Can Anyone Verify These Cites?

[Jerry Pitts]

Originally Posted by Shoonra

The Campbell decision, attached to Ezrhythm's message, supports my explanation.

It sure does Bernie... It says just exactly what EZ had quoted it as saying.

Jerry

[Jerry Pitts]

Rain on it. EZ -- You owe Shoonra (unclebernie) a big Thank You. His last presumptuous posting gave me a real big case of the Christmas Spirit... so in light of that... Have a really blessed Christmas day, and remember, that it was the Lord Jesus that made this possible (I would not have been in receipt of it, had the Lord Jesus not inspired me to retrieve it a year or so ago).

Jerry

Originally Posted by Jerry Pitts

It sure does Bernie... It says just exactly what EZ had quoted it as saying.

Jerry

[Jerry Pitts]

Texas Transportation Code (1995), Sec.524.001 - Definitions

" 'Driver's license' has the meaning assigned by Section 1, Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). The term includes a license or license to operate a motor vehicle as defined by that section of that Act."

1941 Texas Legislature 47th Regular Session
Chapter 173
Veron’s Ann. Civ. St. Art. 6887b

H.B. No. 20

Drivers License Law

An Act providing for licensing of operators, commercial operators, and chauffeurs; defining certain terms; providing for certain exemptions; prohibiting issuance of license to certain persons; making it unlawful for certain persons to operate a school bus or any motor vehicle while in use as a public or common carrier of persons; providing for application for operators’, commercial operators’, and chauffeurs’ license; repealing Subsection (c) of Section 4 of Article 911A and Subsection (b) of Section 4 of Article 911B, Revised Civil Statutes; providing for signing of application of minors and cancellation of minor’s license upon application and/or death of signatory; providing for examinations of applicants for operators’, commercial operators’, and chauffeurs’ licenses, and providing the Director shall have the authority to re-examine licensee when said licensee is found incapable of operating a motor vehicle; providing for the issuance of operators’, commercial operators’, and chauffeurs’ license, and duplicates thereof; providing for the issuance of restricted operators’, commercial operators’, and chauffeurs’ license; providing a penalty for a violation of the restrictions imposed and for the revocation or suspension of restricted licenses; relating to the carrying of a license by the licensee and exhibiting same; prescribing the amount of fees and providing for the collection of same by the Department of Public Safety and the disposition of same; providing for the time of expiration of licenses and for renewal of same; providing for notice to the Department of changes of address or name of licensee; providing for certain records to be kept by the Department of Public Safety; relating to the authority of the Department of Public Safety to suspend, revoke, or cancel licenses; providing for time, place, and manner of holding hearings before the Department of Public Safety; providing for the period of suspension by the Department; proving for the automatic suspension of licenses upon conviction of certain offenses; providing for the surrender and return of license to the Department upon suspension; providing for court to forward license to Department and report convictions and defining “conviction” and providing that a suspended sentence shall not mitigate against automatic suspension of license on conviction of certain offenses; prohibiting the operation of motor vehicle under foreign license during suspension or revocation in the State; providing authority of the Department of Public Safety to suspend or revoke license and to suspend privileges of nonresidents and report convictions, and to suspend resident license upon conviction in another State; providing for the cancellation of licenses under certain conditions; providing for the right of appeal when license denied or cancelled, suspended or revoked by Department, except where such suspension or revocation is automatic; providing the filing of the petition of appeal shall abate said suspension until the trial herein provided for shall have been consummated and final judgement thereon shall have the right of trial by jury and his license shall not be suspended pending the appeal; prohibiting the driving of motor vehicle while license or privilege is cancelled, suspended or revoked; making it unlawful to commit certain other acts; providing authority of the Department of Public Safety to require accident reports and providing a penalty for failure to report; providing for forms of accident statistics and reports and making such reports confidential; providing for a penalty for violation of the Act, and providing for a maximum fine in certain instances; repealing all laws and parts of laws in conflict herewith, and particularly Senate Bill No. 15, Chapter 466, Page 1785, General Laws, Second Called Session, Forty-fourth Legislature, as amended by House Bill No. 16, Chapter 369, Page 752, Regular Session, Forty-fifth Legislature; providing a saving clause; and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:




Article I
Words and Phrases Defined
Section 1 Definition of words and phrases.
The following words and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this title.
(a) “Vehicle.” Every device in, upon, or by which any person or property is or may br transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracts.
(b) “Motor Vehicle.” Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operation upon rails.
(j) “Persons.” Every natural person, firm, copartnership, association, or corporation.
(l) “Driver.” Every person who drives or is in actual physical control of a vehicle.
(m) “Operator.” Every person, other than a chauffeur or commercial operator, who is in actual physical control of a motor vehicle upon a highway.
(n) “Commercial Operator.” Every person who is the driver of a motor vehicle designed or used for the transportation of property, including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes.
(o) “Chauffeur.” Every person who is the driver for wages, compensation, or hire, or for fare, of a motor vehicle transporting passengers.

Article II
Issuance of License, Expiration, and Renewal
Sec. 2. Drivers must have license
(a) No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid license as an operator, a commercial operator, or a chauffeur under the provisions of this Act.

Article VI
Sec. 46. Constitutionality
If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not effect the validity of the remaining parts of this Act and the Legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.

************************************************** *********
DRIVER
The term "driver" in contradistinction to "traveler," is defined as:
"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle ..."
Bovier's Law Dictionary, 1914 ed., Pg. 940

Notice that this definition includes one who is "employed" in conducting a vehicle. It should be self-evident that this individual could not be "travelling" on a journey, but is using the road as a place of business.

OPERATOR
Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case.
"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being 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

CARRIER
“An individual or organization engaged in transporting passengers or goods for hire.”
Black’s Law Dictionary – 6th Edition

[Shoonra]

The implication in the original quotes was that Texas required no license to drive. My point is that there is a requirement but the licenses in not officially called a Driver's License but it is called something else.

[Jerry Pitts]

Well lets see, the Texas law requires that there be a license pursuant to the terms indicated in the opening of the 1995 legislative act "" 'Driver's license' has the meaning assigned by Section 1, Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). The term includes a license or license to operate a motor vehicle as defined by that section of that Act." Dog-gone it "driver license" is not listed in that cited section. What is wrong with those legislators? Don't they know anything? The lawyers of Texas must make a massive drive to totally replace all the legislators with members of the Texas Bar.. that way, all the laws will be in compliance with the Inns of Court. LOL... I guess the Legislators did not intend to put such language into their Law.

BTW: there was no implication made in the original post, but rather a simple question "Can Anyone Verify These Cites?" Reading comprehension is a must.

Jerry

Originally Posted by Shoonra

The implication in the original quotes was that Texas required no license to drive. My point is that there is a requirement but the licenses in not officially called a Driver's License but it is called something else.

[Shoonra]

I'm not sure of your point. This 1995 amendment adding "driver's license" to the statutory nomenclature was passed after the quoted court decisions.

[Jerry Pitts]

Originally Posted by Shoonra

I'm not sure of your point. This 1995 amendment adding "driver's license" to the statutory nomenclature was passed after the quoted court decisions.

Read it one more time Bernie. "Texas Transportation Code (1995), Sec.524.001 - Definitions

" 'Driver's license' has the meaning assigned by Section 1, Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes). The term includes a license or license to operate a motor vehicle as defined by that section of that Act."

It is a long time between 1941 (whose definitions are the foundation of the law) and 1995. Even in making such a term as 'driver's license' to be included in the 'nomenclature', it is still stipulated in the body of the 1995 legislative act that the 1941 definitions are the ruling authority.

BTW again: I have not had one day of formal law school training, why is it necessary for me to have to explain the law to someone such as yourself? Surely you earned your titles of nobility.

Jerry

[mrg]

Uncle Bernie more than likely KNOWS more about the truth than most people here.

Then he lies and deceives.

"Down with the bedclothes
Up with night shirt
Fiddling about."

Uncle Bernie KNOWS.

[ezrhythm]

A most gracious Thank You, Jerry!

Abundant blessings are bestowed on those who follow the Lord's lead!


I am also enjoying the part where it says, "and" under the definition of a motor vehicle!

[farmer_giles_of_ham]

It all hinges on what is the definition of "transport".

Transportation is never defined in any vehicle code, and is often means "for-hire" in other codes.

Let's see some cites about "transportation"

http://www.suijuris.net/forum/126062-post52.html