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Old 03-11-2006, 08:49 AM
kgod999
 
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Georgia codes admit commercial nature of driving.

Im still researching the motor vehicle code in georgia. PLEASE DONT SLEEP ON THIS ONE.interesting twists and turns in the code to deliberately lie and throw you off track. it starts here when they admit the motor vehicle code is commercial in nature by calling the code the "uniform commercial drivers license act:
40-5-21.
(a) Except as provided in Article 7 of this chapter, the 'Uniform Commercial Driveŕs License Act,' the following persons are exempt from licenses under this chapter: (they list exempted people like people who have a valid foreign license, etc.)

Ok, when we go to chapter article 7 of this chapter this is what we find:

40-5-7.
Reserved.

Ok, article 7 is reserved? so, we know that when they talk about article 7 of THIS chapter,they are talking about chapter 5 of title 40. you guys following me so far? they plainly say that chapter 5 is the uniform commercial drivers license act. then, here is where the trick comes in. They list the classes of licenses in chapter 5, which include class c which all passenger vehicle drivers have in georgia, but the trick is, since they had to include class a and b in this section, they lie and call all theses classes noncommercial to throw you off. but remember, above in 40-5-21 they say this is the uniform COMMERCIAL DRIVERS LICENSE ACT(chapter 5). everybody in georgia knows that class a and b licenses are called cdl licenses (commercial drivers license). this is admitted over at the georgia motor vehicle website. NOTICE THAT ANY VEHICLE OVER 26,000 POUNDS IS A COMMERCIAL VEHICLE, and then go down and read 40-5-23 below this snippet and they try to trick you and call a 26,000 pound vehicle a non commercial drivers license. WHO HAS A 26,000 POUND NON COMMERCIAL DRIVERS LICENSE?

from the georgia motor vehicle website:

Applying For A Georgia Commercial License
CDL General Information
Persons 18 to 21 may obtain a commercial driver’s license, but will be restricted to drive in Georgia only. On or after the 21st birthday, the driver must go to the examination station and the Georgia Only restriction will be lifted. Anyone who drives the following is required to obtain and carry a commercial driver’s license:

Combination of vehicles weighing 26, 001 pounds or more,
Single vehicle with a gross vehicle weight of 26, 001 pounds or more
Single vehicle designed to transport more than 15 persons (including the driver)
Any size vehicle which requires hazardous material placards


40-5-23.
(a) The department upon issuing a driveŕs license shall indicate thereon the type or general class of vehicles that the licensee may drive.
(b) Subject to this chapter, the commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for.
(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class A — Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C;
Class B — Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C;
Class C — Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance;
Class D — Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driveŕs license but is not presently licensed to drive;
Class M — Motorcycles, motor driven cycles, and three-wheeled motorcycles;
Class P — Instructional permit applicable to all types of vehicles for which an applicant desires a driveŕs license but is not presently licensed to drive.
Any applicant for a Class A or Class B license must possess a valid Georgia driveŕs license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driveŕs license.

Last edited by kgod999 : 03-11-2006 at 09:09 AM.
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Old 03-11-2006, 04:23 PM
KITCHIE KITCHIE is offline
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Posts: 397
Talking

Yup, Nevada says the samething. I discoverd the trick with the "commercial" last year. Good to know its the same in Georgia too!

Check this out----

These two below federal definitions negate and void all definitions of MOTOR VEHICLE as found in the California Motor Vehicle Code; for it states in Section 15210(i)(7): "IN THE ABSENCE OF A FEDERAL DEFINITION, existing definitions under this code shall apply
Title 18, Section 31(a)(6) it states: "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".

Section 31(a)(10) states: "The term 'used for commercial purpose' 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".

I also have received a copy of the stat 32 page 624 par 11 of 57th congress 1st session of 1902 talks about an ACT regarding "passenger vehicles for hire shall pay a license tax."

Par 13 talks about vehicles for higher or stored for other for capital gain must also pay a license tax.

Then in the 62nd congress January 1913 stat 37 page 654 clearly says "All passenger vehicles for hire..." "shall carry... a number corresponding with the number on the license issued to the driver or operator..."

These are tiff files and I tried to make them an attachment so you can see these, but it wont take a tiff file.

If anyone can do something to get these postes here let me know.
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Old 03-12-2006, 07:51 AM
kgod999
 
Posts: n/a
commercial nature of driving

ok, found more tricks. in 40-5-150, they spell out the uniform commercial drivers license act, but remember, in 40-5-21, they said article 7 was the act, and when you go to article 7, its reserved, so, chapter 5 as a whole is really part of the uniform commercial drivers act. they spell out the same class of vehicles (a,b,c,m) as being commercial vehicles and even add this snippet: (title 23 makes no distinction between commercial or noncommercial drivers records, they call all drivers records commercial as they come under the commercial drivers license information system)

(e) Before issuing a commercial driveŕ s license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.
(f) Within ten days after issuing a commercial driveŕ s license, the department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee

ok, going to title 23 cfr section 1327 we find this definition of driving record:
§1327.3 Definitions.

(b) Driver History Record means a detailed description of an individual's driver record, used in the American Association of Motor Vehicle Administrators' Commercial Driver's License Information System (CDLIS).

(c) Driver Improvement Purposes means information requests made by chief driver licensing officials in connection with the control and rehabilitation of drivers who are, based on their records, suspected of being or known to be problem drivers.

(d) Driver License Abstract means the complete driver history of a driver's convictions, revocations, suspensions, denials, cancellations, accidents and interactions with the driver control and driver improvement authorities. Also known as Motor Vehicle Record (MVR) or Transcript.

ok, now lets look at NDR (national driver registry). i found a definition at title 40 section 12:
National Driver Register (NDR) means the nationwide repository of information on drivers maintained by the National Highway Traffic Safety Administration as provided under 49 U.S.C. Chapter 303.

ok, to complete this thing, the PURPOSE of the Commercial Drivers license information system is here at title 23 section 1327:
§1327.2 Purpose.
The purpose of this part is to implement the NDR Act of 1982, as amended.

Last edited by kgod999 : 03-12-2006 at 08:01 AM.
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Old 03-12-2006, 12:47 PM
idknow idknow is offline
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Quote:
Originally Posted by kgod999
ok, found more tricks. in 40-5-150, they spell out the uniform commercial drivers license act, but remember, in 40-5-21, they said article 7 was the act, and when you go to article 7, its reserved, so, chapter 5 as a whole is really part of the uniform commercial drivers act. they spell out the same class of vehicles (a,b,c,m) as being commercial vehicles and even add this snippet: (title 23 makes no distinction between commercial or noncommercial drivers records, they call all drivers records commercial as they come under the commercial drivers license information system)

(e) Before issuing a commercial driver' s license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.
(f) Within ten days after issuing a commercial driver' s license, the department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee

ok, going to title 23 cfr section 1327 we find this definition of driving record:
S1327.3 Definitions.

(b) Driver History Record means a detailed description of an individual's driver record, used in the American Association of Motor Vehicle Administrators' Commercial Driver's License Information System (CDLIS).

(c) Driver Improvement Purposes means information requests made by chief driver licensing officials in connection with the control and rehabilitation of drivers who are, based on their records, suspected of being or known to be problem drivers.

(d) Driver License Abstract means the complete driver history of a driver's convictions, revocations, suspensions, denials, cancellations, accidents and interactions with the driver control and driver improvement authorities. Also known as Motor Vehicle Record (MVR) or Transcript.

ok, now lets look at NDR (national driver registry). i found a definition at title 40 section 12:
National Driver Register (NDR) means the nationwide repository of information on drivers maintained by the National Highway Traffic Safety Administration as provided under 49 U.S.C. Chapter 303.

ok, to complete this thing, the PURPOSE of the Commercial Drivers license information system is here at title 23 section 1327:
S1327.2 Purpose.
The purpose of this part is to implement the NDR Act of 1982, as amended.

do not stop, collect $200 for the photocopy machine...
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