My SECOND request for confirmation that my private
NON-COMMERCIAL automobile is UNREGISTERED, and that the Driver’s License I was
defrauded into applying for was VOIDED, and with an additional REQUEST for
information and/or an application for acquiring EXEMPT plates for my private
conveyance as is required of you under 188 Cal. 734; 207 P. 251; 1922 Cal.
LEXIS 477.
The State has failed to show me any law or proof its
mandatory and required to register my private automobile and apply for a driver
license. I’m simply requesting the State of California DMV to show me in
context the States authority to regulate, create statutes for my intrastate
travels in my private automobile. The States are subject to Federal regulations
which only apply to commercial vehicles. By law the State can only regulate
intrastate commerce. I do not travel in commerce.
200 years of case law that confirm that the right to travel
is an un-regulable/un-taxable and Constitutionally-protected, unalienable right
of every human NOT engaged in COMMERCE when traveling in their automobiles. THE
FACT that U.S. Codes with numerous departments including DEPARTMENT of MOTOR
VEHICLES (DMV) definitions all pertain to COMMERCE. In U.S. v Guest, 383 U.S.
745 (1966), the Supreme Court noted, "It is a right that has been firmly
established and repeatedly recognized." In fact, in Shapiro v Thompson,
394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that
"it is a right broadly assertable against private interference as well as
governmental action. Like the right of association, it is a virtually
unconditional personal right, guaranteed by the Constitution to us all."
The DMV fraud and cover-up of the fraud for the purposes of
extorting astronomical amounts of money out of Americans while treading on
their Natural Rights is the alteration of definitions in the 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 California has done with the words “automobile” and “transportation” which
are nowhere to be found HERE: California Vehicle Code - VEHICLE, DIVISION 1.
WORDS AND PHRASES DEFINED.
(As noted above, the definition of AUTOMOBILE and TRANSPORTATION
is no longer to be found in the DMV’s definitions in their code).
However, you replaced
the word TRANSPORTATION with and define the term “TRANSPORTER”: VEHICLE,
DIVISION 1. 645 (a) A “transporter” is a person engaged in the business of
moving any owned or lawfully possessed vehicle by lawful methods over the
highways for the purpose of delivery of such vehicles to dealers, sales agents
of a manufacturer, purchasers, or to a new location as requested by the owner.
IN OTHER WORDS - COMMERCE. Therefore, it obviously follows
that “TRANSPORTATION” would be defined as the COMMERCIAL activity of someone
engaged in a for-hire capacity. The language and definition of “motor vehicle”
was changed in 1961 as a means to deliberately con people into believing that
their RIGHTFUL use of the highways was a regularly “privilege” that required
licensing.
Just look at CALIFORNIA Vehicle Code – VEHICLE DIVISION 1.
WORDS AND PHRASES DEFINED [100 - 681] (
Division 1 enacted by Stats. 1959, Ch. 3. ) 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.
The DMV codes reads passenger vehicles and house cars are not
used for hire and are not commercial vehicles. The DMV separates: commercial
vehicle, passenger vehicle, house car vehicle, van pool vehicle, all in
different class, but the DMV still labels them all as “motor vehicles” one as
the same.
My self and many other TRAVELERS find it very interesting that you
use the word “Transportation” within commercial definitions, but you do not define
it. I also find it very interesting that you use the word “AUTOMOBILE” on DMV
documents: CERTIFICATE OF TITLE and DMV revised VERIFICATION OF VEHICLE (31)
FORM under Body Type Model Codes and Emission Label Test Group, but you do not
define it. Perhaps you can let me know WHY that is.
CAN IT BE ANY CLEARER TO DMV THAN THIS: U.S. Supreme Court, Reno V. Condon, Jan. 12, 2000: “The activity licensed by state DMVs and in connection with which individuals must submit personal information to the DMV is itself integrally RELATED TO INTERSTATE COMMERCE.” [emphasis, mine]
The Motor Vehicle Transportation License Act of 1925 which
clearly states: “Those who transport no persons or property for hire or
compensation, by motor vehicle, have been determined in the Bacon Service
Corporation case to be lawful exemptions.” (See: re Schmolke (1926) 199 Cal.
42, 46.)
The "right to travel" means the supposed right to
"travel freely in your private property / automobile / conveyance on the
public roads / highways without a driver's license, insurance or registration
and exempt from regulation or interruption provided one does not engage in
commerce to earn a profit.
California is not the only State. The Oregon Supreme Court, as well, ruled (see: generally Kalich v. Knapp, 73 Or. 558) “the legislature has no power to regulate the people or their automobiles.”
To start, the presumed right to travel is firmly established
from cases in U.S. law and precedent. You must know “LEGALESE”, the language
used in court. Normal definition of words is not the same in court. A state’s
Department of Motor Vehicles, whether California or Florida regulates “motor
vehicles,” not automobiles, and as with any other circumstance, words have meaning.
“OPERATOR” - of a “motor vehicle”
is “the person who is licensed to have the car on the streets in the business
of carrying passengers for hire; while the 'driver' is the one who actually
drives the car. However, in the actual prosecution of business, it was possible
for the same person to be both 'operator' and 'driver.'" Newbill vs.
Union Indemnity Co., 60 SE.2d 658.
"DRIVER” - One employed in
conducting a coach, carriage, wagon, or other vehicle..." Bovier's Law
Dictionary, 1914 ed., p. 940.
"TRAVELER” - One who passes
from place to place, whether for pleasure, instruction, business, or
health." Locket vs. State, 47 Ala. 45; Bovier's Law Dictionary, 1914
ed., p. 3309.
"TRAFFIC” -
Commerce, trade, sale or exchange of merchandise, bills, money, or the like.
The passing of goods and commodities from one person to another for an
equivalent in goods or money..."; Bovier's Law Dictionary, 1914 ed., p.
3307.
Furthermore, the word "traffic"
and "travel" must have different meanings which the courts recognize. The difference is recognized in Ex Parte
Dickey, supra:
The court, by using both terms, signified its recognition
of a distinction between the two. But, what was the distinction? To clear up any doubt:
"The word 'traffic' is manifestly used here in secondary sense, and has reference to the business of transportation rather than to its primary meaning of interchange of commodities." Allen vs. City of Bellingham , 163 P. 18.
The above Supreme Court case the State of Washington has
defined the word "traffic" (in either it’s primary or secondary
sense) in reference to business, and not to mere travel! So it is clear that
the term "traffic" is business related and therefore, it is a
"privilege."
Here are some other case citations:
CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right
of which the public and individuals cannot rightfully be deprived."
Chicago Motor Coach v. Chicago , 169 NE 221.
CASE #2: "The right of the citizen to travel upon the public
highways and to transport his property thereon, either by carriage or by
automobile, is not a mere privilege which a city may prohibit or permit at will,
but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
CASE #3: "The right to travel is a part of the liberty of which
the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.
CASE #4: "The right to travel is a well-established common right
that does not owe its existence to the federal government. It is recognized
by the courts as a natural right." Schactman v. Dulles 96 App DC 287,
225 F2d 938, at 941.
It could not be stated more directly or conclusively that
citizens of the states have a common law right to travel, without approval or
restriction (license), and that this right is protected under the U.S.
Constitution.
"The use of the highways for the purpose of travel
and transportation is not a mere privilege, but a common and fundamental Right
of which the public and the individual cannot be rightfully deprived."
[emphasis added] Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs.
Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways
Sect.163.
In U.S. v Guest, 383
U.S. 745 (1966), the Supreme Court noted, "It is a right that has been
firmly established and repeatedly recognized." In fact, in Shapiro v
Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion
that "it is a right broadly assertable against private interference as
well as governmental action. Like the right of association it is a virtually
unconditional personal right, guaranteed by the Constitution to us all."
The following United States Code sections show the codes
are associated with “commercial vehicles” only and do not list any proof its
mandatory and required to register or apply for a driver license while
traveling in my automobile.
Title 1 U.S. Code § 4 -The word
“vehicle” includes every description of carriage or other artificial
contrivance used, or capable of being used, as a means of transportation on
land.
Title 15 U.S. Code Comm. &
Trade § 1231 (c) The term "automobile"
includes any passenger car or station wagon.
Title 15 U.S. Code Comm. &
Trade § 1231 (d) The term “new
automobile” means an automobile the equitable or legal title to which has
never been transferred by a manufacturer, distributor, or dealer to an ultimate
purchaser.
Title 18 USC § 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 U.S. Code § 31 (a)(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 26 U.S. Code I.R.S.
§ 4064 (1) Automobile In general the term “automobile”
means any 4-wheeled vehicle propelled by fuel—
(i) Which is
manufactured primarily for use on public streets, roads, and highways (except
any vehicle operated exclusively on a rail or rails), and
(ii) Which is rated at 6,000 pounds
unloaded gross vehicle weight or less.
Title 49 U.S. Code Trans. § 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.
Title 49 U.S. Code Trans. § 32908
(1) “Automobile” includes an
automobile rated at not more than 8,500 pounds gross vehicle weight regardless
of whether the Secretary of Transportation has applied this chapter to the
automobile under section 32901(a)(3)(B) of this title.
Title 49 U.S. Code Trans. § 32901 (a)(3)(B)
Clearly identify the “automobile” as
a dual fueled automobile;
The following California DMV code sections show the codes are
associated with “commercial vehicles”
only and do not list any proof its mandatory and required to register or apply
for a driver license while traveling in your're automobile.
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.
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 C.V.C. § 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.
(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.
C.V.C. § 670 - A
“vehicle” is a device by which any person or property may be propelled, moved,
or drawn upon a highway, excepting a device moved exclusively by human power or
used exclusively upon stationary rails or tracks.
C.V.C. § 415 (a) - A “motor
vehicle” is a vehicle that is self-propelled.
(c) For purposes of Chapter 6 (commencing with
Section 3000) of Division 2, “motor vehicle” includes a recreational vehicle as
that term is defined in subdivision (a) of Section 18010 of the Health and
Safety Code, but does not include a truck camper.
C.V.C. § 465 - A
“passenger vehicle” is any motor vehicle, other than a motortruck, truck
tractor, or a bus, as defined in Section 233, and used or maintained for the
transportation of persons. The term “passenger vehicle” shall include a
housecar.
Government Code § 39601
(a) -The state board shall adopt standards, rules, and regulations in
accordance with the provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, necessary for the
proper execution of the powers and duties granted to, and imposed upon, the
state board by this division and by any other provision of law.
(b) The state board,
by rules and regulations, may revise the definitions of terms set forth in
Chapter 2 (commencing with Section 39010) of Part 1 in order to conform those
definitions to federal laws and rules and regulations.
In other words, failure of the Constitution to mention a
specific right does not mean that the government can abridge that right, but
its protection has to be found elsewhere, and the evidence of the protection of
a free people’s RIGHT TO TRAVEL is overwhelming and evident.
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