Medical Transportation Management Corporation - Page 11

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               The definition of the word “omnibus” also does not favor               
          petitioners.  The word “omnibus” is defined as “a public vehicle            
          usu. automotive and 4-wheeled and designed to carry a                       
          comparatively large number of passengers.”  Webster’s Third New             
          International Dictionary (1993).  Although the description of               
          “omnibus” as 4-wheeled plausibly includes a sedan, the sedans               
          petitioners used would not be able to carry a large number of               
          passengers.                                                                 
               Petitioners argue that because Congress used the term                  
          “automobile bus” and not just “bus” in the statute, they must               
          have meant something more expansive than a traditional “bus”.               
          Petitioners justify this construction with several different                
          arguments, all of which we reject.                                          
               A.   The Prefix “Automobile” Does Not Modify the Meaning of            
                    “Bus”                                                             
               Petitioners argue that because the word “automobile”                   
          precedes the word “bus” in the statute, Congress must have                  
          intended a more expansive definition than the ordinary meaning of           
          the word “bus”.  Petitioners offer no definition of the phrase              
          “automobile bus”, but they simply conclude that “the term                   
          ‘automobile bus’ does not seem to have any significance such that           
          any vehicle, including sedans and vans, qualify * * * if the                
          vehicles were used for transportation which is regularly                    
          scheduled.’”  This premise clearly violates “‘a cardinal                    
          principle of statutory construction’ that ‘a statute ought, upon            





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Last modified: May 25, 2011