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On the road…

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. . Disclaimer:.

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On the road…

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  1. On the road… Is driving a licensable occupation?

  2. 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. ver. 1.02

  3. 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. ver. 1.02

  4. 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. ver. 1.02

  5. 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. ver. 1.02

  6. Topic of this presentation Driving / travelling ver. 1.02

  7. HASSELL v. STATE,149 Tex. Crim. 333 (1946) “There being no such license as a "driver's" license known to the law…” ver. 1.02

  8. 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.” ver. 1.02

  9. 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." ver. 1.02

  10. 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. ver. 1.02

  11. 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." ver. 1.02

  12. 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. ver. 1.02

  13. 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 ver. 1.02

  14. 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. ver. 1.02

  15. 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. ver. 1.02

  16. 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; ver. 1.02

  17. 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. ver. 1.02

  18. 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. ver. 1.02

  19. 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).: ver. 1.02

  20. 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. ver. 1.02

  21. 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. ver. 1.02

  22. 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. ver. 1.02

  23. 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” ver. 1.02

  24. 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.] ver. 1.02

  25. 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. ver. 1.02

  26. 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 ver. 1.02

  27. 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.) ver. 1.02

  28. 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. ver. 1.02

  29. 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! ver. 1.02

  30. Remedy - cars This is constructive notice given in good faith. ver. 1.02

  31. remedy ver. 1.02

  32. ver. 1.02

  33. Remedy - trucks This is constructive notice given in good faith. ver. 1.02

  34. Also… Consider towing… As long as you’re giving notice… ver. 1.02

  35. Remedy – cars / trucks ver. 1.02

  36. Hey… If something is missing please feel encouraged to let us know. Thanks! ver. 1.02

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