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Old 10-20-2007, 10:49 AM
Friendsplacect Friendsplacect is offline
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New Hampshire Motor Vehicle Code

New Hampshire is quite confusing reading its statutes but I would like to know this if anyone would be kind to respond.

In the Statutes the term "person" is defined as;

Quote:
259:74 Person. – ""Person'' shall mean the same as provided in RSA 21:9.

Quote:
21:9 Person. – The word ""person'' may extend and be applied to bodies corporate and politic as well as to individuals.
Source. RS 1:8. GS 1:8. GS 1:9. GL 1:9. PS 2:9. PL 2:9. RL 7:9.


Yet in the "New Hampshire Department Of Safety" it states that it gets delegated its powers by Statute


Quote:
Saf-C 1001.13 "Person" means a human being.



Source. #2077, eff 7-4-82; ss #2801, eff 8-3-84; ss by #4647, eff 7-19-89, EXPIRED: 7-19-95



New. #6069, INTERIM, eff 7-28-95, EXPIRES: 11-25-95; ss and moved by #6120, eff 11-22-95 (formerly Saf-C 1001.10), EXPIRED: 11-22-03



New. #7995, INTERIM, eff 12-2-03, EXPIRED: 5-30-04



New. #8109, eff 6-24-04



So I guess my question is, if you arent a person defined by Statute can you be a person defined by the administrative agency? If all the powers are delegated to them by Statute?

Maybe someone can explain it to me. Seems to me there is lots of word trickery going on.

Last edited by Friendsplacect : 10-20-2007 at 10:58 AM.
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Old 10-20-2007, 09:35 PM
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weishaupt1776 weishaupt1776 is offline
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Quote:
Originally Posted by Friendsplacect

So I guess my question is, if you arent a person defined by Statute can you be a person defined by the administrative agency?

They obfuscate the REGULATED ACTIVITY which requires
licensing and assume that you are one of the "persons" engaged in such activities

Te agaency can only regulate what is delegated by the leg

The key is to find the name of the act which DL's fall under

can you provide a link to NH statutes?
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Old 10-21-2007, 10:03 AM
Friendsplacect Friendsplacect is offline
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http://www.gencourt.state.nh.us/rsa/html/nhtoc.htm
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Old 10-21-2007, 10:54 AM
Shoonra Shoonra is offline
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I am not quite clear on what your problem is. The NH Revised Code provisions make clear that "person" includes, among other possibilities, "an individual" (= a human being). Presumably you are one and therefore within the meaning of "person".
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Old 10-21-2007, 12:09 PM
deacon deacon is offline
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individual. As a noun, this term denotes a single person, as distinguished from a group or class and also, very commonly, a private or natural person as distinguished from a partnership, corporation or association; but it is said that this restrictive signification is not necessarily inherent in the word and that it may, in proper cases, include artificial persons. Black's Law 5th Ed.

Like all word games, clear as mud!
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Old 10-21-2007, 01:55 PM
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palani palani is offline
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Quote:
Originally Posted by Shoonra
Presumably you are one and therefore within the meaning of "person".

Presumably you are refering to the law of necessity as in "It is necessary for you to agree to this charade."
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Old 10-21-2007, 02:04 PM
Friendsplacect Friendsplacect is offline
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Quote:
Presumably you are one and therefore within the meaning of "person".

Thanks for the presumption but I thought laws were supposed to be unambiguous? Why do they not have a hard time in the CT Penal Code defining "Person" as Human Being, yet under Consumer Protection and the Motor Vehicle Code it is defined differently? Why dont they just make it simple?
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Old 10-21-2007, 05:30 PM
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Quote:
Originally Posted by Friendsplacect
Why dont they just make it simple?

Because scheißters have to make a living?
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Old 10-21-2007, 05:52 PM
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weishaupt1776 weishaupt1776 is offline
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friendsplace (hereinafter, "FP"); you are going to have to go to a law library and look up the legislative acts and history
http://www.gencourt.state.nh.us/rsa/.../263/263-1.htm

Here they are
Source. 1905, 86:4. 1911, 133:8. 1921, 119:7, 8. PL 101:1, 9. 1927, 11:2. 1937, 69:1. 1939, 103:1. RL 117:1, 9. 1945, 44:3. RSA 261:1, 13; 262:27-a. 1965, 207:1. 1967, 281:1. 1973, 528:138. 1981, 146:1. 1985, 213:15, eff. Jan. 1, 1986.

I was looking for them to publish an act w/ words to the effect of "Uniform Commercial Drivers' license Act"; but they seem smarter than Florida or Virginia who outright put it up on the web

see, if a commercial DL act is the only act in existence, then the only activity which can be regulated is comm drivers who are the regulated "persons"
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Quit Walking Around Like a Half Breed Freeman Find Out How

Quote:
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.

When the going gets weird, the weird turn pro -Hunter S. Thompson
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  #10  
Old 10-22-2007, 08:36 AM
Friendsplacect Friendsplacect is offline
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Quote:
see, if a commercial DL act is the only act in existence, then the only activity which can be regulated is comm drivers who are the regulated "persons"

Well ill have to find a law library then, thanks for your help.
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