Licensing & Registration Versus Ownership
The Texas Department of Transportation sent me a letter a few days ago. In it, the state agency informed me my vehicle registration will expire in August of 2004. To get another windshield sticker, I have to fill out a form and hand over $72.30 ($73.30 if mailed). What's left unsaid is this part: TRANSPORTATION CODE, CHAPTER 502. REGISTRATION OF VEHICLES
� 502.002. REGISTRATION REQUIRED; GENERAL RULE.
(a) The owner of a motor vehicle, trailer, or semitrailer shall apply for the registration of the vehicle for:
- (1) each registration year in which the vehicle is used or to be used on a public highway; and
- (2) if the vehicle is unregistered for a registration year that has begun and that applies to the vehicle and if the vehicle is used or to be used on a public highway, the remaining portion of that registration year.
[...]� 502.401. GENERAL PENALTY.
(a) A person commits an offense if the person violates a provision of this chapter and no other penalty is prescribed for the violation.
(b) This section does not apply to a violation of Section 502.003, 502.101, 502.109, 502.112, 502.113, 502.114, 502.152, 502.164, or 502.282.
(c) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.� 502.402. OPERATION OF UNREGISTERED MOTOR VEHICLE. (a) A person commits an offense if the person operates a motor vehicle that has not been registered as required by law. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200.
[...]
� 502.404. OPERATION OF VEHICLE WITHOUT LICENSE PLATE OR REGISTRATION INSIGNIA. (a) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle that does not display two license plates, at the front and rear of the vehicle, that have been:
- (1) assigned by the department for the period; or
- (2) validated by a registration insignia issued by the department that establishes that the vehicle is registered for the period.
(b) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle, other than a vehicle assigned license plates for the registration period, that does not properly display the registration insignia issued by the department that establishes that the license plates have been validated for the period.
(c) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate, attached to the rear of the vehicle, that has been:
- (1) assigned by the department for the period; or
- (2) validated by a registration insignia issued by the department that establishes that the vehicle is registered for the period.
(d) Subsections (a) and (b) do not apply to a dealer operating a vehicle as provided by law.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
So you basically can't drive a car on a Texas public road unless you've paid a
But so what? If I wanted to thumb my nose at the state, why not just stop registering and complying with these small misdemeanors and take the fines? Well, we have PENAL CODE, CHAPTER 12. PUNISHMENTS
� 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.
(a) If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:
- (1) a fine not to exceed $4,000;
- (2) confinement in jail for any term of not more than one year or less than 90 days; or
- (3) both such fine and confinement.
(b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:
- (1) a fine not to exceed $2,000;
- (2) confinement in jail for any term of not more than 180 days or less than 30 days; or
- (3) both such fine and confinement.
(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:
- (1) a fine not to exceed $2,000;
- (2) confinement in jail for a term not to exceed 180 days; or
- (3) both such fine and confinement.
(d) If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.
You get tossed in jail and the fines add up. I'd assume that after a point, the state will just charge you with felony offenses and continue bumping up the punishment.
Is this a great system we have or what?
When I grew up, my dad was fond of a saying I'm certain many of you have heard before:
Driving is a privilege and not a right.
He never bothered explaining how he come to such a conclusion, especially since he once modded and hot-rodded cars in the 50's and 60's. You'd think the individualism and rebellion implicit in those activities would incubate a greater level of anti-authoritarianism. But I think I know why he thinks that way.You come to that conclusion due to explicit acceptance of state road ownership. Since the state owns the roads, it gets to set the rules for them. Since the state owns most roads, the phrase above is de facto true. A right is something you don't have to ask permission to do. The legal code quoted above is essentially that process of asking permission.
Which leads to private property. You don't really own something if you have to ask permission to use it. Even if that permission is limited to a series of yearly form-filling chores and money wasted on bureaucracies. Part of the problem with arguing against this notion is that you start off on the wrong foot. Driving itself isn't a right; it's an extension of more fundamental rights such as property and freedom. I don't have the right to drive over your rose bushes or on your driveway without your permission.
A better way to counter the "privilege, not a right" idea is to change the terms of the debate. Don't argue individuals have a right to drive. Argue they have a right to use their property as they wish provided they don't harm others'. Argue they also have a right to move freely provided they don't trespass on others' property. Skip the superficial derivative of a right to drive and protect the more fundamental rights. Safeguard them and arguments over other issues will be easier and you'll contradict yourself less.
Comments
We all have God given, unalienable rights to enjoy and use our personal property so long as we do not harm others. Unfortunately, the federal and state governments no longer exist to serve the people and our nation has become ruled by elected tyrant kings that legally are no more than corporate board members who are puppets for the banking cartels and old world families that own the Fed Reserve, World Bank, and IMF. Our federal government was dismembered and killed by the declaration of bankruptcy in 1933 as evidenced in HJR 192 and turned into nothing more than a private, for profit corporation with the states as trustees in bankruptcy. States are no more now than corporations too. As corporations acting under the presumption that we are all fictional entities in commerce with them and that we are their employees or "members". Well, if we insist on our original Constitution, Bill of Rights, etc. in their historical context and intent after our God-given natural Rights, we are not their employees or part of their corporation thus none of their rules apply to us. Similar to the case of if you don't work for IBM or US Bank, their corporate policies and rules have no effect or authority. Unfortunately, due to the lack of due process and seperation of government in our courts, along with the fact that there are officers of the state on both sides of the bench (the attorneys/prosecutors and the judge)who are there simply to enslave people and extract money from the citizenry just like the ol'kings of England. Welcome back to serfdom, slavery, and peonage America. We were not vigilant and now we are all going to hang.
Posted by: Dee | July 4, 2005 07:32 PM