What is the name of your state (only U.S. law)? within ohio
its my understanding that if pulled over by a police officer for a non-damage traffic citation, one could say that they are not driving motor vehicle equipment but passing with their personal consumer goods, if not involved in commerce? could this be used to avoid a non-damaged traffic citation?
PART 1. SHORT TITLE, APPLICABILITY AND DEFINITIONS
UCC § 9-109. Classification of Goods: "Consumer Goods"; "Equipment"; "Farm Products"; "Inventory".
Goods are
(1) "consumer goods" if they are used or bought for use primarily for personal, family or household purposes;
(2) "equipment" if they are used or bought for use primarily in business (including farming as a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods;
Relevant applicable stare decisis case cites relating directly to UCC 9-109:
“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).
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).(personal property)
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). The phraseology of UCC § 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."
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).
“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.
"... [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.
(c) Any vanpool vehicle is not a commercial vehicle.
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ohio revised code chapter 5701, definitions:
5701.03 Personal property and business fixture defined.
As used in Title LVII [57] of the Revised Code:
(A) “Personal property” includes every tangible thing that is the subject of ownership, whether animate or inanimate, including a business fixture, and that does not constitute real property as defined in section 5701.02 of the Revised Code. “Personal property” also includes every share, portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat, used or designed to be used in business either exclusively or partially in navigating any of the waters within or bordering on this state, whether such ship, vessel, or boat is within the jurisdiction of this state or elsewhere. “Personal property” does not include money as defined in section 5701.04 of the Revised Code, motor vehicles registered by the owner thereof, electricity, or, for purposes of any tax levied on personal property, patterns, jigs, dies, or drawings that are held for use and not for sale in the ordinary course of business, except to the extent that the value of the electricity, patterns, jigs, dies, or drawings is included in the valuation of inventory produced for sale.
(B) “Business fixture” means an item of tangible personal property that has become permanently attached or affixed to the land or to a building, structure, or improvement, and that primarily benefits the business conducted by the occupant on the premises and not the realty. “Business fixture” includes, but is not limited to, machinery, equipment, signs, storage bins and tanks, whether above or below ground, and broadcasting, transportation, transmission, and distribution systems, whether above or below ground. “Business fixture” also means those portions of buildings, structures, and improvements that are specially designed, constructed, and used for the business conducted in the building, structure, or improvement, including, but not limited to, foundations and supports for machinery and equipment.
is a car, if not registered, considered personal/consumer goods or business equipment/fixture?
its my understanding that if pulled over by a police officer for a non-damage traffic citation, one could say that they are not driving motor vehicle equipment but passing with their personal consumer goods, if not involved in commerce? could this be used to avoid a non-damaged traffic citation?
PART 1. SHORT TITLE, APPLICABILITY AND DEFINITIONS
UCC § 9-109. Classification of Goods: "Consumer Goods"; "Equipment"; "Farm Products"; "Inventory".
Goods are
(1) "consumer goods" if they are used or bought for use primarily for personal, family or household purposes;
(2) "equipment" if they are used or bought for use primarily in business (including farming as a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods;
Relevant applicable stare decisis case cites relating directly to UCC 9-109:
“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).
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).(personal property)
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). The phraseology of UCC § 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."
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).
“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.
"... [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.
(c) Any vanpool vehicle is not a commercial vehicle.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
ohio revised code chapter 5701, definitions:
5701.03 Personal property and business fixture defined.
As used in Title LVII [57] of the Revised Code:
(A) “Personal property” includes every tangible thing that is the subject of ownership, whether animate or inanimate, including a business fixture, and that does not constitute real property as defined in section 5701.02 of the Revised Code. “Personal property” also includes every share, portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat, used or designed to be used in business either exclusively or partially in navigating any of the waters within or bordering on this state, whether such ship, vessel, or boat is within the jurisdiction of this state or elsewhere. “Personal property” does not include money as defined in section 5701.04 of the Revised Code, motor vehicles registered by the owner thereof, electricity, or, for purposes of any tax levied on personal property, patterns, jigs, dies, or drawings that are held for use and not for sale in the ordinary course of business, except to the extent that the value of the electricity, patterns, jigs, dies, or drawings is included in the valuation of inventory produced for sale.
(B) “Business fixture” means an item of tangible personal property that has become permanently attached or affixed to the land or to a building, structure, or improvement, and that primarily benefits the business conducted by the occupant on the premises and not the realty. “Business fixture” includes, but is not limited to, machinery, equipment, signs, storage bins and tanks, whether above or below ground, and broadcasting, transportation, transmission, and distribution systems, whether above or below ground. “Business fixture” also means those portions of buildings, structures, and improvements that are specially designed, constructed, and used for the business conducted in the building, structure, or improvement, including, but not limited to, foundations and supports for machinery and equipment.
is a car, if not registered, considered personal/consumer goods or business equipment/fixture?
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