
10-20-2007, 10:49 AM
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Practice Makes Perfect
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Join Date: Sep 2006
Location: Ct
Posts: 457
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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;
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259:74 Person. – ""Person'' shall mean the same as provided in RSA 21:9.
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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.
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Yet in the "New Hampshire Department Of Safety" it states that it gets delegated its powers by Statute
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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
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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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10-20-2007, 09:35 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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Quote:
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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?
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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?
__________________
Quit Walking Around Like a Half Breed Freeman Find Out How
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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.
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When the going gets weird, the weird turn pro - Hunter S. Thompson
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10-21-2007, 10:03 AM
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Practice Makes Perfect
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Join Date: Sep 2006
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10-21-2007, 10:54 AM
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Come and Get Some!
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Join Date: Oct 2005
Location: Maryland
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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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10-21-2007, 12:09 PM
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Unplugged
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Join Date: Oct 2006
Location: Idaho
Posts: 74
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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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10-21-2007, 01:55 PM
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Mental Jujitsu
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Join Date: May 2005
Posts: 858
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Quote:
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Originally Posted by Shoonra
Presumably you are one and therefore within the meaning of "person".
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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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10-21-2007, 02:04 PM
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Practice Makes Perfect
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Join Date: Sep 2006
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Quote:
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Presumably you are one and therefore within the meaning of "person".
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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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10-21-2007, 05:30 PM
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Come and Get Some!
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Join Date: Nov 2005
Location: Illinois Republic
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Quote:
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Originally Posted by Friendsplacect
Why dont they just make it simple?
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Because scheißters have to make a living?
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10-21-2007, 05:52 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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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"
__________________
Quit Walking Around Like a Half Breed Freeman Find Out How
Quote:
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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.
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When the going gets weird, the weird turn pro - Hunter S. Thompson
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10-22-2007, 08:36 AM
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Practice Makes Perfect
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Join Date: Sep 2006
Location: Ct
Posts: 457
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Quote:
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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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Well ill have to find a law library then, thanks for your help.
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