united-states criminal-law
What constitutes operating or driving within the meaning of statutory offenses?
<p>What constitutes operating or driving within the meaning of statutory offenses? Let's say that you are letting your friend drive your car and you're next to him and allowing him to drive your car above the speed limits, let's then assume that your friend dies and kill someone else. Would you be charged of the same crime as if you were driving the vehicle yourself or does the law appreciate the difference between a driver and a passenger even if the passenger was instrumental to the accident itself? Let's assume that the country is the United States.</p>

<h2>Depends on the statute</h2>
<p><a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a></p>
<p>The <em><a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rta2013187/s4.html" rel="nofollow noreferrer">Road Transport Act</a></em> 2013 defines:</p>
<blockquote>
<p>&quot;drive&quot; includes--</p>
<p>(a) be in control of the steering, movement or propulsion of a vehicle, and</p>
<p>(b) in relation to a trailer, draw or tow the trailer, and</p>
<p>(c) ride a vehicle.</p>
</blockquote>
<blockquote>
<p>&quot;driver&quot; means any person driving a vehicle, and includes any person riding a vehicle.</p>
</blockquote>
<p>With regard to a similar definition of “drive” under s 3(1) of the now repealed <em>Road Transport (General) Act</em> 2005, the court in <em>Williams v R</em> [2012] NSWCCA 286; (2012) 229 A Crim R 67 observed at [60] that “there is nothing that extends the operation of that definition beyond that Act”.</p>
<p>Unless a passenger reaches over and tries to take control of the steering, movement or propulsion of the vehicle, they are not driving it.</p>

<p><a href="/questions/tagged/washington" class="post-tag" title="show questions tagged &#39;washington&#39;" rel="tag">washington</a></p>
<p><a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.04.370" rel="nofollow noreferrer">RCW 46.04.370</a> defines &quot;operator or driver&quot; as:</p>
<blockquote>
<p>&quot;Operator or driver&quot; means every person who drives or is in actual physical control of a vehicle.</p>
</blockquote>
<p>It's still possible for you to get in trouble under <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.675" rel="nofollow noreferrer">RCW 46.61.675</a> (causing or permitting a vehicle to be unlawfully operated), but that's a traffic infraction, which is specifically called out by <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=46.63.020" rel="nofollow noreferrer">RCW 46.63.020</a> as not being a criminal offense.</p>
