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Driver licensing is ostensibly legally valid based on the following:

The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking under rules of general application permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to others of like qualifications, under like circumstances and conditions.

Why are license expiration dates (and associated requirement to pay renewal fees) not considered arbitrary revocations of the license?

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  • I'm voting to close this question as off-topic because this is just a rant.
    – SJuan76
    Commented Mar 15, 2018 at 21:36
  • @SJuan76 Yes, its a rant but there is a legal question in there.
    – Dale M
    Commented Mar 15, 2018 at 21:47
  • It appears that someone who asked a previous question and got badly down voted is now setting up a new userID to follow up. I don't know that this is a TOS violation, but it is concerning.
    – ohwilleke
    Commented Mar 15, 2018 at 21:56
  • @ohwilleke I copied the relevant part of a somewhat related question answer to mine. Sorry for any confusion. I did rant I don't know how not to.
    – Tia Liebe
    Commented Mar 15, 2018 at 22:37
  • @Dale M Thank you. I think I did my best to clarify my use of arbitrary vs your use of it if you would be willing to check back and see if what I've written helps clarify. If not at least thank you for being objective in seeing I have a real question even if it is not put together in the best format.
    – Tia Liebe
    Commented Mar 15, 2018 at 22:46

2 Answers 2

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Arbitrary doesn't mean what you think it means

The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards.

A clear rule that a license fee is required to be paid by a certain date that is the same for everyone is pretty much the opposite of arbitrary.

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  • Apparently you are the one who does not understand the meanign of arbitrary. I am using the literal definition not the legal one to point out in our common language how silly the concept that a person who IS legally qualified to operate an automobile one day does not in any way LOSE that ability by having a certain amount of time pass. That amount of time being both literally arbitrary and therefore legally arbitrary. You say its a law that has requirements and is therefore not arbitrary in a legal way, I say it was created for a literal arbitrary purpose so why are we keeping it around?
    – Tia Liebe
    Commented Mar 15, 2018 at 22:04
  • This is not an offense to you. I am drawing from this specific case as I feel it is the most relevant here. I am not discussing the validity of licensing. I am pointing out that provisions for licensing specify that the manner we are going about it may be incorrect. Please answer my question for real. You insist this is a 'frivolous argument' you provide no sources for this claim. If I am right in concept and we change the law to reflect it no one will ever have to pay for a license past the first issuance. Leading into [another time] not having any recurring fees of any kind.
    – Tia Liebe
    Commented Mar 15, 2018 at 22:08
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    @TiaLiebe you need to consult a dictionary, any dictionary- there is no legal definition of arbitrary that is different from the common English one.
    – Dale M
    Commented Mar 15, 2018 at 22:10
  • "A clear rule that a license fee is required to be paid by a certain date that is the same for everyone is pretty much the opposite of arbitrary." The expiration date existing in the first place is the definition of arbitrarily revoking a valid license. Please if you disagree clearly explain how voiding your license simply after a certain amount of time forcing you to pay for another is anything BUT arbitrary. Which if I read correctly is a violation of how licensing for automobiles can be lawfully carried out.
    – Tia Liebe
    Commented Mar 15, 2018 at 22:14
  • Requiring a license exist in perpetuity or for life is no more or less arbitrary than granting them for a fixed term. By the way- licenses “expire” they don’t get “voided”. The existence or not of the license doesn’t affect your ability to drive, just the legality of it.
    – Dale M
    Commented Mar 16, 2018 at 0:27
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To answer your question about where governments get the authority to require licenses, the answer is that it's inherent in their status as governments. In the United States, the federal government is one of enumerated powers. When Congress passes a law, and that law is challenged, the government has to be able to point to a specific section of the Constitution that the law is implementing.

This limitation is specific to the US federal government, and is a result of the federal-state distribution of powers. It is not a general requirement that all governments have to abide by. Generically, governments have full authority to pass laws on any subject in order to promote the general welfare unless there's some reason they can't pass it. This is called "general police power," and in the US it is possessed by the states. There are some limits to what state governments can do, to be sure. They can't interfere with federal law in areas regulated by the federal government. They can't pass a law that names an individual and punishes them. They can't infringe on fundamental rights protected by the federal constitution. Their state constitution imposes its own limits on what they can't do. But that's how it's expressed -- in terms of what they can't do. The idea that they can do anything to promote the public welfare unless there's some reason to say otherwise is implicit.

In this case, unless there is an actual reason states can't require paying a regular fee to drive on public roads, they are allowed to do it. States have the inherent power to raise revenue. An excise tax on operating an automobile on tax-funded streets (which is what a license fee amounts to, with an unexpired license serving as proof of payment) is a perfectly legitimate way of raising revenue, just like imposing a toll to use a particular street is a perfectly legitimate way of raising revenue.

You're claiming it's arbitrary because the specific amount of the fee and how long it lasts for are arbitrary, but almost everything government does is arbitrary in that sense. Maryland requires 20/40 vision for an unrestricted license. Is someone with 20/41 vision significantly less able to drive than someone with 20/40? Nope. However, there's certainly a good reason to say "you must have decent vision to drive." Letting examiners make their own judgment calls on whether vision means whether you pass can depend on how your examiner is feeling that day. This is the kind of arbitrariness that a government is supposed to minimize: an individual has no idea whether an examiner will say their vision is good enough or not, and there's no standard to ensure people are treated equally. By setting the line at 20/40, there is a single rule applicable to every state resident. You might be denying someone a license because their vision is only slightly worse than the arbitrary standard, but that's better than leaving this totally up to an individual examiner.

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  • Thank you for your answer. You are mostly on the same page as me so far. So to follow up with my next question. How do I start to change this system? I insist that in its current state it makes no real sense to have a valid license one day proving you know how to operate a vehicle suddenly become invalid the next legally implying you no longer know how to drive. I personally see no reason to continue to support this system as it is as I see no way it provides any protections or benefits to anyone participating in it. Where do I go from here?
    – Tia Liebe
    Commented Mar 16, 2018 at 2:09
  • You say "imposing a toll to use a particular street is a perfectly legitimate way of raising revenue" This is not a valid way to raise revenue. All citizens have the right to utilize the post roads that must be maintained by our government. No citizen is required to pay any fee to exercise their right to travel on our public highways. Private roads not included.
    – Tia Liebe
    Commented Mar 16, 2018 at 2:17
  • You say "there's certainly a good reason to say "you must have decent vision to drive."" yes there is and I understand the concept of arbitrary as a literal vs legal context. I am saying that because having an expiration date on a skill that does not expire is literally arbitrary. The opposite of having a number associated with the vision test. That we should be rethinking the law as written. It would be more socially inclusive and less economically intrusive if we made liscenses a one time buy UNLESS they are voided/suspended/;w/e legal wording you want to use for it.
    – Tia Liebe
    Commented Mar 16, 2018 at 2:27
  • I'm saying by definition the vision requirment in not arbitrary. Why were these numbers chosen? I bet an eye doctor can answer how they came up with the numbers in a non arbitrary way. On to the 'it expires unless you pay a fee' part. How and why was the existence of an expiration date that will force a monetary encumbrance onto the citizen in question not decided to be included arbitrarily? Where is the motivation for all the citizens representatives to have voted this into law? Where is the REASON and JUDGMENT used to determine that expiration dates of licensing have a legit purpose.
    – Tia Liebe
    Commented Mar 16, 2018 at 2:34
  • The eye test benefits us in keeping blind people from driving cars. The initial fees provide for the license creation and keeping the database up to date. Who and in what way does the expiration date benefit? Does it provide extra security? No. Does it help keep criminals off the streets? No. Does it make driving a car safer? No. Does it arbitrarily convert an activity that the day previous was perfectly legal and probably required for your daily life into a crime for you to do the following day that you may now have to incur more personal financial loss just to /continue/ your life.
    – Tia Liebe
    Commented Mar 16, 2018 at 2:51

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