DMV

California Career Schools v. Department of Motor Vehicles

Good Law
120 Cal. App. 4th 10·15 Cal. Rptr. 3d 813·2004 Cal. App. LEXIS 1047·2004 Daily Journal DAR 8051·2004 Cal. Daily Op. Serv. 5994
Court of Appeal of CaliforniaJune 16, 2004G032879California1,427 words

Opinion

Opinion

Moore, J.

On this appeal from a denial of a writ of mandate, appellant challenges respondent’s determination that a truck modified for habitation must nonetheless be registered as a commercial vehicle. Respondent’s interpretation of the relevant statutes, however, was not clearly erroneous, and reflected consistent, long-standing policy. We therefore agree with the trial court that respondent’s administrative determination should be upheld and affirm the judgment.

I

FACTS

In December 2000, appellant California Career Schools registered a Kenworth vehicle as a motor home. The vehicle, which is 27 feet long, was originally designed as a truck on a commercial chassis, but was subsequently modified to reduce its load capacity and add living quarters. The vehicle has a convertible sofa, refrigerator, sink and microwave, and a restroom with a shower. According to appellant, the vehicle is intended only to be used as living quarters and not to transport property or persons for hire.

Respondent Department of Motor Vehicles (DMV) concluded that the vehicle was a truck tractor with living quarters, with the primary function of drawing other vehicles, and therefore must be registered as a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.