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  1. #121
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Regulations. Such are issued by various governmental departments to carry out the intent of the law. Agen cies issue regulations to guide the activity of those regulated by the agency and of their own employees and to ensure uniform application of the law. Regu lations are not the work of the legislature and do not have the effect of law in theory

    Pasted from Black's.

    Only the laws that they have been given the authority to regulate can be regulated.

    The only authority to license is commercial.
    And that is exactly what Title 55 does. But I understand you don't think it does and to support that theory you parrot things you have read on websites. But let me ask you this.

    If this were true why don't you think that someone that has gotten in BIG trouble based on these laws hasn't taken such a case to the Supreme Court and made that trouble go away? There are plenty of really rich guys with really fast cars that have gotten in really big trouble based on Tittle 55. And really rich guys tend to have access to really good lawyers.

    I know your first response will be that the court won't rule against such laws because it would mess with the status quo but there are two problems with that. First, SCOTUS rules against the "government" all the time. Second, you are counting a court ruling in your favor and against the status quo.

  2. #122
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    Default Re: Is Driving a Privilege or a Right

    Your driving infractions do not require intent be established.
    The resisting charge you can try to argue intent on but depending on the totality of circumstances, your actions may establish intent.
    I am the Mouse Man

  3. #123
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    Default Re: Is Driving a Privilege or a Right

    A driver of farm machinery does not require a license. Only drivers or operators of vehicles which are required to be registered. Personal automobiles are not required. Nowhere in the statutes are personal use mentioned. 55-4-111 even has an exclusion for "motor vehicles constructed in which tangible personal property or other property can be transported ". So unless motor vehicles... or transported means commercial (which it does) personal automobiles are excluded. And if either term is commercial, the entire statues only applies to commercial.

    Quote Quoting free9man
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    Your driving infractions do not require intent be established.
    The resisting charge you can try to argue intent on but depending on the totality of circumstances, your actions may establish intent.
    LMAO. Any criminal offense the the penalty includes jail time (class b, driving on suspended) require intent. Look it up.

  4. #124
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    A driver of farm machinery does not require a license. Only drivers or operators of vehicles which are required to be registered. Personal automobiles are not required.
    If that's your argument — that you are only required to be licensed to drive only when driving vehicles that are required to be registered — that fails because personal autos are required to be registered:

    (1) As a condition precedent to the operation of any motor vehicle upon the streets or highways of this state, the motor vehicle shall be registered as provided in this chapter.

    (2) The registration and the fees provided for registration shall constitute a privilege tax upon the operation of motor vehicles.

    Tenn. Code § 55-4-101(a). As to the definition of motor vehicle, the § 55-1-103(c) and (e) states:

    (c) “Motor vehicle” means every vehicle that is self-propelled, excluding electric scooters, motorized bicycles, and every vehicle that is propelled by electric power obtained from overhead trolley wires. “Motor vehicle” means any low speed vehicle or medium speed vehicle as defined in this chapter. “Motor vehicle” means any mobile home or house trailer as defined in § 55-1-105.

    (e) “Vehicle” and “freight motor vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

    So let's put that all together. A personal auto is a vehicle because it is a device in which a person or property may be transported or drawn upon a highway. Neither the term transported nor drawn is limited to commercial vehicles, contrary to your assertion. That's the flaw in your argument. And since a personal auto is a vehicle and is self propelled, it is a motor vehicle under the code. Thus since it is a motor vehicle, it is required to be registered. That is pretty much what the court will tell you in response to your argument.

  5. #125
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Taxing Matters
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    If that's your argument — that you are only required to be licensed to drive only when driving vehicles that are required to be registered — that fails because personal autos are required to be registered:

    (1) As a condition precedent to the operation of any motor vehicle upon the streets or highways of this state, the motor vehicle shall be registered as provided in this chapter.

    (2) The registration and the fees provided for registration shall constitute a privilege tax upon the operation of motor vehicles.

    Tenn. Code § 55-4-101(a). As to the definition of motor vehicle, the § 55-1-103(c) and (e) states:

    (c) “Motor vehicle” means every vehicle that is self-propelled, excluding electric scooters, motorized bicycles, and every vehicle that is propelled by electric power obtained from overhead trolley wires. “Motor vehicle” means any low speed vehicle or medium speed vehicle as defined in this chapter. “Motor vehicle” means any mobile home or house trailer as defined in § 55-1-105.

    (e) “Vehicle” and “freight motor vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

    So let's put that all together. A personal auto is a vehicle because it is a device in which a person or property may be transported or drawn upon a highway. Neither the term transported nor drawn is limited to commercial vehicles, contrary to your assertion. That's the flaw in your argument. And since a personal auto is a vehicle and is self propelled, it is a motor vehicle under the code. Thus since it is a motor vehicle, it is required to be registered. That is pretty much what the court will tell you in response to your argument.
    If something is "transported", then it's part of transportation. Transportation is commerce.

    https://www.fmcsa.dot.gov/regulation...ection/382.107
    Question 1: What is an owner-operator?
    Guidance: The Federal Highway Administration (FHWA) neither defines the term "owner-operator" nor uses it in regulation. The FHWA regulates "employers" and "drivers." An owner-operator may act as both an employer and a driver at certain times, or as a driver for another employer at other times depending on contractual arrangements and operational structure.

    This shows that a "driver" is regulated by federal laws..thus commercial. Same as an operator. Check the precedential terms usage.

    Now See : 1-3-119. Express language required to create or confer a private right of action.
    (a) In order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right.
    (b) In the absence of the express language required by subsection (a), no court of this state, licensing board or administrative agency shall construe or interpret a statute to impliedly create or confer a private right of action except as otherwise provided in this section.

    So if there's no authority which grants the right to license non-commercial use, they don't have it.

  6. #126
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    Default Re: Is Driving a Privilege or a Right

    What makes you think some lines from a federal regulation has any bearing whatsoever on Tennessee law.

  7. #127
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    LMAO. Any criminal offense the the penalty includes jail time (class b, driving on suspended) require intent. Look it up.
    You got a citation for that cause whatever it is, you are like so many other things misreading it.

    Also, specifically for TN:

    See State v. Harris, W2012-02738-CCA-R3-CD (Tenn.Crim.App. 1-3-2014)

    In that case, the criminal appeals court upheld a conviction for driving while suspended noting that under case law dating back to 1993, Tennessee courts have held that the offense of driving on a cancelled, suspended, or revoked license does not require the State to prove any knowledge or intent element. It is only necessary to prove the conduct for that offense.

    I thought you were going to stop posting?

    Quote Quoting flyingron
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    What makes you think some lines from a federal regulation has any bearing whatsoever on Tennessee law.
    It's the sovereign citizen way, even if OP swears up and down he isn't one.

    If it looks like a duck, walks like a duck and quacks like a duck...it ain't a moose.
    I am the Mouse Man

  8. #128
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    Default Re: Is Driving a Privilege or a Right

    Now see: 7-51-703
    (b) In those counties having a metropolitan form of government, the county clerk shall issue any required wheel tax license or motor vehicle regulatory license at the same time the clerk's office is selling a state license, subject to such terms and conditions as may be established by the metropolitan government's chief financial officer and approved by the county governing body.
    (c) The county clerk shall issue any required wheel tax license or motor vehicle regulatory license at the same time the clerk's office is selling a state license, subject to such terms and conditions as may be established by the county or municipal government's chief financial officer and approved by the applicable governing body.

    State license refers to a state business license.

    (9) “Commerce” means:
    (A) Trade, traffic, and transportation within the jurisdiction of the United States; between a place in a state and a place outside of the state, including a place outside the United States; and
    (B) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in subdivision (9)(A);

    And Check this out:

    55-50-351. License to be carried and exhibited on demand — Arrest and penalty for violations.
    (a) Every licensee shall have the licensee's license in immediate possession at all times when operating a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the state, county or municipality, except that where the licensee has previously deposited the license with the officer or court demanding bail, and has received a receipt from the officer or the court, the receipt is to serve as a substitute for the license until the specified date for court appearance of licensee or the license is otherwise returned to the licensee by the officer or court accepting the license for deposit. Any peace officer, field deputy, or inspector of the department, or any other law enforcement officer of this state or municipality thereof, has the right to demand the exhibition of the license of any operator of a motor-driven cycle as described in § 55-8-101, and effect the arrest of any person so found to be in violation of this section.
    (b) A violation of this section is a Class C misdemeanor.

    55-8-101. Chapter and part definitions.
    As used in this chapter and chapter 10, parts 1-5, of this title, unless the context otherwise requires:
    (43) “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces no more than five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc). “Motor-driven cycle” does not include an electric scooter;

    Seems like if your using an automobile, you don't have to display a license.

    They have the right to demand for a motor driven cycle..but do they for an automobile?

    DRIVER-- one employed in conducting a coach, carriage, wagon, or other vehicle..."
    BOUVIER'S LAW DICTIONARY, (1914) p. 940.
    Driver - One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 So. 344, 36 L.R.A. 615; Isaacs v. Railroad Co., 7 Am. Rep. 418, 47 N.Y. 122. -- Black's Law Dictionary, Third Edition

    Quote Quoting free9man
    View Post
    You got a citation for that cause whatever it is, you are like so many other things misreading it.

    Also, specifically for TN:

    See State v. Harris, W2012-02738-CCA-R3-CD (Tenn.Crim.App. 1-3-2014)
    See another : State v. Harris, 76 S.W.2d 324 (Tenn. 1934)
    Tennessee Supreme Court
    Filed: November 30th, 1934
    Precedential Status: Precedential
    Citations: 76 S.W.2d 324, 168 Tenn. 159
    The import of the "regulation, supervision and control" of contract haulers expressed in the caption is affected by the nature of the subject to which it is applied. The business of using the public highways for profit, earned by transporting persons and property for hire, has been definitely excluded from the category of private or personal rights arising from citizenship. Recent decisions of the Supreme Court of the United States have determined certain fundamental principles concerning the use of the highways. One is "that the primary use of the state highways is the use for private purposes; that no person is entitled to use the highways *Page 162 for gain as a matter of common right." Hoover Motor Express Co. v. Fort, 167 Tenn. 628, 72 S.W.2d 1052, 1055. The statement and definition of the terms and conditions upon which a privilege, not a matter of common right, may be exercised is, we think, within the declared purpose of regulation and does not amount to prohibition. In such a case the prevention of an unauthorized exercise of the privilege is clearly implied in the statement of the purpose to regulate it.
    The statute under consideration is a comprehensive regulation of the use of the state highway system by both common carriers and contract carriers. It is designed, as declared in section 21, to promote and preserve economically sound transportation, to regulate the burden of use to which the highways may be subjected, to protect the safety of the traveling public, and to protect the property of the state in the highways from unreasonable, improper, or excessive use.

    .Swift v The City of Topeka. 43 Kan. 671 Kansas Supreme Court
    Public streets are highways, and every citizen has a right to use them. Both the sidewalks and roadways must remain unobstructed, so that people can walk along one without in¬terruption or danger, or drive along the other without delay or apprehension. One of the most imperative duties of city governments in this country is to keep their public streets in such a condition that citizens can travel along them with safety and without any unnecessary delay. Each citizen has the ab¬solute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as the law of the road. This right of the people to the use of the public streets of a city is so well es¬tablished and so universally recognized in this country, that it has become a part of the alphabet of fundamental rights of the citizen. While the tyranny of the American system of government very largely consists in the action of the municipal authorities, this right has not yet been questioned or attempted to be abridged. There can be no question, then, but that a citizen riding on a bicycle in that part of the street devoted to the passage of vehicles, is but exercising his legal right to its use, and a city ordinance that attempts to forbid such use of that part of a public street would be held void as against common right. ¶11 It may be said of bicycles, with greater force, as was said of the first use by railroads of public streets, that they are not an obstruction to, or an unreasonable use of, the public streets of a city, but rather a new and improved method of using the same, and germane to their principal object as a passage-way. (Mills, Em. Dom., §199; Briggs v. Horse Rly. Co., 4 N. E. Rep. 546; 79 Me. 363 ; Slattern v. D. M. Rly. Co., 29 Iowa, 149.)

    WINTHER v. VILLAGE of WEIPPE
    No. 9933.
    July 31, 1967.
    APPEAL FROM DISTRICT COURT, SECOND JUDICIAL DISTRICT, CLEARWATER COUNTY, THOMAS H. FELTON, J.

    "Property has been well defined in Spann v. Dallas, 111 Tex. 350, 235 S.W. 513, 514, 19 A.L.R. 1387, as follows:
    "`Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment and disposal. Anything which destroys any of these elements of property, to that extent destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right.'

    "The right to use one's property in a lawful manner is within the protection of subdivision (1) of the 14th Amendment of the Constitution of the United States and Article I, Sec. 13 of the Idaho Constitution providing that no person shall be deprived of life, liberty, or property without due process of law. State v. Kouni, 58 Idaho 493, 76 P.2d 917." 69 Idaho 42-43, 202 P.2d 404.

    "It is the general rule that where authority to license and regulate a business is granted by the legislature to a municipality, the regulations adopted must not be unreasonable, unjust or unduly oppressive. [Citation] Nor must such regulations be such as to be prohibitory. [Citation]" 69 Idaho 472, 207 P.2d 1167.

    Supreme Court of Iowa
    Iowa Mot. v. Assn. v. Board of R. Com
    207 Iowa 461 (Iowa 1929) • 221 N.W. 364
    Decided Jan 23, 1929
    STATUTES: Construction — Statutes In Pari Materia. The rule that 2 statutes in pari materia shall be
    construed together applies with peculiar force to statutes passed at the same legislative session.
    In the approach to the discussion of the questions heretofore indicated, it may be well to note first the
    provisions of the challenged statutes. Section 5105-a40 defines certain terms, and, inter alia, contains the
    following:
    "1. The term `motor vehicle' shall mean any automobile, automobile truck, motor bus, or other self-propelled vehicle, not operated upon fixed rails or track, used for the public transportation of freight or passengers for compensation between fixed termini, or over a regular route, even though there may be occasional, periodic or irregular departures from such termini or route; except those busses owned by school corporations and used exclusively in conveying school children to and from schools.
    "2. The term `motor carrier' shall mean any person operating any motor vehicle upon any highway in this state."
    It is the general rule, as to the construction of statutes adopted at the same session of the legislature when they relate to the same subject-matter, that they shall be construed together. The rule that statutes in pari materia shall be construed together applies with peculiar force to statutes passed at the same session of the legislature.
    It is presumed that such acts are imbued with the same spirit, and actuated with the same policy, and they are to be construed together, as if parts of the same act. 36 Cyc. 1151.

    The Constitution of the United States is the supreme law, anything in the Constitutions or statutes of the states
    to the contrary notwithstanding, and a statute of a state, even when avowedly enacted in the exercise of its
    police powers, must yield to that law. As said in Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (46 L. Ed.
    679):
    "No right granted or secured by the Constitution of the United States can be impaired or destroyed by a state
    enactment, whatever may be the source from which the power to pass such enactment may have been derived."

    The appellants herein constitute a class of motor carriers which operate from terminal stations that are maintained and advertised as such by the carriers. The right of appellants to make the highways of this state their place of business or a part of their capital investment is distinct and different from the right of a citizen to
    travel thereon or to transport his property.

    In the instant case, the law is based upon the actual manner of operation, and there can be no doubt that, where a state, at its own expense, furnishes special facilities for the use of those engaged in commerce, it may exact compensation therefor. It has the right to say, if it pleases, that no person or corporation shall use its public
    highways as a transportation line for hire. The right of a citizen to travel upon the highway and transport his property thereon in the ordinary course of living and business is radically different from that of one who makes a certain portion of the highway his place of business, and uses it for private gain in the transportation of freight or passengers, as under the terms of the statute in question.

    ANY court ruling that says you need a license to drive any motor vehicle, depends upon their definition of motor vehicle and drive. By this Supreme Court decision the definition means commercial.

    Quote Quoting flyingron
    View Post
    What makes you think some lines from a federal regulation has any bearing whatsoever on Tennessee law.
    You ignore TCA 1-3-119

    Add this to it also: 4-5-103. Construction of chapter.
    (a)
    (1) This chapter shall not be construed as in derogation of the common law, but as remedial legislation designed to clarify and bring uniformity to the procedure of state administrative agencies and judicial review of their determination and shall be applied accordingly.
    (2) Administrative agencies shall have no inherent or common law powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions.

    So I again ask...where is the authority granted to license non-commercial use of the highways?

    Also try this : §382.107 Definitions
    Commerce means:
    (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or
    (2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (1) of this definition.

    Driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
    §382.109 Preemption of State and local laws.
    (a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regulation, or order to the extent that:
    (1) Compliance with both the State or local requirement in this part is not possible; or
    (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part.
    (b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public.

    That's where federal law bears on State laws.

    And that's where it defines Driver as commercial.

    Taxing Matters, if you noticed in my post of State v. Harris, it's the commercial use of the highways which are considered the privilege. Not the common right use. So for 55-4-101 to be lawful, it only applies to commercial use.

    Notice also, that's TN Supreme Court.

    Unlike the "right to travel, sovereign people, I've studied TN specific rulings and code. I have LOTS more.

  9. #129
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    . I have LOTS more.
    So you hoard toilet paper. Your lots more will go down the toilet when the court flushes you case. But good luck. You're not the first to try this and you won't be the last.

  10. #130
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    Default Re: Is Driving a Privilege or a Right

    I give up. OP does not understand how the law works, just spews legal diarrhea and thinks he's winning. Take this to court bub. Enjoy your stay in the Graybar Hotel.
    I am the Mouse Man

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