Page 20 of 22 FirstFirst ... 10 18 19 20 21 22 LastLast
Results 191 to 200 of 215
  1. #191
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
    View Post
    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.

  2. #192
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Is Driving a Privilege or a Right

    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.

  3. #193
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
    View Post
    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.

  4. #194
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting PayrolGuy
    View Post
    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.

  5. #195
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Is Driving a Privilege or a Right

    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?

  6. #196
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Is Driving a Privilege or a Right

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

  7. #197
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Is Driving a Privilege or a Right

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

  8. #198
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Is Driving a Privilege or a Right

    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.

  9. #199
    Join Date
    Jan 2020
    Posts
    108

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting free9man
    View Post
    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.

    Quote Quoting PayrolGuy
    View Post
    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.

  10. #200
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
    View Post
    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?

    1. Sponsored Links
       

Page 20 of 22 FirstFirst ... 10 18 19 20 21 22 LastLast

Similar Threads

  1. Driving Should Be a Right, Not a Privilege
    By zerokill2006 in forum Banter
    Replies: 9
    Last Post: 07-13-2020, 04:15 PM
  2. Unlicensed Driving: Case Law Holding That Driving is a Right, Not a Privilege
    By jjtravelfree in forum Driver's Licenses
    Replies: 3
    Last Post: 09-21-2013, 09:40 PM
  3. Restricted Licenses: Driving Out-Of-State on a North Carolina Limited Driving Privilege
    By trixiebest in forum Driver's Licenses
    Replies: 1
    Last Post: 06-26-2011, 09:59 AM
  4. Drunk and Impaired Driving: DWI Limited Driving Privilege Transfer
    By hellobikboy in forum Drunk and Impaired Driving Charges
    Replies: 14
    Last Post: 03-05-2009, 09:22 PM
  5. How to Get an NC Limited Driving Privilege
    By gokussgohan2 in forum Driver's Licenses
    Replies: 1
    Last Post: 11-25-2008, 09:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources