Who does the Texas Transportation Code pertain to?

After line-by-line exhaustive research looking for the definition of "transportation" in the code, I realized that the main word of the title isn't even defined. So, I went to Black's Law Dictionary (4th Ed) and found it with the case law defining what it is.

Transportation: "The removal of goods or persons from one place to another, by a carrier." Railroad Co. v. Pratt, 22 Wall. 133, 22 L. Ed. 827; Interstate Commerce Com'n v. Brisom, 14 S. Ct. 1125, 154 U.S. 447, 38 L. Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S. Ct. 826, 114 U.S. 196, 29 L. Ed. 158.

Carrier: "One employed or engaged in the business of carrying goods for others for hire." Roeske v. Lamb, 39 N.M. 111, 41 P. 2d. 522, 523.”

According to the Supreme Court, transportation is the movement of commerce while being paid to do so. So, if that be the case, then the Tx. Trans. Code ONLY applies to the commercial use, not private, of the highways, roads, and streets within the state.

1 Answer

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  • Chet
    Lv 7
    7 years ago
    Favorite Answer

    The Supreme Courts definition only applies to these cases or the statute that is in dispute. It does not change the definition in every states codes.

    The title in the codes is just that, a title. They could change it to "Texas Road Rules Laws and What Not". It does not change anything. What matters is the individual statutes.

    When a word is not defined in the code, then "Words and phrases shall be read in context and construed according to the rules of grammar and common usage."

    http://www.statutes.legis.state.tx.us/Docs/GV/htm/...

    The Texas Court of Criminal Appeals ruled in Kirsch v. Texas that the state can not define words for juries that are not defined in the code.

    http://caselaw.findlaw.com/tx-court-of-criminal-ap...

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