llwatson wrote:txinvestigator wrote:Probably not, as traveling usually involves going somewhere, rather than up and down a river, or round and around on a lake.
And the presumption would not apply as it requires the person be in a Private Motor vehicle.
If a boat is propelled by a motor (not a row boat) and is privately used (not public transportation), then is it not a
Private Motor Vehicle??
And where in the traveling law does it say that I have to be actually going somewhere, and not just out for a nice Sunday drive?
Come on TXI, I expected more of you! Ya gotta quote chapter and verse for me.
Traveling has been ruled in court in the past by a wide definition. Usually things like "overnight travel" or traveling from one county thru another and into a third, etc, have been the prevailing rule. In fact, I am aware of no case law from the appellate courts, so each court is free to interpret traveling on their own on a case by case basis.
The Traffic laws define "Vehicle" as; a device that can be used to transport or draw persons or property
on a highway, and motor vehicle as a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires.
Even Merriam Webster defines motor vehicle;
Main Entry: motor vehicle
Function: noun
: an automotive vehicle not operated on rails; especially : one with rubber tires for use on highways.