Law Resources

Right to Travel

"A license proper is a permit to do business which could not be done without the license."

Code of Federal Regulations

Title 49 — TRANSPORTATION

Volume 4 (Revised as of October 1, 1999)

Chapter III — FEDERAL HIGHWAY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
Part 390 — FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL


390.5 Definitions.

Driver means any person who operates any commercial motor vehicle.

Interstate commerce means trade, traffic, or transportation in the United States—

(1) Between a place in a State and a place outside of such State (including a place outside of the United States);

(2) Between two places in a State through another State or a place outside of the United States; or

(3) Between two places in a State as part of trade, traffic, or transportation Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ``interstate commerce.'' Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property,

Operator -- See driver.

Primary source (GovInfo.gov):
Code of Federal Regulations, Title 49, Volume 4, Chapter III, § 382.107 — Definitions. (1998)
"Driver means any person who operates any commercial motor vehicle."


What You Were Never Taught About :

The DRIVER LICENSE

by Richard, Parks Iverson (2014)

No permission is required to exercise a secured unalienable right.

Unlike a secured right, the driving privilege is something one must ask and pay for . . .

Was anyone ever taught what the purpose of the DMV was? Was anyone ever taught what a license is for? If not why not? Why would the public schools of this country not teach children who are forced to attend, something as significant as what driving and a motor vehicle and a license is? Who would benefit from the majority of people not knowing this essential information?

Contrary to everyone’s belief, driving is a profession. It’s a job for which one is permitted to receive compensation. The license permits the holder of the license to charge a fee to transport passengers or property from Point A to Point B. A driver is one employed, they’re an employee, they’re on the job and receiving compensation for the activity they’re employed for and engaged in.

This essay will provide the reader with unassailable evidence in support of the assertion that driving is a profession, [whereas travelling is a secured, unalienable right.]

The streets and highways belong to the people.

The people have the secured unalienable right to use their streets and highways for the common or primary purpose for which they were laid out. The primary purpose of the streets and highway is for noncommercial travel use. In other words, no one has a right to use the streets and highways as their place of business which requires the State’s permission which is evidenced by the driver license. The driver license permits engagement in business or a profession (verb) that would otherwise be illegal.

“A license is in the general nature of a special privilege, entitling the licensee to do something that he would not be entitled to do without the license”. 51 Am. Jur.2d., LICENSES AND PERMITS, PART ONE, GENERAL PRINCIPLES, I. GENERAL, §1. Generally, p. 7

The Vehicle Code applies to COMMERCIAL USE of the streets and highways by those engaged in business which are identified by the term DRIVER or OPERATOR. The mechanical device used for the COMMERCIAL or BUSINESS purpose is identified by the term MOTOR VEHICLE or VEHICLE or AUTOMOBILE.

COMMERCIAL use of the streets and highways is an EXTRA ordinary use and NOT the primary purpose of the streets and highways which is for NONCOMMERCIAL or ORDINARY or COMMON travel purposes.

SECURED RIGHT = ORDINARY/COMMON USE, NO LICENSE REQUIRED
TAXED COMMERCIAL INFERIOR PRIVILEGE = EXTRA ORDINARY USE, LICENSE REQUIRED

Given the foregoing, it should be obvious that there are two sets of rules. One set of rules governs commercial use of the streets and highways. Those rules are located in the Vehicle Code and the Business and Professions Code. Whenever someone is interrupted by a police officer while using their car, it will be for an alleged violation of the Vehicle Code.

Read full document here.


Senator Wayne Stump Letter (1985):

"It has come to my attention that numerous individuals in our state have rescinded all of their contracts with the United States federal government, the State of Arizona, and each of its political subdivisions, establishing themselves as freemen under the organic national Constitution of the Republic of the United States of America."

—Senator Wayne Howard Stump (1985)

"I, Wayne Howard Stump, do Solemnly state"

"It has come to my attention that numerous individuals in our state have rescinded all of their contracts with the United States federal government, the State of Arizona, and each of its political subdivisions, establishing themselves as freemen under the organic national Constitution of the Republic of the United States of America. Consequently, they may be driving without auto registration, driver's license, or any other evidence of contract.

"Because many law enforcement personnel may be unaware of the contractual nature of auto registration and driver's licenses, it is conceivable that this situation may lead to confrontation between these individuals and law enforcement personnel.

"I urge you to inform yourself and your personnel about this matter as soon as possible. If you would like to be briefed by someone knowledgeable on this subject, please contact me.

"In the meantime, inasmuch as this procedure is entirely appropriate when properly carried out, I would like to be personally notified of every such instance of confrontation in order that the persons involved and the public officials involved may be apprised of the correct procedure and the appropriateness of their actions on the part of each concerned."

—Senator Wayne Howard Stump (1985)

Read the full document here.


US Department of Travel
November 23, 2015

GOVERNOR PAT McCRORY
20301 Mail Service Center
Raleigh, NC 27699-0301
(919) 733-4240

RE: VIOLATION OF U.S. SUPREME COURT RULINGS REGARDING THE RIGHT TO TRAVEL

SUBJECT: EDUCATION OF LAW ENFORCEMENTS AND NORTH CAROLINA JUDICIARY


Dear Governor McCrory,

We are sending this correspondence to make you aware of the unconstitutional acts committed by your law enforcement agencies and state courts against the people of North Carolina. These acts may or may not have been committed knowingly or unintentionally but we are writing to your office to ensure that these violations are brought to your attention so that they can be addressed and corrected.

As you may or may not know, there are people in your state whose status is ostensibly different than the average US Citizen and are considered Foreign Nationals or American Nationals with certain safeguards and protection under the law. Our primary concern is that their travel rights in your state are not infringed.

In order to educate your law enforcement regarding Foreign Nationals or American Nationals in your state, you can call the Department of State here in Washington, D.C. to get clarity or you can go to the Department of State’s website at http://travel.state.gov/content/dam/travel/CNAtrainingresources/CNAManual_Feb2014.pdf or our website at https://www.usadot-gov.org/CNAManual_Feb2014.pdf and download the manual.The Department of State also offers training for your law enforcement officers free of charge to raise awareness and compliance. Log on to: http://travel.state.gov/content/travel/en/consularnotification/training-outreach.html.

We have enclosed one of our affidavit forms for the exemption of registration and licensing for Foreign Nationals that Foreign Nationals have to file in your state to lawfully claim the exemption. This affidavit also can be used by U.S. Citizens who are not driving or operating a motor vehicle for profit or for hire.

Please forward this information to all of your law enforcement agencies in your state to prevent any unnecessary lawsuits from being filed against these agencies for not following the law and violating the rights of the people to freely travel without interference unless they are a threat to the public safety.

If you have any questions regarding this matter please feel free to respond in writing by mail or fax any questions or concerns you may have and we will be happy to answer and address them.

Thank you in advance for your cooperation and consideration in this matter.

Signator, Norv Eisenberg, Foreign National Division

Read the full document here.