Is Driving a Privilege or a Right

[PayrolGuy]

Taxing Matters posted " 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."

as being authority. That's not. That only states that "vehicles used in the privilege( profit) of using the highways, are required to be registered and tagged.

Where do you get te bolded? If you are going to say Title 65 you are wrong. The two sections of law are completely independent.

[Edward333]

Taxing Matters can post any rulings he wants about a license being needed to drive a motor vehicle he wants. But unless TCA gives the authority to actually license non-commercial automobiles, it doesn't matter. TCA specificly states that authority has to be giving. And again, the historical use and definition of "motor vehicle " is as stated in the Iowa case. Commercial.

[PayrolGuy]

Taxing Matters can post any rulings he wants about a license being needed to drive a motor vehicle he wants. But unless TCA gives the authority to actually license non-commercial automobiles, it doesn't matter. TCA specificly states that authority has to be giving. And again, the historical use and definition of "motor vehicle " is as stated in the Iowa case. Commercial.

It does and it does it in 55-4-101 that you just posted.

[Edward333]

Where do you get te bolded? If you are going to say Title 65 you are wrong. The two sections of law are completely independent.

Look up Pari Materia. The Iowa case mentions it also. Nowhere is authority giving. In Title 55, it only give authority to make rules and regulations concerning the licensing of vehicles. Rules and regulations isn't authority to license. The only authority is giving in Title 65...which was enacted Pari Materia.

Authority has to be expressly giving.
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.

The only express authority is Title 65 for commercial. So Title 55 (which also contain commercial vehicles) only include commercial in the tag requirements.

[PayrolGuy]

Sigh

Let me ask then at what level of the courts telling you that you are wrong will you acknowledge that you are wrong and do you have the money and time to take it that far?

[Edward333]

The privilege tax refers to the TN definition of privilege, which is the making of profit. As confirmed by Title 67 concerning Privilege Tax.

[free9man]

Do you even know what a private right of action is?

[PayrolGuy]

Of course then there is the circular logic that the courts and jduges don't want us to know this secret loophole you have found but it will be the courts and judges that decide if you are in violation of the law.

Not to mention that if it were actually true that TN somehow forgot to enact enabling legislation they could take about an hour an do so.

[Edward333]

Do you even know what a private right of action is?

I also understand that courts and licensing boards are mentioned, so it can't be limited to individuals. It implies that they can't sue, or enforce anything unless authority is giving.

Of course then there is the circular logic that the courts and jduges don't want us to know this secret loophole you have found but it will be the courts and judges that decide if you are in violation of the law.

Not to mention that if it were actually true that TN somehow forgot to enact enabling legislation they could take about an hour an do so.

But then my case would be ex post facto. I can't be punished for a law performed before the law was passed.

[free9man]

I also understand that courts and licensing boards are mentioned, so it can't be limited to individuals. It implies that they can't sue, or enforce anything unless authority is giving.

No, that's not what it says. It says a private right of action cannot be implied or conferred without legislative authority. So again, do you know what a private right of action is?