit;
Traffic - Business or trade, commerce, Transportation.
Webster's Unified Dictionary and Encyclopedia, International Illustrated Edition (1960)
Bouvier's Law Dictionary (1856)
Black's Law Dictionary, 2nd Ed., 1910
Black's Law Dictionary, 3rd Ed., 1933
Black's Law Dictionary 4th Ed., 1951
“The activity licensed by state DMVs - the operation of
motor vehicles - is itself integrally related to interstate
commerce”.
Seth Waxman, Solicitor General
U.S. Department of Justice
BRIEF FOR THE PETITIONERS
Reno v. Condon, 528 U.S. 141, January 12, 2000
Supreme Court of the United States
Delivery Driver Shoved Off Bike to Make Way for Biden’s Motorcade (Video)
Anthony Scott Jun. 30, 2023
https://www.thegatewaypundit.com/2023/06/delivery-driver-shoved-bike-make-way-bidens-motorcade/
Now what part of all that isn't
clear? So again, ARE YOU A DRIVER? Is that your
CORRECT IDENTITY or have you been mislead?
