United States Code, TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES, CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES
Sec. 31. Definitions: ''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; ''Used for commercial purposes'' 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'm Richard, Parks Iverson (Rich). I'm a Californian and have been studying law for nearly 30 years. I am not an attorney. I can not nor will I provide "legal advice". I am a researcher and educator of law. I do not practice law. I believe that anyone can become competent in the understanding of the law. For the past 25 years my focus has been the study of traffic law and the use of a car, truck, van or motorcycle on the streets and highways for noncommercial travel purposes.
I want to thank Keith Broaders who happens to be a big fan of constitutionally secured rights, for inviting me to teach and share the information I've accumulated about this topic for the past 25 plus years.
The reason I began my study of law was due to being informed that one is not required to have a driver license to travel for noncommercial purposes. When I learned of this fact I became quite upset because I was never taught any such thing. No one I knew was aware of it either. Well that was a long time ago and I decided to share this information with people and have been doing so for well over 15 years.
So let me ask a question, if you owned a horse ranch and wanted to go for a ride on one of your horses, do you ask your stable boy's permission, or do you simply tell him to saddle up the one you want to ride? With that in mind, how, as one of the people with the constitutionally secured right to acquire, possess and enjoy property get into the position of having to apply for our servant's permission to use our car, truck, van, or motor cycle before we could use it lawfully to go to our place of worship or the store for groceries or the movies?
Few people, including police, Highway Patrol officers, and Sheriff deputies are aware of what the DMV regulates and what the license permits. No one is required to have a license unless they engage in a business or profession. The DMV regulates those engaged in the profession or occupation of of driving. The license permits the holder to charge a fee to transport passengers or property. A cab DRIVER has the same class of driver license that is issued to 99.9% of everyone, Class C. If you were issued driver license then you're in a class with others who earn a living by driving, this is because driving is a business activity and a driver is one who engages in that business.
One is not required to have a license to use their car or truck to go to their place of worship, the store for groceries or clothing or other necessities, the doctor, the movies, the beach or camping because these are not business activities, they're personal activities for which one does not get paid or compensated, unlike a cab or flower delivery driver.
I DO NOT "drive". Everyone knows driving is a privilege. What everyone doesn't know is that driving is a profession or occupation and that's why it's a privilege. One must be licensed by the State to engage in the profession of driving. Again, I DO NOT drive, I use my personal property for household and other noncommercial travel purposes. There's a huge difference as the student and other interested parties will learn.
If you're interested in why you "have to" have a driver license and register your car, truck, van, or motorcycle, then the information I have to offer is for you. You'll also learn about what the so-called "traffic stop" really is. The publications listed below contain invaluable information about all these issues.
In this course of study, the student will learn what they have never been taught about what DRIVING actually is, and what the LICENSE is and what it permits.
The student will have to become familiar with more than a few code sections and read more than a few court cases if they intend to become competent on this topic. The internet provides access to the State Codes and State and federal court cases. Such information is available 24 hours a day so there's no reason for the student or other interested parties to not know about the information that will be provided.
At the two links provided below the student and other interested parties will be able to access both State and federal court cases and their State Codes. At Findlaw.com one is encouraged to create a free account so they can access their State Codes and State case law. For those in California the link to California court cases is a free service and one will be able to access California court cases dating to the inception of the state in 1849.
So again, if you didn't HAVE TO have a driver license to legally go where you wanted, would you go apply for one? If you didn't HAVE TO register your car, truck, van, or motor cycle to legally use it, would you and pay what amounts to an annual rent?
If you answered YES to either of these questions then this course of study is not for you. However, if you answered NO to those two questions then you'll be provided with evidence that has been denied you and your children about the DEPARTMENT OF MOTOR VEHICLES and what it regulates and the driving permit or license.
The DRIVER LICENSE is issued to those who engage in the PROFESSION or OCCUPATION of DRIVER. Driving is a PROFESSION or OCCUPATION and those not engaged in the PROFESSION or OCCUPATION of driving are not required to ask for nor posses the LICENSE. A LICENSE is issued to those who want to engage in business, this is what a license is for. This is what this course of study is all about.
A license proper is a permit to do business which could not be done without the license.
CITY AND COUNTY OF SAN FRANCISCO v. LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY et al. (1887), 74 Cal. 113
The student and other interested parties will be provided with unassailable evidence in support of what they've previously read.
The California Supreme Court has held: "We thus require citizens to apprise themselves not only of statutory language but also of legislative history, subsequent judicial construction, and underlying legislative purposes". People v. Grubb (1965) 63 Cal.2d 614). In order to comply with our duty and achieve a requisite understanding of the issue, one will be required to read court cases both State and federal. If this is not something one wishes to do then this course is not for them.
“...traffic stops are technically ‘arrests’...”
"Investigative Detentions", Spring 2010 POINT OF VIEW, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE. p. 1
A traffic arrest occurs when an officer stops a vehicle after seeing the driver commit an infraction. ...the purpose of the stop is to enforce the law, not conduct an investigation.
“Arrests”, Spring 2009, POINT OF VIEW, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE, p. 1
That's right, the so-called "traffic stop" is an arrest. People are being arrested when a peace officer, Highway Patrol officer, or Sheriff deputy pulls them over. In fact, the arrestee is in CUSTODY until the officer issues the NOTICE TO APPEAR and permits them to be on their way. See California Vehicle Code sections 40300, 40500, and 40504.
I'm confident you'll find the information contained in the publications below to be a valuable resource in your study of law related to the use of a car or other mechanical device.
The following publications are a consolidation of massive amounts of information on the various topics spanning over 25 years of legal research. I've downloaded and read over 10,000 court cases. You won't have to, however I urge and encourage the student or other interested party to do just that which you'll be able to do by visiting the links provided below. Create folders for your compilations of cases on whatever topics you deem important to you.
These publications are meant to be relatively brief yet contain unassailable evidence that can be used for your educational or court purposes.
For a donation of $10 a month or more, those interested in receiving court cases, interpretations of court cases, and other information regarding these various topics, will be receive them by email.
Linda, check your local state laws on definitions of "driver" and licensing. ANY licensing MUST have statutes and codes to support their actions. If they do not have these, you can challenge their position against you...