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P. Simmons
P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 33065
Experience:  12+ yrs. of legal experience.
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Does the Federal definition of Motor Vehicle in the U.S.C overrule

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Does the Federal definition of Motor Vehicle in the U.S.C overrule the state definition ? My understanding is that a federal statue is of higher authority than a state one and as such, the definitions are of higher authority as well.
Submitted: 4 years ago.
Category: Traffic Law
Expert:  P. Simmons replied 4 years ago.
The federal law will trump the state law if there is conflict.

But you can not pick and choose...so the definition of a motor vehicle in federal law will have no impact to state law at all unless the underlying law (the law that the definition applies to) is in conflict.


Customer: replied 4 years ago.
To clarify, the specifics regarding this are that motor vehicle is defined as a purely commercial entity in the U.S.C whereas the state claims anything that moves with an engine is a motor vehicle.

Am i correct to say based on what you have said that, even if the definition is different the law it self must be contradictory to the federal statue, which it cannot be if the definitions are different for what a motor vehicle is..

Will tip. Thanks.
Expert:  P. Simmons replied 4 years ago.
The law is what matters. The definition simply defines the law.

That is why a difference in definitions has no meaning...it is only if the actual law is in conflict can you challenge the law
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