340.01 is an old definition which has not been updated in a long time. "May" means "have the ability to" and is not indicative of being legally allowed to do so. One simply has to look at how it is enforced to see that it is wishful thinking to twist its meaning to indicate only those devices which may be "lawfully" operated on the highway..
Individuals may rationalize however they wish and their odds of ever being cited are pretty slim if they are in very rural areas. This does not change the reality regarding the letter of the law though.
100% pure bunkum, Interceptor, and you should know better.
may
aux.v. Past tense might (mt)
1. To be allowed or permitted to: May I take a swim? Yes, you may.
2. Used to indicate a certain measure of likelihood or possibility: It may rain this afternoon.
3. Used to express a desire or fervent wish: Long may he live!
4. Used to express contingency, purpose, or result in clauses introduced by that or so that: expressing ideas so that the average person may understand.
5.
To be obliged; must. Used in statutes, deeds, and other legal documents.
See Usage Note at can.
Can
1.
a. Used to indicate physical or mental ability: I can carry both suitcases. Can you remember the war?
b. Used to indicate possession of a specified power, right, or privilege: The President can veto congressional bills.
c. Used to indicate possession of a specified capability or skill: I can tune the harpsichord as well as play it.
2.
a. Used to indicate possibility or probability: I wonder if my long lost neighbor can still be alive. Such things can and do happen.
b. Used casually to indicate that which is permitted, as by conscience or feelings: One can hardly blame you for being upset.
c. Used to indicate probability or possibility under the specified circumstances
I can illustrate the difference quite succinctly - -
I can shoot and kill anyone I want (we can use Interceptor as an example). I have a firearm, ammunition, the ability and skill at arms to do so.
However, I may not legally do so, because neither the state nor he has given me permission to do so.
Something we're both pretty happy about, especially considering the cost of ammo now days.
"...Usage Note: Generations of grammarians and teachers have insisted that
can should be used only to express the capacity to do something, and that
may must be used to express permission. But children do not use can to ask permission out of a desire to be stubbornly perverse. They have learned it as an idiomatic expression from adults:
After you clean your room, you can go outside and play. As part of the spoken language, this use of can is perfectly acceptable. This is especially true for negative questions, such as [i[Can't I have the car tonight[/i]? probably because using mayn't instead of can't sounds unnatural. Nevertheless, in more formal usage the distinction between can and may still has many adherents. Only 21 percent of the Usage Panel accepts can instead of may in the sentence Can I take another week to submit the application? The heightened formality of may sometimes highlights the speaker's role in giving permission. You may leave the room when you are finished implies that permission is given by the speaker. You can leave the room when you are finished implies that permission is part of a rule or policy rather than a decision on the speaker's part.
For this reason, may sees considerable use in official announcements: Students may pick up the application forms tomorrow..."
