What is the definition of operating a vehicle in PA? What’s “operation of a vehicle” in PA? What is a “vehicle” in PA law? These definitions affects PA DUI law. It is not as simple as it may seem. There are many questions that should be asked about it, such as: “Can you get a DUI on a bicycle in PA?” and “Do you have to be on the road to get a DUI in PA?”
Definition of “vehicle” in PA
A vehicle, according to §102 of Pennsylvania’s vehicle code, is any device that a person can use to transport people or property on a highway or trafficway. That definition also contains within it two terms that have their own legal definitions under that section: “highway” and “trafficway.”
What is a highway or trafficway in PA?
A highway is the entire width of any piece of land that is open for the public use of travel by vehicle. A trafficway is the entire boundary of any property where the public has a right to vehicular travel. Essentially, if the public can and does travel by vehicle on a piece of land, it is one of those two.
It’s more than just public roads.
Case law in Pennsylvania has ruled driveways, parking lots, parking garages, and even private dirt roads as being under one of these two classifications. So long as the public is allowed to travel in an area or frequently does so, then that area is a highway or trafficway.
Of course, the question of if you can get a DUI in areas like private fields is up for interpretation of the courts. All that matters then is what the facts of each case are and how your lawyer presents them to the judge or jury. In conclusion, what is the definition of operating a vehicle in PA? It depends on the circumstances.
Whether someone was operating a vehicle, whether or not the device was a vehicle and whether or not it was on a trafficway or highway was involved are all facts that must be proven beyond a reasonable doubt to the tier of fact (the judge or jury).
Can you be charged for driving a bicycle while DUI in Pennsylvania?
So, can you get a DUI on a bicycle? Yes. But as always, the answer is a little more complicated than that. A bicycle is a “vehicle” under the law, because a person can use it to transport people or property on a highway or trafficway. So, if you are on a highway or trafficway, you can get a DUI on a non-motorized bicycle.
Contrast this with a horse. If you are high or drunk on a horse on a highway or trafficway in PA, it is not a DUI. A horse is not a vehicle because a horse is not a device. It is an animal. Believe it or not, it took the Pennsylvania Supreme Court to decide that in a formal opinion.
Recommended Additional Reading
- Profiles of our Pennsylvania DUI Attorneys
- Driving under the Influence of Drugs
- CDL holder and DUI charges
- DUI if you have a professional license or in the military
- DUI Injury or DUI accident charges
- Underage DUI charges
- First offense DUI charges
- Second offense DUI charges
- Third or more DUI charges
- DUI Homicide
- Felony DUI charges
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