I believe we can all agree that there is no reasonable argument that anyone has the right to drive without a drivers license. The states have been granted in several court cases even up to the supreme court. The state has the power to regulate interstate, and intrastate transportation, and commerce.
So when it comes to people saying that they have the right to travel, we can all agree that they have this right guaranteed in the constitution. However, the problem comes along when they try and say that they have the right to operate, or drive a motor vehicle.
Initially, I thought that this was a ridiculous and frivolous argument, until someone asked me to define the following terms.
transportation motor vehicle vehicle drive owner operate
In standard English, we all know exactly what the law states, and what the courts have decided.
However, when using the LEGAL definition of these words. I do see an argument.
That argument being that all of these words' legal definition refer to commerce, and that none of these words actually apply to the individual not engaged in commerce.
The question I'm trying to understand is if the common-law right to travel can be applied to a person driving a car, or rather I guess the statement would be made that the transportation code does not apply to individual citizens who are not actively engaging in commerce. , but with the definitions coming from U.S. statutes, case law and blacks
TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES CHAPTER 502. REGISTRATION OF VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
(2) “Commercial Motor Vehicle” means a motor vehicle other than a motorcycle, designed or used primarily to transport property.
(13) “Motor Vehicle” means a vehicle that is self propelled (16) “Owner” means a person who: (A) holds the legal title of a vehicle (B) has the legal right of possession of a vehicle: or (C) has the legal right of control of a vehicle. (24) “Vehicle” means a device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 625, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 586, Sec. 2, eff. September 1, 2005. Common Carrier – Black’s Law Dictionary (6th ed. 1990 at 275). A common carrier is “[a]ny carrier required by law to convey…freight without refusal if the approved fare or charge is paid…”(Commerce) Common Carrier – Black’s Law Dictionary (8th ed. 2004 at 275). A carrier that is “generally required by law to transport…passengers or freight, without refusal, if the approved fare or charge is paid(commerce).”
Contract Carrier – Black’s Law Dictionary, at 325 A contract carrier is a “transportation company that carries, for pay(commerce), the goods of certain customers only as contrasted to a common carrier that carries the goods of the public in general.”
Driver – Black’s 3rd One employed(commerce) in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle tricycle, or motor car, though not a street railroad car. Driver – Black’s 4th One employed(commerce) in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving(commerce), whether employed by owner to drive(commerce) or driving(commerce) his own vehicle. Driver – Black’s 6th A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Traffic(commerce) – Bouvier’s (1856) Commerce, trade, sale or exchange of merchandise , bills, money and the like. Traffic – Black’s 3rd Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of goods or commodities from one person to another for an equivalent in goods or money. Senior v. Ratterman, People v. Horan, People v. Dunford, Fine v. Morgan, Bruno v. U.S. (C.C.A.) Transportation – Black’s 4th The removal of goods or persons from one place to another, by a carrier(commerce). Transportation –Black’s 6th The movement of goods or persons from one place to another, by a carrier.
Transportation – 49 U.S.C. Sec. 5102(12) “transports” or “transportation” means the movement of property and loading, unloading, or storage incidental to the movement.(We now see ANY of these words refer to TRANSPORTATION which has been defined as commerce)
The United States Supreme Court has ruled that: Undoubtedly the RIGHT of locomotion, the RIGHT to remove from one place to another according to inclination, is an attribute of personal liberty, and the RIGHT, ordinarily, of free transit from or through the territory of any state is a RIGHT secured by the Fourteenth Amendment and by other provisions of the Constitution. See:Williams v. Fears, 343 U.S. 270, 274 “Generally “public road” is road used by public as matter of right.” See; Atchison Transportation & Shipping F. RY. Co. v. Acosta, (Civ. App. 1968) 435 S.W.2d 539 ref. n.r.e.
Transportation is Commerce, which IS a REGULABLE activity.