A riding lawn mower may have four wheels, a powerful engine and can cost as much as a used car. If it's stolen, however, the Georgia Supreme Court concluded Monday that it's not a motor vehicle.This is clearly not an easy call, as the 4-3 split indicates. The case can be found here. It is an interesting read.The 4-3 decision overturned the conviction of Franklin Lloyd Harris, who was convicted of felony motor vehicle theft after he loaded a Toro riding mower in 2006 from a Home Depot in Dalton into his van and sped away. Because Harris was a repeat offender, he was sentenced to 10 years in prison.
Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.
Matt LeMieux
25 November 2009
Is A Lawn Mower A Vehicle? Nope.
Earlier this month I posed an odd question: Is a lawn mower a vehicle. As you may recall, the Georgia Supreme Court was forced to face this question because someone had been sentenced to a long prison term for stealing a lawn mower. The prison term was only possible because the law makes a distinction between stealing motor vehicles and simple garden tools. Thus, if a riding lawn mower is considered to be equivalent to, say, a car, the longer prison term was justified. However, if the riding mower is nothing more than a garden tool, the longer prison term could not be justified. A few days ago, the Georgia Supreme Court finally cut through this legal Gordian knot. The Associated Press reports: