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  1. #1
    Join Date
    Jun 2018
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    Default Why Do You Need a Driver's License

    My question involves a driver's license issued by the State of: Wisconsin.

    Why does one need a Drivers License?

    If the law states “The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. and that “A passenger is a rider who has paid a fare on a train, bus, airline, taxi, ship, ferry, automobile or other carrier in the business of transporting people for compensation.”

    So if I’m not operating a commercial vehicle and being paid by other occupants of said vehicle why does one need to purchase a drivers license? Not trying to be cheeky just looking for an honest understanding of the law by someone who is a professional. I do hold a valid drivers license.

  2. #2
    Join Date
    Sep 2010
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    19,208

    Default Re: Why a Drivers License

    Because you're not a passenger. What part of the simple English in the statute do you not understand.

  3. #3
    Join Date
    Jul 2010
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    7,646

    Default Re: Why a Drivers License

    Taxing should be along shortly to help sort this for you. I wouldn't be surprised if there is a text file on their computer with the normal responses to these questions ready for copy & paste.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Why a Drivers License

    Your citation of federal law does not apply to any states laws. As such each state law can and does require you to have a valid state driver’s license (with very few exceptions such as military issues and very few others) to operate a motor vehicle, as defined in their state laws, on their roadways.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,145

    Default Re: Why a Drivers License

    Quote Quoting LawLover889
    View Post

    Why does one need a Drivers License?
    Hello, troll.

    This "right to travel" theory has been kicked beyond death by the lunatic fringe for many years.

    Here's a rather lengthy thread in which attorneys and others debunk the theory. One of the attorneys is our Taxing Matters writing as Tax_Counsel (regulars here will recognize the font).

    Note how the loony trolls keep insisting on "right to travel" despite facts to the contrary.

    https://boards.answers.findlaw.com/t...icence-on-hwy/

    I hope that satisfactorily answers your question (though I doubt it) and puts an end to this thread.

  6. #6
    Join Date
    Oct 2014
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    7,414

    Default Re: Why a Drivers License

    Quote Quoting LawLover889
    View Post

    So if I’m not operating a commercial vehicle and being paid by other occupants of said vehicle why does one need to purchase a drivers license? Not trying to be cheeky just looking for an honest understanding of the law by someone who is a professional. I do hold a valid drivers license.
    Because those web sites that make just that argument are misleading you. The definition for “motor vehicle” that you quoted comes from 18 U.S.C. §31(a)(6). That definition applies only for the purpose of several specific federal crimes, none of which have anything to do with driver's licenses. Quite simply, that definition is irrelevant to your requirement to have a driver's license.

    It is the states, not the federal government, that require driver's licenses, and to see what is required you must look at the applicable state’s driver’s license law. No other federal or state law will matter. In Wisconsin, it is Chapter 343 of the state statutes that deal with driver's licenses. Specifically, Wisconsin statute section 343.05(3)(a) imposes the requirement for a license to drive noncommercial vehicles: “No person may operate a motor vehicle which is not a commercial motor vehicle upon a highway in this state unless the person possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled or expired.” As you can see, Wisconsin law clearly requires driver’s of noncommercial vehicles to have a license. Thus, arguing that you are driving a noncommercial vehicle and thus not required to have a license would be a losing argument in court because § 343.05(3)(a) specifically says noncommercial drivers must be licensed. By the way, commercial drivers are not left out either. Section 343.05(2) requires licenses for commercial drivers.

    Of course those web site that claim people don't have to have driver's licenses never tell you that the laws they cite are not relevant and never cite the the laws that are because if they did it would clearly blow up their whole claim. So don't trust those sites.

  7. #7
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    Sep 2010
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    Default Re: Why a Drivers License

    As long as you are not residing in the US, you may use your foreign license in most states.

  8. #8
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    Jan 2006
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    Default Re: Why a Drivers License

    Quote Quoting okko
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    How long can I use foreign driver licenses in US? I am in US now for a business trip
    Your other post suggests you are not here for a business trip. If you have sought asylum and allowed to remain in the US, you are obligated by the laws of whatever state you choose to live in regarding obtaining a driver’s license from that state

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,078

    Default Re: Why a Drivers License

    Quote Quoting flyingron
    View Post
    As long as you are not residing in the US, you may use your foreign license in most states.
    But not all.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Why a Drivers License

    Quote Quoting cbg
    View Post
    But not all.
    Care to expand?

    I know of no states that will issue a license to a person that doesn’t reside in any given state let alone require it. Of course the state’s definition determining residency for the purposes of requiring that state’s license varies from state to state and can be quite short but it still requires some semblmce of residency.

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