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Sunday, September 29, 2019

DMV RULES AND REGULATION CODES COVERS THE STATE OF CALIFORNIA cAN'T FIND THE STATUTE YOU NEED LICENSE AND REGISTRATION TO TRAVEL.





































The States are subject to Federal regulations which apply to "commercial motor vehicles" only. By law, the State can only regulate interstate commerce, with U.S. government only regulating interstate commerce. Statutes are not law, and no law is valid that requires us to waive any fundamental rights in order to comply with the demands of something called "the State".   

I WILL SHOW YOU 100% DMV IS COMMITTING FRAUD. YOUR PRIVATE AUTOMOBILE IS NOT SUBJECT  TO PROVISIONS IN DMV CODE.  
Above my ORIGINAL copy STATE OF CALIFORNIA "CERTIFICATE OF TITLE" to my automobile. Notice the red arrow? Looks like the DMV also agrees I have a automobile. 

The alteration of definitions in the California Vehicle Code of words like “Motor Vehicle” (removing from it all evidence of a “Motor Vehicle” being a COMMERCIAL VEHICLE), and the removal of some definitions altogether, such as term "automobile" from the DMV code, regulations, and statutes. 

There is a clear distinction between an "automobile" and a "motor vehicle". The definition and further clarification of the above terms you can find in: United States Code, Federal codes, CA. Department of Motor Vehicle codes, Certificate of Title, Uniform Commercial codes , Revenue & Tax codes, Commerce and Trade codes, Transportation codes,  Internal Revenue codes and Supreme Court all show motor vehicle and automobile are two separate meanings.
As you can clearly see from the above photo. DMV form (REG 31) Revised Verification Of Vehicle. DMV form shows DMV clarification of the term automobile is used several times and request public also mark the box under Category labeled as automobile.

  

While the distinction is made clear between the two as the supreme courts have also stated below, the law relating to police power (C.V.C. 21100 see below) to regulate motor vehicle registration, driver license is only for commercial.   

 "Is a motor vehicle and automobile one in the  same?" 
NO! 

In order for the DMV to continue the fraud, the state has omitted the word "automobile" from DMV code and regulations. But not from there office forms like form (REG 31) Revised Verification of Vehicle shown above.

But to confuse the public, there are over fifty different meanings for the term "motor vehicle." To keep the public from the truth, they write the statutes so confusing and separate them into several sections, subsections, using other divisions outside of DMV codes as you will see a few listed down below. 

The following DMV code clearly shows they can only regulate commercial vehicles. 

C.V.C. § 34500 -- The department shall regulate the safe operation of the following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000 pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses, farm labor vehicles, modified limousines, and general public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed in subdivision (a), (b), (c), (d), or (j). This subdivision does not include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set forth in subdivision (e) that exceeds 40 feet in length when coupled together.
(g) A vehicle, or a combination of vehicles, transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are required to be moved pursuant to a permit as specified in Section 35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health and Safety Code, that, when moved upon a highway, is required to be moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h), inclusive, or subdivision (k), that is regulated by the Department of Motor Vehicles, the Public Utilities Commission, or the United States Secretary of Transportation.
(k) A commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds or a commercial motor vehicle of any gross vehicle weight rating towing a vehicle described in subdivision (e) with a gross vehicle weight rating of more than 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers. For purposes of this subdivision, the term “commercial motor vehicle” has the meaning defined in subdivision (b) of Section 15210.
(Amended by Stats. 2016, Ch. 208, Sec. 24. (AB 2906) Effective January 1, 2017.)

Now did you see how every section clearly applies only to regulating commercial vehicles?  Not one section describing regulating your size or type of private automobile. 

The Federal government authorized police power to the 50 states to regulate traffic with the proper exercise of the police power, not to interfere with Constitution. 

C.V.C. § 21100 -- 
Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters: 
(a) Regulating or prohibiting processions or assemblages on the highways.
(b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire. 
(c) Regulating traffic by means of traffic officers. 
(d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400. 
(e) (1) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow. 
(2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision.
(f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority.
(g) (1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers’ tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees.
(2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring license and insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement’s limited resources.
(3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111.
(h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.
(i) Providing for the appointment of non student school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety.
(j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority.
(k) (1) Regulating cruising.
(2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution.
(3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply:
(A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval.
(B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising.
(l) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).
(m) Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period.
(n) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents:
(1) A valid California driver’s license.
(2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority.
(3) A valid California identification card and proof of successful completion of the written portion of the California driver’s license examination administered by the department. The department shall administer, without charging a fee, the original driver’s license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the person’s name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver’s license. The department is not required to enter the results of the examination into the computerized record of the person’s identification card or otherwise retain a record of the examination or results.
(o) (1) This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code.
(2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11.
(p) (1) Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period.
(2) Paragraph (1) does not apply to any of the following:
(A) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
(B) If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame.
(3) As used in paragraph (2), “permanently affixed” means any of the following:
(A) Painted directly on the body of a motor vehicle.
(B) Applied as a decal on the body of a motor vehicle.
(C) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.
(Amended by Stats. 2013, Ch. 652, Sec. 1. (AB 1253) Effective January 1, 2014.)
Now, did you read how every section clearly applies only to regulating traffic control devices (red lights) and (speed limit signs), driver license for pedicabs and tow trucks, advertising signs on motor vehicles used for commercial vehicles.  Not one section above describing or needing  a mandatory automobile registration, driver license, for your size or type of private automobile, by a human being.  
REALLY! HOW MANY DEFINITIONS YOU NEED FOR 
"MOTOR VEHICLE"

SUPREME COURT RULINGS

The word "automobile" connotes a "pleasure automobile"   designed for the transportation of persons on highways   See:  American Mutual Liability Ins. Co., vs Chaput. 60   A.2d 118. 120; 95 
 A automobile not used for commercial activity is labeled "consumer goods", it is NOT a type of vehicle required to be registered Pursuant to See:Bank of Boston vs Jones, 4 UCC Rep. Serv.1021, 236 A2d 484, UCC PP 9-109.14.?
 A "motor vehicle" or "automobile" for hire is a motor vehicle, other than an automobile used for the transportation of persons for which remuneration is received. See: International Motor Transit Co. vs Seattle, 251 P. 120.

Automobile purchased for the purpose of transporting buyer to and from his place of employment was ``consumer goods'' as defined in UCC § 9-109.” Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).


 “Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20.
“The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
“A soldier's personal automobile is part of his “household goods[.]” U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235” 19A Words and Phrases - Permanent Edition (West) pocket part 94.
UNITED STATES CODES 

Title 15 COMMERCE AND TRADE § 1231 (c) The term "automobile" includes any passenger car or station wagon.

Title 18  § 31 (a)(6)  Motor vehicle — 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. 


Title 18  § 31 (10)  Used for commercial purposes -- The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.Title 49. 

Title 49 Transportation § 30501 (1) ``automobile'' has the same meaning given that term in section 32901(a) of this title. (2) ``certificate of title'' means a document issued by a State showing ownership of an automobile. 

Title 49  § 393.1 (a) -- Motor vehicles with a GVWR below 4,536 kg (10,001 pounds) are applicable only when motor vehicle meet the definition of a commercial motor vehicle. 

Title 49  § 14504 (A) (10) Vehicle registration.—

The term “vehicle registration” means the registration of any commercial motor vehicle under the International Registration Plan (as defined in section 31701) or any other registration law or regulation of a jurisdiction.

Title 49 § 30102 (a)(6) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

Title 49 § 31301 (2) ‘‘commerce’’ means trade, traffic, and transportation.
(12) motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways.

Title 49 § 32901 (3) except as provided in section 32908 of this title, ‘‘automobile’’ means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, 


U.C.C. - ARTICLE 9 - SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

U.C.C. § 9-102. (44)  Goods -- means all things that are movable when a security interest attaches.

U.C.C. § 9-109 (1) “consumer goods” if they are used or bought for use primarily for personal, family or household purposes; 

U.C.C. § 9-102. (23) -- "Consumer goods" means goods that are used or bought for use primarily for personal, family, or household purposes.
  CALIFORNIA DMV STATUTES AND CODES
C.V.C. § 12500 (6) 
driver's license” means a license issued by a State to an individual authorizing the individual to operate a motor vehicle on highways.
C.V.C. § 415. (a) -- A “motor vehicle” is a vehicle that is self-propelled. 
C.V.C  § 260.(a) -- A “commercial vehicle” is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. 
 C.V.C. § 12500 (a) A person "may" (permissive) not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.
      C.V.C. § 15210 (p)(7)   “Absent any federal definition the                        definitions of this code shall apply.”


Conclusion is that 4000(a) is a law that requires registration of vehicles that are used for transporting persons and property for hire, because the vehicle code is nothing more than a consolidation of laws that regulated “for profit” use of the highways. Nebraska (1905) has close to the same language “vehicles offered to the public for hire”.  Most literate police officers know this but ignore it to keep their job security.  Woe to such for this is organized crime, extortion, theft by deception. 

This is “evidence of law” good in any State /United States courts.  The same process is remove us from property tax obligations as well. 

A little clarification above, for hire is an “act” not a “person” as we know it, but an immigrant is a “person” that comes for gain (commercial reasons) so one must understand the distinction then the written law makes more sense. 

The DMV statutes and codes clearly show the statutes only pertain to persons, individuals which are artificial or fictitious not real. You are natural person, a live flesh and blood human being.  

SOURCES:   
         California Department of Motor Vehicle Codes Div. 1
        Uniform Commercial Codes  Sec. 9-100
        Revenue & Tax Codes
        Commerce and Trade Codes
        United States Codes Title 15, 18, 49
        Internal Revenue codes
        United States Codes


  1.  . American Mutual Liability Ins. Co., vs Chaput. 60   A.2d 118. 120; 95 
        2. Bank of Boston vs Jones, 4 UCC Rep. Serv.1021, 236  A2d 484, UCC                 PP 9-109.14.?
        3.  International Motor Transit Co. vs Seattle, 251 P. 120.
         4.  Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep                                    Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).
         5.  Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825
         6.  Hillhouse v United States, 152 F. 163, 164 (2nd Cir.                                              1907).
         7.  U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235”








1 comment:

Unknown said...

What’s the solution to our problems?
Register our automobile correctly; regarding the gvwr portion that would put us out of the commercial designation? To me the weight is the defining factor. But what about recording our certificate of title with the county clerk? It’s good to know I’m not the only one who sees something odd with this current setup. God bless!