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  1. #161
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Taxing, by what I read in Scalia's book and elsewhere, the common definition is use, but it also says the common legal definitions. As a common lawyer would read it. And passenger is one who pays, making it commercial, by passenger cases and Black's.
    First, why are you focusing on the word passenger anyway? Neither the terms vehicle nor motor vehicle in § 55-1-103 use that word. Thus, that word doesn't help you in what motor vehicle means in that section. Use the words of the statute and don't try to add in words that are not there.

    Even if it was in the statute, it would not help you as the definition of the term passenger today does not mean what you say it does. The current definition of motor vehicle was put in § 55-1-103 in 2019. So a court would look at the meaning of the term in 2019 to determine what the legislature meant. In doing so, the ordinary English language definition applies unless it is clear the legislature meant something else. From a pretty recent Tennessee appellate court decision:

    Our goal in statutory interpretation is to “ascertain and effectuate the legislature's intent.” Kite v. Kite, 22 S.W.3d 803, 805 (Tenn. 1997). When a statute's language is unambiguous, we derive legislative intent from the statute's plain language. Carson Creek Vacation Resorts, Inc. v. Dep't of Revenue, 865 S.W.2d 1, 2 (Tenn. 1993). The words used in the statute should be given their natural, ordinary meaning “in the context in which they appear in the statute and in light of the statute's general purpose.”

    In re Estate of Starkey, 556 S.W.3d 811, 815 (Tenn. Ct. App. 2018). And the Tennessee Supreme Court in 2015 said the same thing:

    The role of this Court in statutory interpretation is to assign a statute the full effect of the legislative intent without restricting or expanding the intended scope of the statute. See Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 527 (Tenn.2010); Larsen–Ball v. Ball, 301 S.W.3d 228, 232 (Tenn.2010). In doing so, we first must look to the text of the statute and give the words of the statute “their natural and ordinary meaning in the context in which they appear and in light of the statute's general purpose.” Mills v. Fulmarque, Inc., 360 S.W.3d 362, 368 (Tenn.2012) (citing Lee Med., Inc., 312 S.W.3d at 526; Hayes v. Gibson Cnty., 288 S.W.3d 334, 337 (Tenn.2009); Waldschmidt v. Reassure Am. Life Ins. Co., 271 S.W.3d 173, 176 (Tenn.2008)). Therefore, when the language of a statute is clear and unambiguous, we need look no further than the plain and ordinary meaning of the statutory language. See Mills, 360 S.W.3d at 368. That is, “we presume that every word in the statute has meaning and purpose and should be given full effect if the obvious intent of the General Assembly is not violated by so doing.” Larsen–Ball, 301 S.W.3d at 232.

    Davis ex rel. Davis v. Ibach, 465 S.W.3d 570, 573 (Tenn. 2015)(bolding added).

    So that's how the Tennessee courts will go about defining the terms used. Unless a contrary intent is reflected in the statute, the plain and ordinary meaning of the words is what they will use.

    Where the legislature uses a term that is a specialized legal term, what lawyers call a term of art, the courts may presume that what the legislature intended. And Black's Law Dictionary is certainly the most common resource courts use for those kinds of legal terms.

    But he problem for you is the word passenger is not a word with a specific legal meaning. Not anymore. Look at the current editions of Black's, the 10th and 11th Editions (the 11th is brand new). Neither edition has a definition for it. Indeed, there hasn't been a definition for it in Black's since at least the 7th edition, which goes back over 20 years.

    Since you like relying on Scalia's explanations of things, I'll point out that the 7th Edition was the first edition edited by Bryan Garner, a well respected authority on legal writing and who was Scalia's co-author on several books. He has done every edition since. He significantly updated and modernized Black's, getting rid of a number of words that no longer were used in the law.

    Times change and definitions of words change along with them. The court isn't going to use an ancient law dictionary from 100 years ago to define terms for a definition enacted in 2019. It will use modern dictionaries.

    And since Black's no longer defines the term, the ordinary meaning found in Webster's is what courts tend to go to. And Webster's defines it as:

    1: wayfarer
    2 : a traveler in a public or private conveyance

    The term is thus not limited to someone who has paid for transport.

    As I said to you before, one of mistakes you are making (which is what those web sites that push the same arguments you are using) is that they use out-of-date cases, statutes, and yes, out of date dictionaries. Old materials that have been surpassed by new ones are not helpful to you since newer cases, statutes, etc that apply as they supercede the old ones. Don't rely on a dictionary from 1910 to define a word today.

  2. #162
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    Default Re: Is Driving a Privilege or a Right

    Black's 9th
    instrument. (I5c) 1. A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract, will, promissory note, or share certificate.
    - Also termed legal instrument

    Quote Quoting Taxing Matters
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    [FONT=Georgia][SIZE=3]First, why are you focusing on the word passenger anyway? Neither the terms vehicle nor motor vehicle in § 55-1-103 use that word. Thus, that word doesn't help you in what motor vehicle means in that section. Use the words of the statute and don't try to add in words that are not there.
    55-4-125. Implementation of passenger motor vehicle registration or wheel tax incentive for participation in college savings plans.
    (a) The department shall assist the board of trustees of the college savings trust fund program in the implementation of a passenger motor vehicle registration or wheel tax incentive established under § 49-7-805(4) that shall include, but not be limited to, college savings plan incentive inserts in the department's motor vehicle registration notifications, providing college savings plan incentives information with any website renewal, sending other notifications about college savings incentives by electronic means, and providing information about college savings incentives through any other web-based means.

    I had to pay a wheel tax,,so apparently I "drive" a passenger vehicle.

    The word TRANSPORTED as used in "vehicle" has a very definite legal definition. Commerce in TCA is defined as trade, traffic and transportation. If transportation is commerce...so is transported.

    This next TCA (and the commercial one in Title 65) is the only place that grants the authority to license vehicles.
    7-51-1003. Scope of authority.
    (a) Every municipality, or other governmental entity, is hereby expressly authorized and empowered to protect the public health, safety, and welfare by licensing, controlling, and regulating by ordinance or resolution each private passenger-for-hire vehicle providing transportation services operated within the jurisdiction of the municipality or other governmental entity.
    (b) Every municipality or other governmental entity is empowered to regulate the following:
    (1) Entry into the business of providing passenger transportation service, including taxicab service, within the jurisdiction of that municipality or governmental entity;
    (2) The rates charged for the provision of such passenger transportation service;

    Find me any statute that grants the authority to license a private non-commercial vehicle. It would be hard when this is the definition of licensing authority.
    (2) “Licensing authority” means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. “Licensing authority” does not include any state regulatory board, commission, council, or committee that regulates a person under title 63 or title 68, chapter 11 or 140

    Here's another part of defense
    39-11-610. Public duty.
    (a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process.
    Because I can't find where the non-commercial use requires a license..it must be authorized.

    From Webster's
    Definition of conveyance

    1 : the action of conveying the conveyance of goods the conveyance of meaning
    2 : a means or way of conveying: such as
    a : an instrument (see instrument entry 1 sense 5) by which title to property is conveyed (see convey sense 1c)
    b : a means of transport : vehicle

    Definition of vehicle

    1 : a means of carrying or transporting something planes, trains, and other vehicles : such as
    a : motor vehicle
    b : a piece of mechanized equipment
    2 : an agent of transmission : carrier

    Definition of transport

    (Entry 1 of 2)

    transitive verb
    1 : to transfer or convey from one place to another transporting ions across a living membrane
    2 : to carry away with strong and often intensely pleasant emotion
    3 : to send to a penal colony overseas

    transport noun
    trans·​port | \ ˈtran(t)s-ˌpȯrt
    \

    Definition of transport (Entry 2 of 2)
    1 : an act or process of transporting : transportation
    2a : a ship for carrying soldiers or military equipment
    b : a vehicle (such as a truck or airplane) used to transport persons or goods
    c : transportation sense 2

    Definition of carry

    (Entry 1 of 2)

    transitive verb
    1 : to move while supporting : transport
    her legs refused to carry her further— Ellen Glasgow

    Definition of transportation

    1 : an act, process, or instance of transporting or being transported
    2a : means of conveyance or travel from one place to another
    b : public conveyance of passengers or goods especially as a commercial enterprise
    3 : banishment to a penal colony

    TCA 55-50-102. Chapter definitions.
    (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);

    COMMERCE = TRANSPORTATION in TCA code.

    All leads back to commercial.

    And add GOODS: Definition of good (Entry 2 of 3) : 3 a something that has economic utility or satisfies an economic want
    b goods plural : personal property having intrinsic value but usually excluding money, securities, and negotiable instruments
    c goods plural : cloth
    d goods plural : something manufactured or produced for sale : wares, merchandise canned goods
    e goods plural, British : freight

    So if the legislative INTENT was to regulate and license commercial use....it all fits perfect.

  3. #163
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Black's 9th
    instrument. (I5c) 1. A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract, will, promissory note, or share certificate.
    - Also termed legal instrument
    And what is the significance of that?

    Quote Quoting Edward333
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    55-4-125. Implementation of passenger motor vehicle registration or wheel tax incentive for participation in college savings plans.
    (a) The department shall assist the board of trustees of the college savings trust fund program in the implementation of a passenger motor vehicle registration or wheel tax incentive established under § 49-7-805(4) that shall include, but not be limited to, college savings plan incentive inserts in the department's motor vehicle registration notifications, providing college savings plan incentives information with any website renewal, sending other notifications about college savings incentives by electronic means, and providing information about college savings incentives through any other web-based means.

    I had to pay a wheel tax,,so apparently I "drive" a passenger vehicle.
    But again, the word "passenger" is not part of the definition of "vehicle" or "motor vehicle" and thus not relevant to the issue you have. You are trying to put something in the definitions that is not there, and the court isn't going to buy that. Focus on just what the definitions themselves say. That's what the court is going to do. And besides, as I pointed out before, passenger does not mean what you think it does.

    Quote Quoting Edward333
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    The word TRANSPORTED as used in "vehicle" has a very definite legal definition. Commerce in TCA is defined as trade, traffic and transportation. If transportation is commerce...so is transported.
    No. The word transported in § 55-1-103 would be defined using its common, ordinary meaning since nothing in that statute suggests a different meaning is intended. That's what the cases I quoted to you before say that you do. That the term "commerce" is defined in a certain way does not help you because (1) the definition of commerce is not at issue and (2) is not part of the title for motor vehicles. Commerce is not in the § 55-1-103 definitions of vehicle and motor vehicle. As I told you before, definitions of terms for statutes that are outside the motor vehicle title don't help you because those terms are defined for some other purpose. Exactly what section are you using for this definition of commerce?

    Also, it is a logical error to say that because the word transportation is used in defining commerce that the two words must mean the same thing. If the word color was defined to mean blue, red, and yellow it would not be correct to say that the word red means the same thing as color.


    Quote Quoting Edward333
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    This next TCA (and the commercial one in Title 65) is the only place that grants the authority to license vehicles.
    No, you are wrong that. I cited you the section that requires vehicles to be registered before, § 55-4-101. Subsection (a) of that section states:

    (a)(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.


    Quote Quoting Edward333
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    Find me any statute that grants the authority to license a private non-commercial vehicle. It would be hard when this is the definition of licensing authority.
    (2) “Licensing authority” means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. “Licensing authority” does not include any state regulatory board, commission, council, or committee that regulates a person under title 63 or title 68, chapter 11 or 140
    You don't read the Codes carefully enough. First, I found 13 different sections of the Tennessee Code that define the term "licensing authority" and each are different. That alone should tell you that there is not one definition of the term that applies for all of the Tennessee code. Rather, each of those apply only to the particular chapter, part, or section which contains the definition; they do not apply to other parts of the Code. They are meant only to apply for a specific purpose, not for all parts of the Code. Your choice of definition is a great example. The definition you grabbed is in TC § 4-5-501 and is in the Right to Earn Act. This Act has nothing whatever to do with licensing drivers or registering vehicles. The definitions in that Act only apply for the Right to Earn Act and not any other part of the Code. That section itself tells you that had you read it closely enough. The Right to Earn Act is contained in Title 4, Chapter 5, Part 5 of the Tennessee Code. Section 4-5-501, which is the first section of the Act and contains the definitions, says:

    As used in this part:

    (1) “Entry regulation” means:
    (A) Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; or
    (B) Any policy or practice of a licensing authority that is established, adopted, or implemented by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any policy or practice relating to the qualifications or requirements of a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; and
    (2) “Licensing authority” means any state regulatory board, commission, council, or committee in the executive branch of state government established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. “Licensing authority” does not include any state regulatory board, commission, council, or committee that regulates a person under title 63 or title 68, chapter 11 or 140.

    Tenn. Code Ann. § 4-5-501(bolding added). Note the part I put in bold, which says "As used in this part". That specifically tells you the definitions are limited to that part of the Code (i.e. Part 5, Chapter 5 of Title 4). It therefore has no application outside that part, and certainly nothing to do with Title 55, which is the Title that deals with motor vehicles.

    Second, as it applies to registration of vehicles, § 55-2-101 specifically gives the Department of Revenue the authority to administer those provisions, stating: "Except as otherwise specifically provided by law, chapters 1-6 of this title shall be administered by the commissioner of revenue." That is your licensing authority even though those exact words are not used. There is no requirement that the legislature must use the exact term "licensing authority" when granting licensing power.


    Quote Quoting Edward333
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    Here's another part of defense
    39-11-610. Public duty.
    (a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process.
    The statutes clearly require the driver's license and registration, your efforts at trying to prove otherwise notwithstanding. And that's pretty common knowledge. I doubt very much that a court is going to find that you reasonably believed your conduct in driving without a license was justified. But you are free to try it.

    Quote Quoting Edward333
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    So if the legislative INTENT was to regulate and license commercial use....it all fits perfect.
    No, it doesn't fit perfect. Your Websters definitions are all well and good and are totally consistent with the state licensing non commercial vehicles and drivers.

    It's your attempt to shoehorn in the definition of commerce that trips you up. Once again, you need to get into your head that definitions in some other part of the Code don't help you. Lets look at your definition of commerce from § 55-50-102, which you are heavily relying upon. You made the same mistake of not reading the statute carefully as you did with the Right to Earn Act definition of licensing authority. That section starts out: "As used in this chapter, unless the context otherwise requires". (Bolding added). So the definitions in there only apply for purposes of Chapter 50 of Title 55. As the definitions of "motor vehicle" and "vehicle" are in Chapter 1, not Chapter 50, that definition does not apply. Bottom line here: read ALL of the statute, not just what you want to read. That includes reading the limiting language in the definitions like this one.

    Also, as I stated before, it is a logical error to assume that because transportation is used in defining the term commerce in that section that the terms commerce and transportation are synonymous. They aren't. You instead have to look at the definition of transport itself. And since § 55-1-102 does not say that something else is intended, you use the ordinary definition of the term, e.g. the Webster's definition. You are trying to create your own definition of transportation with some legal gymnastics to avoid that common, ordinary one. I can understand why — the ordinary definition of the term doesn't help you. Yet that is what the court will use. The court isn't going to go down the rabbit hole you'd like to lead it into.

  4. #164
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Taxing Matters
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    [FONT=Georgia][SIZE=3]

    No. The word transported in § 55-1-103 would be defined using its common, ordinary meaning since nothing in that statute suggests a different meaning is intended. That's what the cases I quoted to you before say that you do. That the term "commerce" is defined in a certain way does not help you because (1) the definition of commerce is not at issue and (2) is not part of the title for motor vehicles. Commerce is not in the § 55-1-103 definitions of vehicle and motor vehicle. As I told you before, definitions of terms for statutes that are outside the motor vehicle title don't help you because those terms are defined for some other purpose. Exactly what section are you using for this definition of commerce?
    55-50-102. Chapter definitions. This is where the definition is from...along with a lot of other commercial definitions.

    And this is the common every day definition by Webster's
    Definition of transport (Entry 2 of 2)
    1 : an act or process of transporting : transportation
    So if Transportation is commerce for Title 55....????

    Title 55 is supposed to be normal vehicles.

    And I keep bringing up Passengerr...because Their Licensing website says " A class d license is needed for Passenger vehicles" At the top, implying that's what a normal license is. I can't find my screenshot fast.

    Or that website atm.

    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.

    That negates your : Second, as it applies to registration of vehicles, § 55-2-101 specifically gives the Department of Revenue the authority to administer those provisions, stating: "Except as otherwise specifically provided by law, chapters 1-6 of this title shall be administered by the commissioner of revenue." That is your licensing authority even though those exact words are not used. There is no requirement that the legislature must use the exact term "licensing authority" when granting licensing power.

    And nothing in chapters 1-6 says they can license..only make rules and regulations concerning licensing...which they are giving in Title 65 and commercial vehicles mentioned in Title 55.

    I've read all the definitions and limiting clauses. Chapter 1 definition of vehicle also contain the word Transported.

    I just have so much research on here, it's hard to find which copy of what statute where and when and why.....

    Found it : https://www.tn.gov/safety/driver-services/classd.html
    Regular Driver License
    What is a Regular (Class D) License?

    A Class D License is a regular driver license and is required to operate a passenger vehicle.

    Sneaky bastards. lol

    That implies that all regular licenses are for passenger vehicles.

    Also from there : Generally speaking, the majority of applicants for a Tennessee driver license will be operators of regular passenger vehicles, pick-up trucks, or vans. The Driver License Manual is designed to provide the information you need to get a Class D license.

    I know WTF a passenger is legally defined as since the first Passenger Case.

  5. #165
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Taxing Matters, if the cop testifies that I was driving a blue Toyota Camry, there's no law against driving a blue Toyota Camry. The alleged crime is driving a motor vehicle. The judge can say driving a motor vehicle is a crime, but he's not an expert witness either. He can't testify that a Camry is a motor vehicle. It must be proven that it's a motor vehicle.
    Edward do you know what Judicial Notice is?

    Judge: Officer was he driving a motor vehicle?

    Officer: Yes, he was driving a Toyota Camry!

    Edward: Objection, there is no proof that a camry is a motor vehicle!

    Judge: The court takes Judicial Notice that a camry is a motor vehicle!

    Any other argument will defective, regardless of your many legal citations and years of researching.

    http://tncourts.gov/rules/rules-evidence/201

  6. #166
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    Default Re: Is Driving a Privilege or a Right

    But the main issue is what a "privilege" is.

    Tennessee Constitution
    Article II Section 28
    The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to

    time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes

    on the inventories of merchandise held by such merchants and businesses for sale or exchange.


    31. Associated-Words Canon
    Associated words bear on one another’s meaning (noscitur a sociis).
    The Latin phrase noscitur a sociis means “it is known by its associates”—a classical version, applied to textual

    explanation, of the observed phenomenon that birds of a feather flock together. The associated-words canon could refer

    to the basic principle that words are given meaning by their context (see § 2)—and some authorities use this canon at

    that broad level of generality.1 But we mean something more specific. When several nouns or verbs or adjectives or

    adverbs —any words—are associated in a context suggesting that the words have something in common, they should be

    assigned a permissible meaning that makes them similar. The canon especially holds that “words grouped in a list
    should be given related meanings.”2

    32. Ejusdem Generis Canon Where general words follow an enumeration of two or more things, they apply only to persons

    or things of the same general kind or class specifically mentioned (ejusdem generis).

    The ejusdem generis canon applies when a drafter has tacked on a catchall phrase at the end of an enumeration of

    specifics, as in dogs, cats, horses, cattle, and other animals.

    The rationale for the ejusdem generis canon is twofold: When the initial terms all belong to an obvious and readily

    identifiable genus, one presumes that the speaker or writer has that category in mind for the entire passage.




    Tennessee Supreme Court

    JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC.

    3 Tenn. Cas. 230
    Jan. 1, 1877

    5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege.
    The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.)

    (The simple enjoyment of property (using an automobile on our public property..ie highways) can't be declared a privilege.)

    9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution.

    The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.)

    Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702].

    Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712.
    10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation.

    ( That Means This Definition )


    Jack Cole Co.v.MacFarland

    Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960

    337 S.W.2d 453 (Tenn. 1960)

    It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege.

    "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647.
    "Privileges are special rights, belonging to the individual or class, and not to the mass; properly, an exemption from some general burden, obligation or duty; a right peculiar to some individual or body." Lonas v. State, 50 Tenn. 287, 307

  7. #167
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    Default Re: Is Driving a Privilege or a Right

    You already posted all that. Once a Judge asks you if your toyota Camry is a motor vehicle or not, and you respond that it is not, you loose all credibility in your legal pursuit.

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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting RJR
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    Edward do you know what Judicial Notice is?

    Judge: Officer was he driving a motor vehicle?

    Officer: Yes, he was driving a Toyota Camry!

    Edward: Objection, there is no proof that a camry is a motor vehicle!

    Judge: The court takes Judicial Notice that a camry is a motor vehicle!

    Any other argument will defective, regardless of your many legal citations and years of researching.

    http://tncourts.gov/rules/rules-evidence/201
    Thanks for the link...but did you miss where I said : And see this from State v. Johnson :
    (2) That, if the Act is constitutional, it is fatally defective, in that it cannot be determined therefrom what is meant by the term "motor vehicle" as defined therein. *Page 248
    (3) That the evidence is insufficient to warrant a submission of the case to the jury for the reason that the state failed to prove that the vehicle operated came within the purview of the statute by not proving that the vehicle in question was not one of those exempted.

    So that means the State must prove the type of vehicle and if it's required to be registered. It's a blue Toyota Camry, but is it a motor vehicle that's required to be registered? The State must prove it, not the judge.

  9. #169
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    Default Re: Is Driving a Privilege or a Right

    All I can finally say is "Go for it cat"!

  10. #170
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting RJR
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    You already posted all that. Once a Judge asks you if your toyota Camry is a motor vehicle or not, and you respond that it is not, you loose all credibility in your legal pursuit.
    Technically, the judge isn't the prosecutor and shouldn't ask me question. He is to judge, not prosecute.

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