Quote:
Originally Posted by iamnotawerewolf
"primarily used", by whom? One in general?
You should have made a due process argument on grounds of vagueness.
I did bring up primary use. The state had to prove my primary use of my machine. It did not matter.
Blacks legal dictionary 5th edition.-- Primary: First; principal; chief; leading. First in order of time, or development, or intention.
WORDS AND PHRASES-VOLUME 33B
PRIMARILY USED ---C.A.1(R.L) 2000. Within statute defining proscribed doctunent-making implement as any implement or impression primarily used for making an identification document or false identification document,
“primarily used” refers defendants primary use of the item in question, not its general usage by the public. 13 U.S.C.A. § 102S(a}[5), (d](1),_. U.S. v. Cabrera, 208 F.3d 309.—False Pers 2.
PRIMARY USE---Ind.App.4Dist. 1990. Proposed skeet range that was to be added to dwelling house and outbuildings that would be used for recreational purposes on weekends qualified as “accessory use rather than “primary use," proposed skeet range was only incident of recreational purpose planned for house that was subordinate in extent, area, and purpose to primary use of house for recreational purposes.
Boone County Area Plan Corn'n v. Kennedy, 560 N.E.2d 692, transfer denied.—Zoning 302. .
Va. 1945. In pedestrian’s action for injuries sustained when he was stuck by automobile, instruction that roadblocks of highways are primarily intended for vehicular traffic was not error, since “primary use” does not mean “sole use".-—Herbert v. Stephenson, 35 S.E.2d 753, 184 Va. 457.-Autos 246 (4).
Ohio 1994.
When items exemption depends on its use, its primary use is criterion; “primary use" is qualitative consideration, not quantitative one.--AT & T Technologies, Inc. v. Limbach, 641 N.B.2d 177, 71 Ohio St.3d 11, 1994-Ohio-90. Tax 2399. Pa. 1955.
Use of leased premises one block from paint store operated by lessor solely for the purpose of advertising such store by means of billboard erected on leased premises, was a “primary use” and not an “accessory use" within provision of city zoning ordinance permitting enumerated and accessory uses within any particular zone.—Silver v. Zoning Bd. of Adjustment, 112 A.2d 84, 381 Pa. 41.—Z.oning 302.
PRIMARY USE TEST
Ala.Civ.App. 1996. State law, and not Magnuson-Moss Warranty Act, determines whether product is consumer good or equipment, and test used is "primary use test” if good is used or bought for use primarily for personal, family, or household business, good is "consumer good,” and Act applies, while if good is used or bought for use primarily in business, ii is “equipment,” and Act is not applicable. Maguuson-Moss Warranty—Federal Trade Commission Improvement Act, § 101 et seq., 15 U.S.C.A. § 2301 et seq.; Code 1975,§ '7—9-109 (1, 2).—Weaver v. Dan Jones Ford, Inc.
(side note: If my machine is bought for personal use it is consumer goods and not a motor vehicle.)