Black's Law Dictionaries: Editions 1 through 10
DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals. Black’s Law Dictionary, 1st Ed. 1891, p. 395
DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344. 36 L. R. A. 615: Gen. St. Conn. 1902. §2038; Isaacs v. Railroad Co., 47 N. Y. 122. 7 Am. Rep. 418. Black’s Law Dictionary, 2nd Ed. 1910, p. 398
DRIVER. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344. 36 L. R. A. 615: Gen. St. Conn. 1902. §2038; Isaacs v. Railroad Co., 47 N. Y. 122. 7 Am. Rep. 418. Black’s Law Dictionary, 3rd Ed. 1933, p. 622
DRIVER. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. 1951, p. 585
DRIVER. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. Revised 1968, p. 585
Black's Law Dictionary (a secondary source of law) from the 1st edition to the 4th edition revised reveals the legal definition of "driver" and it is backed by case law:
1. Davis v. Petrinovich, 112 Ala. 654 (1896)
2. Isaacs v. Railroad Co., 47 N. Y. 122. 7 Am. Rep. 418 (1871)
3. Wallace v. Woods, 340 Mo. 452 (1936)
The definition of "driver" clearly states that a driver is someone who is employed, if some one is employed to drive then they are engaged in transportation/commerce and the state has the right to regulate the activity, but to specify more clearly there are three words of art or legalese to understand in the definition listed by Black's Law, 1) employed, 2) person, and 3) operate, which all confirm to being in a corporate status/capacity.
Starting from the 5th edition the definition driver has been phased out even though it is still the law. The 5th Ed. has removed the first half of the definition see below:
DRIVER. A person actually doing driving , whether employed by owner to drive or driving his own vehicle. Black’s Law Dictionary, 5th Ed. p. 445
DRIVER. A person actually doing driving , whether employed by owner to drive or driving his own vehicle. Black’s Law Dictionary, 6th Ed. p. 495
DRIVER. 1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover. Black’s Law Dictionary, 7th Ed. p.510
DRIVER. 1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover. Black’s Law Dictionary, 8th Ed. p. 533
Driver. A person who steers and propels a vehicle. 2. A person who herds animals; a drover. Black's Law Dictionary 9th Ed. page 569
Driver. (15c) 1. Someone who steers and propels a vehicle. 2. Someone who herds animals; a drover. 3. A piece of software that allows a computer to work with with another piece of hardware such as a mouse or a printer. Black's Law Dictionary 10th Ed. page 603
https://thelawdictionary.org/driver/ by Black's Law
THE FEDERAL GOVERNMENT'S DEFINITION OF 'DRIVER' BELOW:
U.S. Department of Transportation
https://www.fmcsa.dot.gov/regulations/title49/part/383 Scroll down to Question #17 just below is the definition of driver as we have verbatim below:
"Driver means any person who operates a Commercial Motor Vehicle (CMV) ."
"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms 'operator' and 'driver'; the 'operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the 'driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both 'operator' and 'driver.'" Newbill vs. Union Indemnity Co., 60 SE.2d 658 (1933)
Chauffeur. An operator who directly or indirectly receives compensation for operating motor vehicle. Turner v. State, 226 Ala. 269, 146 So. 601. Operators who drive jitneys in cities and towns for hire. Day v. Bush, 18 La.App. 682, 139 So. 42, 44. Person employed or paid to operate, drive and attend car. People v. Fulton, 96 Misc. 663, 162 N.Y.S. 125, 126; Des Moines Rug Cleaning Co. v. Automobile Underwriters, 215 Iowa 246, 245 N.W. 215, 217; State v. Depew, Md., 175 Md. 274, 1 A.2d 626, 627.
Test whether person is a chauffeur is whether he operated motor vehicle in whole or part-time employment, whether he was at such time an employee, servant, agent, or independent contractor, and whether he was paid for his service. Maryland Casualty Co. v. Cronholm, D.C.Tex., 32 F.Supp. 375, 377. Black's Law Dict. 4th Ed. page 300
Driving is an occupation...truck drivers, bus drivers, limo drivers, Uber drivers, Lyft drivers, taxi cab drivers...ect..
DRIVING IS AN OCCUPATION CASELAW
1. O'Connor v. Uber Technologies, Inc. 201 F. Supp.3d 1110 (2016) on page 13
2. Hummel v. Marten Transport, Ltd. 114 Conn.App. 822 (2009) on pages 13 and 14
