JAMES L. KIMBLER, Judge.
Defendant, Robert A. Knotts, was charged with violating R.C. 4503.30. The stipulation of facts stated that defendant operated a truck owned by his employer in order to deliver a trailer sold by his employer. At the time, the trailer was displaying a thirty-day tag and the truck was displaying a dealer plate.
The pertinent part of R.C. 4503.30 states that dealer plates may be displayed on "commercial cars only when such cars are in transit from a manufacturer to a dealer, from distributor to a dealer or distributor, or from a dealer to a purchaser, or when such cars are being demonstrated for sale or lease, and shall not be displayed when such cars are being used for delivery, hauling, transporting, or other commercial purpose[s]."
It is stipulated that the truck was being used for a delivery; therefore, the only point of contention is whether the truck is a commercial car. R.C. 4501.01(J) defines a "commercial car" as "any motor vehicle having motor power designed and used for carrying merchandise or freight, or used as a commercial tractor." "Commercial tractor" is defined in R.C. 4501.01(D) as "any motor vehicle having motive power designed or used for drawing other motor vehicles, or designed or used for drawing another motor vehicle while carrying a portion of such other motor vehicle or its load, or both." A trailer is encompassed by the definition of "motor vehicle" in R.C. 4501.01(B). Since defendant was using the truck to haul a trailer for delivery, the truck was a "commercial car" and defendant is hereby found guilty of violating R.C. 4503.30.
This matter is hereby referred for a presentence investigation. So ordered.
Reporter's Note: On August 22, 1990, defendant was fined $25, plus court costs.