On the road…
Is driving a licensable occupation?
Notice…
The presentation at this gathering is for
entertainment and educational
purposes only and is not to be
considered legal advice in any form or
fashion nor should it be considered as
to what to do in any way.
11/16/2011 ver. 1.02 2
Disclaimer:
Whatever is said by whoever during this
private event is what is said and notice is
hereby given to any and all government
employees, agents, etc., or private citizens
that you have ten (10) days in which you
can bring forward anything that may not be
in compliance with existing law as may be
applying.
11/16/2011 ver. 1.02 3
Disclaimer:
• We are just people that get together and
exchange information.
• We are not a group or organization.
• We are not a company or corporation or
association.
• We sell nothing and we charge nothing.
• VOID where prohibited by law.
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Purpose
The purpose of this presentation is to
provoke the viewer into considering new
thoughts about ‗commonly held‘ beliefs.
If anything in this presentation is found to be in
error a good faith effort will be made to correct it
in timely fashion upon notification.
Viewer is advised to verify anything before use.
Presentation subject to change without notice.
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Topic of this presentation
Driving / travelling
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HASSELL v. STATE,
149 Tex. Crim. 333 (1946)
―There being no such license as a "driver's"
license known to the law…‖
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HOLLOWAY v. STATE,
155 Tex.Crim. 484 (Tex.Cr.App. 1951)
―In Barber v. State, 149 Tex.Crim. R., 191 S.W.2d
879, a complaint charging the operation of
an automobile and failure to display
operator's license on demand of a peace
officer was held insufficient to charge an
offense in the absence of an allegation
that accused was, on the date of the
alleged offense, a licensee.‖
11/16/2011 ver. 1.02 8
BARBER v. STATE,
149 Tex. Crim. 18 (1945)
"It will be noted that the statute provides that every licensee
shall have his operator's, commercial operator's or
chauffeur's license in his immediate possession at all
times when operating a motor vehicle. It therefore
occurs to us that it is absolutely necessary for
the State to allege and prove that the accused
was, on the date of the alleged offense, a
licensee, for, as we construe the statute above quoted,
it applies specifically to a licensee and unless the person
accused was a licensee, we fail to understand how he
could be guilty of violating the provisions of this portion
of the statute in failing to display same upon demand."
11/16/2011 ver. 1.02 9
Driver's license???
―This proof is insufficient to sustain the
allegations of the offense charged in the
information because a driver's license is
not an operator's license. We have held
that there is no such license as a driver's
license known to our law.‖ Hassell v. State,
149 Tex.Crim. R., 194 S.W.2d 400; Holloway v.
State, 155 Tex.Crim. R., 237 S.W.2d 303; and
Brooks v. State, Tex.Cr.App., 258 S.W.2d 317.
11/16/2011 ver. 1.02 10
In U.S. v Guest,
383 U.S. 745 (1966)
the 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."
11/16/2011 ver. 1.02 11
Traveling
It is interesting to note that the Articles of
Confederation had an explicit right to
travel; it is now thought that the right is so
fundamental that the Framers may have
thought it unnecessary to include it in the
Constitution or the Bill of Rights.
11/16/2011 ver. 1.02 12
Liberty
What exactly is Liberty?
Liberty is generally considered a concept of
political philosophy and identifies the
condition in which an individual has the
ability to act according to his or her own
will. From Wikipedia, the free encyclopedia
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Texas Transportation Code
§ 521.001. Definitions.
(a) In this chapter:
(3) "Driver's license" means an authorization
issued by the department for the operation
of a motor vehicle. The term includes:
(A) a temporary license or instruction permit;
& (B) occupational license.
11/16/2011 ver. 1.02 14
Tax Code
§101.008 …are not allowed to levy
occupation taxes on business subject to
license under Tax Code title 2, unless
specifically authorized by state law.
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TEXAS TRANSPORTATION CODE
§ 521.027. PERSONS EXEMPT FROM
LICENSE REQUIREMENT. The following
persons are exempt from the license
requirement imposed under this chapter:
(2) a person while the person is
operating a road machine, farm tractor,
or implement of husbandry on a highway,
unless the vehicle is a commercial
motor vehicle under Section 522.003;
11/16/2011 ver. 1.02 16
CHAPTER 522. COMMERCIAL
DRIVER'S LICENSES
§ 522.003. DEFINITIONS. In this chapter:
(5) "Commercial motor vehicle" means a motor vehicle
or combination of motor vehicles used to transport
passengers or property that:
(A) has a gross combination weight rating of 26,001
or more pounds, including a towed unit with a gross
vehicle weight rating of more than 10,000 pounds;
(B) has a gross vehicle weight rating of 26,001 or
more pounds;
(C) is designed to transport 16 or more passengers,
including the driver; or
(D) is transporting hazardous materials and is
required to be placarded under 49 C.F.R. Part 172,
Subpart F.
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CHAPTER 522. COMMERCIAL
DRIVER'S LICENSES
§ 522.003. DEFINITIONS. In this chapter:
(21) "Motor vehicle" means a vehicle,
machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical
power and used on a highway. The term
does not include a vehicle, machine, tractor,
trailer, or semitrailer operated exclusively on
a rail.
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TEXAS TRANSPORTATION CODE
§ 201.904. SPEED SIGNS. The department
shall erect and maintain on the highways
and roads of this state appropriate signs
that show the maximum lawful speed for
commercial motor vehicles, truck tractors,
truck trailers, truck semitrailers, and motor
vehicles engaged in the business of
transporting passengers for compensation
or hire (buses).:
11/16/2011 ver. 1.02 19
Title 18 USC 31 Definitions
(a) Definitions — In this chapter, the following definitions apply:
(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.
(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.
11/16/2011 ver. 1.02 20
Texas Transportation Code
§ 521.001. DEFINITIONS
(3) "Driver's license" means an authorization issued by
the department for the operation of a motor vehicle. The
term includes:
(A) a temporary license or instruction permit; and
(B) an occupational license.
11/16/2011 ver. 1.02 21
Texas Transportation Code
§ 521.001. DEFINITIONS
(6) "License" means an authorization to operate a
motor vehicle that is issued under or granted by the
laws of this state. The term includes:
(A) a driver's license;
(B) the privilege of a person to operate a motor
vehicle regardless of whether the person
holds a driver's license; and
(C) a nonresident's operating privilege.
(7) "Nonresident" means a person who is not a
resident of this state.
(8) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
11/16/2011 ver. 1.02 22
Comments
(6) ―this state‖ / ―THE STATE OF TEXAS‖ is
where??? It is a place that doesn‘t exist!!!
―…this state‖ is one of the CIA
administrative districts known as ―TX‖ - a
sub-district of the ―District of Columbia.‖
(6)(B) a ―DRIVER LICENSE‖ has never
been invented in ―the state‖ / ―the state of
Texas‖
11/16/2011 ver. 1.02 23
TEXAS TRANSPORTATION CODE
CHAPTER 523. DRIVER'S LICENSE
COMPACT OF 1993
§ 523.003. DEFINITIONS.
(6) "State" means a state, territory, or
possession of the United States, the
District of Columbia, or the
commonwealth of Puerto Rico.
[Notice the lower case s in state.]
11/16/2011 ver. 1.02 24
NATURAL RESOURCES CODE
§ 114.001. DEFINITIONS.
(5) "Public highway" means a way or place
of whatever nature open to the use of
the public as a matter of right for the
purpose of vehicular travel, even if the
way or place is temporarily closed for
the purpose of construction,
maintenance, or repair.
11/16/2011 ver. 1.02 25
Who needs a driver’s license?
Answer no one since the Appellate Criminal Courts of Texas already
decided this issue in the following cases:
"The court has held that there is no such license known to Texas Law
as a "driver's license." Frank John Callas v. State, 167 Tex. Crim.
375; 320 S.W. 2d 360; and…
―We have held that there is no such license as a driver's license known
to our law." Claude D. Campbell v. State, 160 Tex. Crim. 627; 274
S.W. 2d 401, and…
"An information charging the driving of a motor vehicle upon a public
highway without a driver's license charges no offense, as there is no
such license as a driver's license known to the law." Keith Brooks v.
State, 158 Tex. Crim. 546; 258 S.W. 2d 317; and…
"There being no such license as a "driver's" license known to the law, it
follows that the information, in charging the driving of a motor
vehicle upon a highway without such a license, charges no offense."
W. Lee Hassell v. The State, 149 Tex. Crim. 333; 194 S.W. 2d 400
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Homo vocabulum est naturae;
persona juris civilis.
Man (homo) is a term of nature;
person (persona) of civil law.
Calvin (from Black's Law Dictionary, Second Edition (1910), page 577.)
11/16/2011 ver. 1.02 27
CODE CONSTRUCTION ACT (TEXAS)
§ 311.005. GENERAL DEFINITIONS. The
following definitions apply unless the statute or context in
which the word or phrase is used requires a different
definition:
(2) "Person" includes corporation,
organization, government or
governmental subdivision or agency,
business trust, estate, trust,
partnership, association, and any other
legal entity.
11/16/2011 ver. 1.02 28
Comments
• Are you a ‗commercial driver‘?
• Is the ‗road machine‘ you direct a ‗commercial
vehicle‘?
• Are you ‗driving in commerce‘?
• Are you in ‗traffic‘?
• Are you in ‗transportation‘?
• Are you a ‗person‘?
All these things are presumed to be true unless
(and until) you rebut them!
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Remedy - cars
This is constructive notice
given in good faith.
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remedy
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Remedy - trucks
This is constructive notice
given in good faith.
11/16/2011 ver. 1.02 33
Also…
Consider towing…
As long as you‘re giving notice…
11/16/2011 ver. 1.02 34
Remedy – cars / trucks
11/16/2011 ver. 1.02 35
Hey…
If something is missing please feel
encouraged to let us know.
Thanks!
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