State v. Duggan

PETERSON, J.,

dissenting.

I dissent.

I do not agree that a towed motor vehicle is not within the definition of "motor vehicle,” as that term is defined in ORS 483.014. The words "which is self-propelled,” as used in ORS 483.014, are intended to be, and are, descriptive of the vehicle.

If one asks me if my parked automobile "is self-propelled,” I would answer in the affirmative. The words "self-propelled,” as used in ORS 483.014(3), are adjectives to denote a quality of the thing named.1

The majority would construe "is self-propelled” to mean "any vehicle which, at the time, is being self-propelled.” In construing a statute, words should be given their normal, accustomed meaning.2 Under the majority opinion, a driver coasting his or her vehicle down Mt. Hood, with the motor not running, is not driving a motor vehicle on a highway. This construction seems strained.

Further, in construing a statute, the policy and objectives of the legislation are worthy of consideration. The purpose of ORS 487.560 is to promote highway safety by deterring persons whose licenses have been revoked from driving on public highways. The majority opinion is not in harmony with that policy.3

I further disagree that the statute may be "unconstitutionally void for vagueness.” The majority cites ORS 161.025 as reflecting legislative policy in construing this statute. ORS 161.025(2) provides that penal statutes are not to be strictly construed, and that this statute (among others) "* * * shall be construed according to the fair import *375of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section.”4

The entire problem can be resolved by a simple amendment to ORS 483.014, defining "motor vehicle” as that term is defined in ORS 481.040(1).5

See Webster’s New International Dictionary of the English Language, 2d ed, page 33.

State ex rel Nilsen v. Ore. Motor Ass’n, 248 Or 133, 137, 432 P2d 512 (1967).

Id.

In all fairness, I should note that ORS 161.025(l)(c) states:

"(1) The general purposes of chapter 743, Oregon Laws 1971, are:
* Sii Sit *
"(c) To give fair warning of the nature of the conduct declared to constitute an offense and of tire sentences authorized upon conviction.”

ORS 481.040(1):

"As used in this chapter, except where the context otherwise requires:
"(1) 'Motor vehicle’ means every self-propelled vehicle and vehicle designed for self-propulsion except road rollers, farm tractors, traction engines and police ambulances.”