operating motor vehicle

operating motor vehicle
In common parlance, driving an automobile or other motor vehicle. Regulating and controlling the actual movements of the car, that is, having charge of it as a driver. 7 Am J2d Auto Ins § 42. Exercising control over the vehicle, although not at the time in the driver's seat. Anno: 51 ALR2d 928, § 5[a]; 7 Am J2d Auto Ins § 42. Any manipulation of the mechanical or electrical equipment of a motor vehicle, which would, alone or in sequence, set in motion the motive power. 7 Am J2d Auto § 256. Not limited to a state of motion produced by the mechanism of the vehicle, but including at least ordinary stops upon the highway, such stops being fairly incidental to operation. Commonwealth v Henry, 229 Mass 19, 118 NE 224. A truck parked across a road for the purpose of unloading is in operation within the meaning of a statute in respect of lights. Hardware Mut. Casualty Co. v Union Transfer & Storage Co. 205 Ky 651, 266 SW 362. A statutory provision that the "use and operation" by a nonresident of a motor vehicle within the state shall be deemed an appointment by him of the secretary of state as his attorney to receive service of process in any action growing out of such use is not confined in its operation to nonresidents personally operating motor vehicles within the state, but applies also to nonresidents, including foreign corporations and the individual members of nonresident partnerships, operating motor vehicles in the state through agents or employees who are also nonresidents. Jones v Pebler, 371 Ill 309, 20 NE2d 592, 125 ALR 451. As to what constitutes "operation" within statute making owner of motor vehicle liable for negligence in its operation. See Anno: 13 ALR2d 378.

Ballentine's law dictionary. . 1998.

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