Legal Definition of Driving: Key Insights to Know

Elements of Legal Driving

At a fundamental level, the legal definition of driving generally requires a person to be in control of a vehicle, moving it under its own power, and following relevant traffic laws and regulations. While each state may have certain nuances and specific elements that define the crime of driving, the general premise is often consistent across most jurisdictions.
For example, in Florida, a driver of a vehicle must not only be in actual physical control but also be operating the vehicle upon a highway or street. See Fla. Stat. § 316.193. Under Florida law, the most basic definition of control is possession, with the most basic definition of operation being driving. For purposes of determining whether a person had actual physical control of a vehicle, the Florida Supreme Court adopted a totality of the circumstances standard, intended to encompass all possible common law tests for physical control, including vehicle location, location of the driver, whether the vehicle is running, whether the keys are in the ignition, whether the driver had voluntarily exited, and the reason for exiting. Where the driver is present inside the vehicle, such as in the driver’s seat with the car running, the driver’s control over the car is presumed, absent evidence to the contrary. See, e.g., State v. Beck, 629 So.2d 1022 (Fla. 1993). Conversely, where the driver is outside the vehicle, a totality of the circumstances test is generally used to determine whether the driver was in control .
However, other states do not follow a totality of the circumstances test, and have expressly held that physical control can exist under circumstances where a driver is outside the vehicle. Washington is one such state. In State v. Dia, 112 P.3d 847, 848 (Wash. Ct. App. 2005), the accused was found lying on the ground next to his pick-up truck, with his keys in his hands; there was no evidence he even attempted to drive. The court nonetheless upheld his conviction for physical control, explaining "in addition to possessing the vehicle’s keys, Dia was imbibing and lying prone behind the wheel of his pickup truck with his foot on the brake pedal. . . . He clearly was in control of his vehicle." Id. at 848-49.
Driving under a suspended license background is another offense that requires a totality of the circumstances analysis to determine whether the accused was in the course of "driving" as defined by state law. Oregon employs a definition that encompasses a broader scope than merely vehicular travel. More specifically, the statute in Oregon not only punishes the crime of driving while suspended, but also punishes driving without a valid driver’s permit, actual physical control of a motor vehicle while driving privileges are suspended, allowing another to use one’s permit while suspended, and allowing someone to drive with a suspended permit. Further, Oregon does not limit the application of this statute to travel on public highways; the statute applies to private parking lots, as well. See State v. Scoville, 224 P.3d 32 (Or. Ct. App. 2009).

Driving with No License: Legal Perspectives

Driving without a license is a violation in every state, although the rules and penalties vary depending on specific circumstances. Generally, most states treat driving without a license as a misdemeanor, along with other lesser offenses like speeding or running a red light. The penalties for driving without a valid license can vary widely from state to state, but usually result in a monetary fine that can range from less than $50 to over $500, plus court costs and fees. Some states issue immediate fines at the time of violation (also known as a citation or ticket), while others send violation notices through the mail. There may also be some alternative sentences available, such as the opportunity to complete imposition of a sentence after a year of good behavior, instead of being charged with a civil penalty or criminal offense. In certain states, first-time offenders with a clean driving record have the option to attend traffic safety school to have the charges dropped against them.
Driving without a license is a criminal violation in most states and can affect an offender’s employment prospects, housing applications, and even child custody cases. A good defense lawyer can assist with minimizing these negative impacts. If someone has been charged with driving without a license, it is always best to consult with a knowledgeable and experienced attorney for a consultation regarding what the charges will mean and what steps should be taken next.

Impact of DUI Laws on the Definition of Driving

The influence of Driving Under the Influence laws on the definition of Driving
The presence and understanding of a definition of driving in law is essential to DUI cases. However, this definition is not always clear cut and is dependent on how particular state statutes are interpreted. The interpretation of "driving" is aided by other statutes relating to the operation of a motor vehicle, however, the age of the statute as well as the facts of a case can lead to different application of the law. The DUI statute is meant to protect citizens and reduce the number of impaired drivers on the road; therefore, varying definition interpretations can be problematic. This is particularly true if a driver has been arrested for operating a vehicle when they are not actually driving the vehicle.
In order to operate a motor vehicle, the operator cannot be too impaired. A person can no longer drive a car once they can no longer control their steering and must force another person to steer the car for them. This is a very broad definition of impaired driving, and certain case precedent has widened the definition even further. In Louisiana, there is precedent dictating that the operation of a motor vehicle does not require the driver’s body to be in the vehicle at the time. In a particular case, the defendant’s body was not found behind the wheel of the vehicle but the driver was still deemed to be in control of the moving vehicle. As such, a driver can be charged with a DUI despite not actually being in the car when the vehicle is found. In this case, the defendant was found outside of their car and their car was discovered hidden next to another parked car. This case indicates that individuals who appear impaired but are not inside their vehicle can be charged with a DUI.
In Florida, the definition of driving is much narrower then it is in Louisiana. In Florida, the act of actually driving the car is required for a DUI charge. However, there is precedent in Florida indicating that physical control can be portable. Physical control means being able to exert actual physical control over the property.
Therefore, there is a line that is drawn between driving and being in control when impaired. Although the definition between the two is not always clear, the case precedent has indicated that being in physical control of a moving vehicle is enough to get a DUI charge.

Technological Advancement: Driverless Cars

As discussed in Driving is Defined, traditional driving is subject to some constraints, including a duty to pay attention to the road and obey traffic laws. The increasingly rapid rise of autonomous vehicles challenges the current legal definition of driving and the regulations governing driverless cars. There are currently no regulations from the ODVI or the MOT outlining the various levels of automation.
There have been some efforts in Canada and the US to pass legislation defining automated vehicles. However while the bills have been introduced to their respective parliaments neither bill has been passed. In the US many states have created their own legislation for automated vehicles. For example in California there is a requirement for the manufacturer to provide the DMV with the following:

• A description of the vehicle’s design characteristics that exempt the vehicle form being registered.
• A description of the technology that supports the autonomous driving functions in the vehicle, including a description of how the vehicle interacts with the driver and how the driver interacts with the vehicle.
• A description of the type of map data used by the vehicle, the vehicle’s sensors, its fail-safe protocol, and an alternative plan to retrieve the data from the vehicle.
• A demonstration that the vehicle meets FMVSS and guidelines related to new motor vehicles.
• Proof of safety certification.
• A demonstration that the state has received consumers approval and informed consent to share their data. It can be expected that with the rapid development and general availability of autonomous vehicles that there will be changes to the existing legislation including changes to the definition of driving and to the ODVI and MOT regulations governing the use of driverless vehicles by users that do not have a valid driver’s license.

Driving as Operating a Motor Vehicle

In general, people recognize the difference between the terms "driving" and "operating" a vehicle. In fact, most people think of operating a vehicle as involving more effort than merely driving. Drifting through a stop sign while munching on a donut, for instance, is not generally thought of as the same activity as performing a 180-degree speed boost while navigating treacherous hairpin turns – think Mario Kart – but in the eyes of the law, the distinction made is somewhat different.
For example, in the case of Gain v. State, 227 So. 3d 507 (2017), the words "driving" and "operating" were juxtaposed with reference to a person steering a vessel into a dock. The trial transcript of this case reads, "Driving a vessel means to operate the vessel and to steer the vessel by using the sails, oars or paddles or other devices provided for the purpose of propelling and steering the vessel . " As is the modern legal approach, the concept was broadly construed to reflect both practical and real-world understandings of the word "driving," essentially ensuring that a sailor would not get away with an illegal maneuver itself just because he was not sailing a car.
Pennsylvania case law too has demonstrated how the law can reinterpret the definition of "driving" or "operating" by virtue of the context in which the term arises. In the case of Commonwealth v. Paparnakos, 650 A. 2d 1102 (1994), for instance, the Superior Court of Pennsylvania set about describing the criminal idea of "driving" as the concept has manifested itself in the past. The Court explicitly defined the driving of a motor vehicle as "having actual physical control of the vehicle," which would extend beyond simply operating a vehicle. In reaching this conclusion, the Court cited to multiple cases in which the idea of "driving" also involved being responsible for the presence of the vehicle on the property.

Beyond the Basics of Legal Driving

In addition to the licensure requirement, the law recognizes that people who drive do, in fact, have additional legal obligations. For one, the State of Pennsylvania mandates that all drivers carry valid car insurance as a prerequisite for licensing. This requirement is in place, much like the license itself, because it is important for public safety. If someone is in an accident, it is only right that there be measures in place to ensure that they get the coverage they need. If one doesn’t possess proper car insurance, then they are not qualified to drive. While driving, a person must also remain in compliance with whatever car-related laws are in place. For instance, the person must drive on the approved side of the road, observe the speed limit, and must follow the rules of the road in general (e.g. stop signs, oncoming vehicles, pedestrians). The person must also remain in compliance with the letter of the law when it comes to paying tolls. The person should also allow their vehicle to be maintained properly so that it does not pose a danger to society. If a tire blows out or the engine overheats, and the driver is unable to control the vehicle, the results could be devastating. Further, the car must be properly registered, or it is illegally on the road where it may pose a danger to many others. These additional requirements, when taken into account, should provide insight into why one should not drive after being told by a police officer that their license has been suspended. In Pennsylvania, driving on a suspended license is a criminal offense, and that offense can land you with a fine of up to $500 as well as on-imprisonment of up to 90 days (or both). All told, the law in Pennsylvania is set up to help ensure that everyone who drives is fit and able to participate in the action.

Global Overview of the Driving Definition

The legal definition of driving can vary significantly from one country to another. For example, countries in the European Union have harmonized their drink drive limits to 0.5 milligrams per decilitre. However, there are still some exceptions, for instance, Greece has a limit of 0.2 milligrams per decilitre or zero tolerance for those under 24 years old and at least three years of experience. Germany imposes heavy penalties for drunk driving.
That is not to say that road safety laws are respected in Europe. It is estimated that driving under the influence is responsible for over 25,000 deaths every year across the European Union. More than 90% European drivers opposed drinking and driving according to a survey made by a Belgian expert organization.
North Americans may be surprised that traffic law enforcement is not as strong in some European countries as it is the United States and Canada. There are fewer roadside sobriety tests in countries like Austria , Ireland, England and France. French police officers have stopped vehicles with substandard safety equipment but they usually only warn the drivers. It is illegal to not wear a seatbelt in European countries, but in France only 3% of drivers are fined for wearing one.
Drunk driving laws can be confusing in Europe, especially if you are considering traveling abroad. Drink driving limits vary widely across the European Union, particularly between Mediterranean countries and Central Europeans. In Italy, the legal blood alcohol concentration limit is 0.5 milligrams per decilitre. Meanwhile, Poland requires a limit of 0.2 milligrams of wine alcohol.