What is the name of your state (only U.S. law)? Indiana. West Lafayette
I just moved to Indiana. My license place for IL expired Dec-10.
Today I got a parking ticket for 2 hours over AND a ticket for expired plates.
1) I swear that I had another 10-15 more minutes before the 2 hour limit.
2) I got new plates for Indiana right before Christmas Break. I accidentally left them at school over break and today was the first day of classes. It's been numbingly cold at night so I was waiting for a day I didn't have too many classes and some decent weather to do the swap.
its my understanding, this is good info on the drivers license and motor vehicle
equipment registration scam used by the states.
its my understanding, vehicle registration only applies to
business equipment
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The
Uniform Code of Commerce divides "Goods" into
four categories, defined here in basic language.
Full legal definitions can be found in section 9109 of the UCC:
Equipment: Goods used or bought for use primarily in business (including farming or a profession).
Inventory: Goods held by a person for sale or lease . The basic difference between "inventory" and "equipment" is how the goods are used. A machine used by a business is "equipment" while the same machine offered for sale or lease is "inventory."
Consumer Goods: Goods used or bought for use primarily for personal, family, or household purposes.
Farm Products: Crops, livestock, supplies or products used in farming operations.
“Under UCC §9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principal use to which the property is put should be considered as determinative.” James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).
“The classification of goods in UCC §9-109 are mutually exclusive.” McFadden v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273 A.2d 198 (1971).
“Automobile purchased for the purpose of transporting buyer to and from his place of employment was ``consumer goods'' as defined in UCC §9-109.” Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).
“The provisions of UCC §2-316 of the Maryland UCC do not apply to sales of consumer goods (a term which includes automobiles, whether new or used, that are bought primarily for personal, family, or household use).” Maryland Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).
“A soldier's personal automobile is part of his ``household goods[.]'' U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235” 19A Words and Phrases - Permanent Edition (West) pocket part 94.
IN RE BARNES
United States District Court,
D Maine, September 15, 1972
Bankruptcy No. BK 72-129ND, No. EK 72-13OND
[9109] Consumer goods - automobile for transportation to and from work.
The use of a vehicle by its owner for purposes of traveling to and from his employment is a personal, as opposed to a business use, as that term is used in UCC § 9-109(l), and the vehicle will be classified as consumer goods rather than equipment.
The phraseology of § 9-109(2) defining equipment as goods used or bought for use primarily in business seems to contemplate a distinction between the use of collateral "in business" and the mere use of the collateral for some commercial, economic or income-producing purpose by one not engaged “in business.”
The appropriate filing place turns upon the classification of the collateral as consumer goods or equipment. The Uniform Commercial Code classifies goods as consumer goods ". . . if they are used or bought for use primarily for personal, family or household purposes. (2). Fn (2) 11 MRSA § 9-109(1).
It is the court's opinion that the use of a vehicle by its owner for purposes of traveling to and from his employment is a "personal," as opposed to a business use, as that term is used in UCC § 9-109 (1).
Traveling to and from work is a PERSONAL use NOT a BUSINESS use!
This ruling is consistent with the undisputed fact that "The classification of goods is determined by its primary use" (Barron’s Law Dictionary, Third Edition, 1991) and not by the type of goods, including, but not limited to, vehicles.
"A vehicle not used for commercial activity is a "consumer goods", . . .
it is NOT a type of vehicle required to be registered and "use tax" paid of which the tab is evidence of receipt of the tax." Bank of Boston vs Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14.
"Thus self-driven vehicles are classified
according to the use to which they are put rather than according to the means by which they are propelled." Ex Parte Hoffert, 148 NW 20.
“The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
"... [T]he exemptions provided for in section 1 of the Motor Vehicle Transportation License Act of 1925 (Stats. 1925, p. 833) in favor of those who solely transport their own property or employees, or both, and of those who transport no persons or property for hire or compensation, by motor vehicle, have been determined in the Bacon Service Corporation case to be lawful exemptions. --In re Schmolke (1926) 199 Cal. 42, 46.
"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty.... It includes the right in so doing to use the ordinary and usual conveyances of the day; and under existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which the city may permit or prohibit at will."
Key emphasis added. Indisputable wisdom recorded in Thompson v. Smith, 154 S.E. 579, 1929.
Commercial Vehicle
CVC.260. (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.
No...Iam God.