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- Newsgroups: ca.driving
- Path: sparky!uunet!wupost!csus.edu!netcom.com!dman
- From: dman@netcom.com (Dallman Ross)
- Subject: Re: Driver's License Test Question
- Message-ID: <1993Jan2.200058.18836@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- X-Newsreader: TIN [version 1.1 PL8]
- References: <42978@sdcc12.ucsd.edu>
- Distribution: ca
- Date: Sat, 2 Jan 1993 20:00:58 GMT
- Lines: 49
-
- Thomas Marvan (tmarvan@sdcc3.ucsd.edu) wrote:
- > [Re. 1991 (I think it is) law requiring sales disclosure within 5 days]
-
- > Yes, I had the same question on my exam which I took about a week
- > ago and guessed, incorrectly, 10 days. I then asked an more
- > experienced Ca. driver and she said ten days also. I found no
- > mention of this law in the Ca driver's handbook when reviewing my
- > error.
-
- > Now, it may be true that it is somewhere there, but if not, it
- > surely seems unfair for them to ask a question on something that is
- > not in the handbook....
-
- Oh? Why is it unfair? Possession of a driver's license implies that you
- are aware of every single law in the entire vehicle code, and any other
- relevant code (e.g., Business & Professions Code, or local or municipal
- laws) that might possibly apply to the acts you could undertake within
- your domain as a driver; not just whatever laws they have put in the
- little driver's handbook.
-
- This premise (of the presumed knowledgeable driver) is all part of the
- convenient "fiction," as it's called by social legal scholars, that
- results in the old saw that "ignorance of the law is no excuse."
-
- If you break a traffic (or any other) law that isn't in that little
- handbook and you are cited or arrested, the judge isn't going to let
- you off because it wasn't in that book. The book is merely a
- somewhat-helpful aid to preparing for the test, and is not something
- the state is required to provide.
-
- I had the question on my test in 1990 and got it wrong too. I think
- it said something like, "Effective January 1st, 1991, California law
- requires the seller of a motor vehicle to report the sale within how
- many days?" I was pissed the my educated guess of 10 days was wrong,
- since it was the only question I'd gotten wrong in three quadriennial
- driver's tests in a row. (Out of six total; I've been driving in
- California for 22 years.) I agree that they should put it in the
- book, since it's obvious that they are stressing that we should know
- that particular law. But "unfair"? No, I wouldn't characterize it
- that way.
-
- Hi, Tom. :-)
-
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