
09-07-2005, 04:48 PM
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driving
tell you what, go to traffic court and pull out black's law dictionary and read the definition to the prosecuting attorney and see him or her run.
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09-07-2005, 05:10 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,432
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License = Govenmental Interference to our Right to Travel Freely.
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Originally Posted by B Rookard
What don't you guys understand about this ... when the word is defined in the statute, you go by the definition in the statute. You guys want to always pull out Black's (or whatever) as if some potentially different definition will trump the statutory definition. It doesn't work like that.
The word generally used is "operate" and it is usually defined in the statute. I know that Michigan's definition doesn't say anything about being engaged in commerce.
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Well, why don't we pull out the Supreme Court and the Constitution:
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Saenz vs Roe [526 US 489]:"The right to travel embraces three different components: the right to enter and leave another state; the right to be treated as a welcome visitor while temporarily present in another State; and for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State... The word 'travel' is not found in the text of the Constitution. Yet the constitutional right to travel from on State to another is firmly embedded in our jurisprudence. Indeed as Justice Stewart reminded us is Shapio vs Thompson [394 US 618] the right is so important that it is assertable against private interference as well as governmental action... a virtually unconditional personal right, guaranteed by the Constitution to us all... the right is so important that it is assertable against private interference as well as governmental action... a virtually unconditional personal right, guaranteed by the Constitution to us all"
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Emphasis added.
Many of us know that licenses are a govenmental interference to our right to travel freely. Licenses are forced on individuals in order for them to enjoy a right, thus, they are void contracts. Thats right, a RIGHT, and not a privilege!
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 09-07-2005 at 05:57 PM.
Reason: Updating Information
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09-07-2005, 05:16 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,395
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(Not So) Smooth Operator - No date with SADE tonight , B Rook
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Originally Posted by B Rookard
The word generally used is "operate" and it is usually defined in the statute. I know that Michigan's definition doesn't say anything about being engaged in commerce.
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257.36
“Operator” defined.
Sec. 36.
“Operator” means every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.
- 257.79 “Vehicle” defined.
Sec. 79.
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.
This is a little ditty about B Rookard, the transporter
- 257.76
“Transporter” defined.
Sec. 76.
“Transporter” means every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer, and every person certificated by the Michigan public service commission to engage in the business of moving trailer coaches or mobile homes. This section shall not affect duly authorized permit holders.
History: 1949, Act 300, Eff. Sept. 23, 1949
Am. 1961, Act 4, Imd. Eff. Mar. 27, 1961
Last edited by weishaupt1776 : 09-07-2005 at 05:22 PM.
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09-07-2005, 06:25 PM
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travel
way to go weishaupt, i did the same thing in georgia with their statutes. i broke the motor vehicle definitions down exactly the same way and THEY KNOW ITS COMMERCE!!! key words, transportation, motor vehicle, vehicle means motor vehicle, etc. you cant stop at one word. see, everytime i verify something, i do exactly what you did. i wanna be right about what i say to them fools. blacks is just icing on the cake.
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09-07-2005, 06:43 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 351
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Yep, just like I said, an "operator" isn't limited to being engaged in commerce.
A "transporter" is mentioned as being in business.
Of course, the definitions show that there is a difference between the two terms. Thanks for confirming that.
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09-07-2005, 07:16 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,395
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What's Up Doc?
Yeah, but you can only be an "operator" if you are in a "motor vehicle".
A "vehicle" is for transporting
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09-07-2005, 07:55 PM
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driving
rookard, read it again, it says every person other than a chaffuer driving a motor vehicle. its tricknology. a motor vehicle is any vehicle engaged in commerce. this is where it gets tricky again, when you define vehicle, it says motor vehicle. they go back to motor vehicle. you are confused. see, they have attornies write these things so that you THINK in every day terms, but they "code" the truth in there. why you think they call statutes code? it means you have to decipher every word and how the words are used. we have broken the code and they are upset. See, they ARE following the constitution, they are just tricking you into contracts which are protected by the constitution. they have put EVERYTHING under admiralty, contract. they know you dont have to be licensed to do anything lawful. they were given the right to REGULATE commerce though, and thats what they are doing. i had a declaratory judgment request a couple of years ago and the judge said and i quote " petitioner (me) is CORRECT in that the state cannot condition his right to travel upon obtaining a drivers license, but the state CAN CONDITION his ability to DRIVE upon getting a drivers license.. Rookard, dont make yourself look bad, a federal judge agreed with me. then, this where he started HIS TRICKNOLOGY. after agreeing with me, he did a legal manuever that judges and attornies do when things didnt go their way and that is change the subject matter of the petition. (i forgot the word they use for it when they do that) , came to me now, the word is RECAST, THEY RECAST THE SUBJECT MATTER INTO SOMETHING WHERE YOU LOSE .he denied my petition based on me not filing the correct informa pauperia request. (which i didnt need), that way, it APPEARED i lost my judgment. now, if i wanna go back and get clarify, i will have him define the word drive in legal terms. heres a little project for u. get a copy of the definition of driver and motor vehicle from the federal codes. write up a affidavit stating the definitions (which are commercial in nature), petition a judge to repeat what the code says and see how fast they run from the subject matter of your request into some mumbo jumbo which doesnt have anything to do with what your petition is about. they dont wanna address the truth. they are devils.
Last edited by kgod999 : 09-07-2005 at 08:11 PM.
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09-07-2005, 08:24 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 351
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Quote:
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Originally Posted by kgod999
You are confused. See, they have attornies write these things so that you THINK in every day terms, but they "code" the truth in there. why you think they call statutes code? it means you have to decipher every word and how the words are used. we have broken the code and they are upset.
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Oh sheesh.
There is a difference between:
A code of conduct, and ...
Something written in code.
Just like there's a difference between:
He threw a "rock", and ...
The boat began to "rock".
The same word can have different meanings ya know.
The United States Code is not the United States [secret language].
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09-07-2005, 08:27 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 351
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Quote:
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Originally Posted by weishaupt1776
Yeah, but you can only be an "operator" if you are in a "motor vehicle".
A "vehicle" is for transporting
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Just because the word "transport" is used doesn't mean you refer to the definition of "transporter". Sheesh. The word they defined is quite clearly "transporter" ... not "transport".
Furthermore, the word "transporter" is clearly defined to those delivering vehicles if you would read beyond the past few words. Clearly the word is limited to a certain set of people - those engaged in delivering vehicles.
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09-07-2005, 08:37 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,395
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True, but The use of transport & transportation throughout 49 USC/CFR & 23 USC/CFR is clearly for commercial purposes.
All of the money allocated to the STATES from DC is sposda be For Commercial Motor Vehicle Safety Programs.
A future project is to see how the State is using those funds in NON-Commercial capacities.
The Promulgated Regs & statutes regarding traffic control, etc. . .in the states are uniform w/the FEDS commercial MV stuff in 49 & 23.
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