Argument #2 – The defendant was not a driver
[39] The defendant provides a definition of "driver" that reads "one employed in conducting a coach, carriage, wagon, or other vehicle". This is from the Fourth Edition of Black’s Law Dictionary. However, the full definition of this term, from the revised Fourth Edition, is as follows: "One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle or motor car, through not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle." This is taken from Wallace v. Woods, 340 M. 452, 102 S.W. 2d 91 @ 97, a 1936 case from Missouri.
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[42] To return to the definition of "driver", it is worth noting that the abridged Fifth Edition of Black’s Law Dictionary, published in 1983, does not even contain a definition of "driver". The Seventh Edition, published in 1999, contains a much more simplified definition of "driver". It reads, in its entirety, as follows: "1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover."
[43] The definition of "driver" in the Dictionary of Canadian Law, Third Edition, published in 2004 by Thomson Carswell, reads as follows: "1. A person who drives or is in actual physical control or who is exercising control over or steering a vehicle being towed or pushed by another vehicle. 2. Includes a person who has the care or control of a motor vehicle whether it is in motion or not. 3. Includes a street car operator. 4. Includes the rider of a bicycle. 5. The occupant of a vehicle seated immediately behind the steering control system."
[44] At any rate, there is really no need even to resort to dictionary definitions. There is a clear definition of "driver" contained within the HTA itself. In section 1, the definition reads, simply: "driver" means a person who drives a vehicle on a highway.