Driving vs. traveling is there a difference?
Law You Can Understand. Yes there is a difference! Surprisingly this is a very little known fact even in the legal arena. All courts and lawyers in America agree that the people have the right to travel as affirmed by the U.S. Supreme Court in numerous cases such as United States v. Guest, 383 U.S. 745 (1966), Kent v. Dulles, 357 U.S. 116 (1958), Shapiro v. Thompson, 394 U.S. 618 (1969), and many more... but they do not all agree on what that specific right entails. Driving is the act of operating /driving a motor vehicle on the public highways for profits or gains (for hire such as an Uber/taxi) for a commercial endeavor. Traveling (also referred to as public vehicular travel in many of the state's statutes) is driving a privately owned automobile for the use of the people's private affairs which means non-commercial purposes (recreational use) such as driving to a soccer game or driving to the grocery store, or driving home after work. Driving a 'motor vehicle' on the highways is a privilege granted by the government but traveling on the highways in a privately owned automobile is a right.
It is true the right to travel is not explicitly stated in the U.S. Constitution... it is a non-enumerated right, enumerated rights are those listed and numbered in the Bill of Rights of the U.S. Constitution. Non-enumerated rights are constitutionally protected rights that are not listed and named in the Bill of Rights. The U.S. Constitution recognizes and protects the enumerated rights and the non-enumerated rights.
"The word “travel” is not found in the text of the Constitution. Yet the “constitutional right to travel from one State to another” is firmly embedded in our jurisprudence. United States v. Guest, 383 U.S. 745, 757, 86 S.Ct. 1170, 16 L.Ed.2d 239 (1966). Indeed, as Justice Stewart reminded us in Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969), the right is so important that it is “assertable against private interference as well as governmental action... a virtually unconditional personal right, guaranteed by the Constitution to us all.” Id., at 643, 89 S.Ct. 1322 (concurring opinion). In Shapiro, we reviewed the constitutionality of three statutory provisions that denied welfare assistance to residents of Connecticut, the District of Columbia, and Pennsylvania, who had resided within those respective jurisdictions less than one year immediately preceding their applications for assistance. Without pausing to identify the specific source of the right, we began by noting that the Court had long “recognized that the nature of our Federal Union and our constitutional concepts of personal liberty unite to require that all citizens be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.” Id., at 629, 89 S.Ct. 1322." Saenz v. Roe, 526 U.S. 489 (1999)
The U.S. Supreme Court, also called SCOTUS for short: Supreme Court Of The United States, has stated in numerous cases that the right to travel is a basic right under the Constitution which means that it is a constitutionally protected right, see the case below/infra:
1. "In any event, freedom to travel throughout the United States has long been recognized as a basic right under the Constitution." Shapiro v. Thompson, 394 U.S. 618 (1969)
2. "A state may not impose a charge for the enjoyment of a right granted by the federal constitution." Murdock v. Com. of Pennsylvania 319 U.S. 105 (1943)
3. "Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right... may ignore the law and engage with impunity in exercise of such right." Shuttlesworth v. Birmingham 394 U.S. 147 (1969) "Ordinance which makes peaceful enjoyment of freedoms guaranteed by Constitution contingent upon uncontrolled will of an official, as by requiring a permit or license which may be granted or withheld in official's discretion, is an unconstitutional censorship or private restraint upon enjoyment of such freedoms" Shuttlesworth v. Birmingham 394 U.S. 147 (1969)
4. "Police power does not justify any act which violates prohibitions of state or federal Constitutions." Panhandle Eastern Pipe Line Co. v. State Highway..., 294 U.S. 613 (1935)
So we can see in the case of Shapiro v. Thompson that the U.S. Supreme court clearly states that traveling is a constitutionally protected right.....then we see in Murdock v. Com. of Pennsylvania that the state cannot charge the people for enjoyment of a right protected under the U.S. Constitution whether it be called a fee, a license, a tax, or any other name/label. There's not one right protected under the constitution which the federal, state, or local governments can issue a license for before exercising or enjoying.
LEGAL DEFINITION OF DRIVER FROM BLACK'S LAW DICTIONARY (a secondary source of law)
Driver. One employed 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, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. Revised 1968, p. 585
Employed. This signifies both the act of doing a thing and the being under contract or orders to do it. To give employment to; to have employment. State v. Birmingham Beauty Shop, Ala., 198 So. 435, 436. Black's Law Dictionary 4th Ed. p. 617
Operate. This word, when used with relation to automobiles, signifies a personal act in working the mechanism of the automobile; that is, the driver operates the automobile for the owner, but the owner does not operate the automobile unless he drives it himself. Beard v. Clark, Tex.Civ. App., 83 S.W.2d 1023, 1025. Black's Law Dictionary 4th Edition revised page 1243
Person. Persons are of two kinds, natural and artificial. A natural person is a human being. Artificial persons include a collection or succession of natural persons forming a corporation. Black's Law Dictionary, 4th Edition p. 1300
THE FEDERAL GOVERNMENT HAS DEFINED A MOTOR VEHICLE IN THE UNITED STATES CODE TO BE:
U.S.C. TITLE 18- CRIMES AND CRIMINAL PROCEDURE PART 1 CHAPTER 2 SECTION 31. DEFINITIONS
(6) Motor vehicle.—The term "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.
(10) Used for commercial purposes.—The term "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. https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter2&edition=prelim
PUBLIC VEHICULAR TRAVEL - Walking through Washington State's Revised Code of Washington (RCW).
Claim: The state's motor vehicle code a.k.a. the Uniform Commercial Driver's License Act does not apply to the exercise of a right. The state of Washington has jurisdiction over Motor Vehicles not Automobiles, the scope of authority of the state's motor vehicle code does not extend to private travelers...the people have the right to public vehicular travel in their privately owned automobiles on the highways, the people are exempt from having to obtain a driver's license, register their privately owned automobiles with the state, put license plates on their automobiles or other regulations from the motor vehicle code while operating in their private affairs, private travelers are subject to the common law, the basic rules of the road found in specific cases outlining the law in civil and criminal cases which are also found in RCW 46.61 the rules of the road.
Starting from: REVISED CODE OF WASHINGTON TITLE 46 MOTOR VEHICLES
RCW 46.25.001
Short title.
This chapter may be cited as the Uniform Commercial Driver's License Act.
[ 1989 c 178 § 1.]
RCW 46.25.005
Purpose—Construction.
(1) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.
[ 1989 c 178 § 2.]
In the state of Washington there are two driver's licensing provisions in title 46 Motor Vehicles, the first one is RCW 46.20.001 which is a general driver's licensing provision mentioned in chapter 25 section 5 of title 46 above and the second driver licensing statute is RCW 46.25.050 which specifically and exclusively applies to commercial vehicles and supersedes the first driver's licensing statute which is prima facie.
RCW 46.20.001 License required—Rights and restriction. (1) No person may drive a motor vehicle upon a highway in this state without first obtaining a valid driver's license issued to Washington residents under this chapter. The only exceptions to this requirement are those expressly allowed by RCW 46.20.025. (2) A person licensed as a driver under this chapter: (a) May exercise the privilege upon all highways in this state; (b) May not be required by a political subdivision to obtain any other license to exercise the privilege; and (c) May not have more than one valid driver's license at any time.
RCW 46.25.050 Commercial driver's license required—Exceptions, restrictions, reciprocity.
(1) Drivers of commercial motor vehicles must obtain a commercial driver's license as required under this chapter. Except when driving under a commercial learner's permit and a valid driver's license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:
(a) Who is the operator of a farm vehicle, and the vehicle is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, animal manure, animal manure compost, or any combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract motor carrier; and
(iv) Used within one hundred fifty miles of the person's farm; or
(b) Who is a firefighter or law enforcement officer operating emergency equipment, and:
(i) The firefighter or law enforcement officer has successfully completed a driver training course approved by the director; and
(ii) The firefighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose;
As stated above, RCW 46.25.050 supersedes (prevails over) RCW 46.20.001, it appears all law enforcement in and for the STATE OF WASHINGTON are citing private travelers/non-commercial users of the highway under RCW 46.20.001 which is prima facie and superseded by RCW 46.25.050. Notice that RCW 46.20.001 states "only exceptions to this requirement are those expressly allowed by RCW 46.20.025" which is clearly contrary to the superseding RCW 46.25.050, one must prevail, chapter 25 prevails over chapter 20 as stated as it is in 46.25.005. In RCW 46.25.050 we can see there are three exceptions [(a), (b), & (c)] to the driver's licensing requirement under the Uniform Commercial Driver's License Act, but there is only one exception that applies to public vehicular travelers under the Act to the driver's licensing requirement clearly stated as:
1(c) Who is operating a recreational vehicle for non-commercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; See Title 308:
The Revised Code of Washington does not define what a "recreational vehicle" is but the Washington Administrative Code (WAC) does, see below:
Title 308 WAC 308-100-210 Department of Licensing Recreational vehicle—Definition.
For the purposes of RCW 46.25.050 (1)(c), the term "recreational vehicle" shall include vehicles used exclusively for noncommercial purposes which are:
(1) Primarily designed for recreational, camping, or travel use;
(2) Towing a horse trailer; or
(3) Rental trucks having no more than two axles (one steering and one drive axle) used strictly and exclusively to transport personal possessions.
Title 46 RCW 46.30.010 Legislative intent. "It is a privilege granted by the state to operate a motor vehicle upon the highways of this state."
First it needs to be noted that a state granted privilege is not a Constitutionally protected right, they are two different things; See Rights v. Privileges page. Title 46 RCW 46.30.010 Legislative intent is in contradistinction to the right of public vehicular travel found in RCW 47.04.010 Definitions. (11) Highway.
The above statute (46.30.010) is in-fact correct and lawful, it is a privilege to operate/drive a "motor vehicle" on the highways. We will need to know the definition of what a motor vehicle is as well as understand the language of the courts to fully understand why this is true. Next we will look at RCW 46.98.020 which basically says that Title 46 Motor Vehicles and Title 47 Highways and Transportation are actually to be construed as one chapter along with other related laws that are scattered in different places such as title 81 Transportation in the RCW's and Title 308 DEPARTMENT OF LICENSING from the Washington Administrative Code, see below:
RCW 46.98.020 Provisions to be construed in pari materia.
The provisions of this title shall be construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same statute. The provisions of this title shall also be construed in pari materia with the provisions of Title 47 RCW, and with other laws relating to highways, roads, streets, bridges, ferries. And see RCW 47.98.020 Provisions to be construed in pari materia.
Pari Materia. Latin. Of the same matter; on the same subject; as, laws pari materia must be construed with reference to each other. Bac.Abr."Statute," I, 3; Dupont v. Mills, Del., 196 A. 168, 177, 119 A.L.R. 174. Black's Law Dictionary 4th Edition page 1270
Now we can see that titles 46 and 47 along with other relating laws (including but not limited to title 81 RCW) are to be considered one chapter... so let's start with Title 46 Motor Vehicles RCW 46.09.310 Definitions. (6) "Highway," for the purposes of this Chapter only, means the entire width between the boundary lines of every roadway publicly maintained by the state department of transportation or any county or city with funding from the motor vehicle fund. A highway is generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles.
So RCW 46.09.310 says that a highway is "generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles." Since a city may close off a road for construction or for an emergency situation the RCW uses the word "generally", RCW 47.04.010 is more specific mentioning that public vehicular travel on the highway is a right of the public:
Title 47 Public Highways and Transportation RCW 47.04.010 Definitions. (11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
Now let's look at chapter 82 DRIVERS TRAINING SCHOOLS in title 46 MOTOR VEHICLES, section 280 is the definitions for the chapter, and subsection (6) is "Driver training school" which is specifically defined as a commercial driver training school,..SEE BELOW:
RCW 46.82.280 Definitions.
(6) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
https://app.leg.wa.gov/RCW/default.aspx?cite=46.82
The Revised Code of Washington's definition of "motor vehicle" defined by the code is below, this RCW only defines motor vehicle in part, this is not the complete definition, and because this is not the complete definition this RCW is prima facie, now let's look at the definition of prima facie:
Prima Facie. Lat. At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. State ex rel. Herbert v. Whims, 68 Ohio App. 39, 38 N.E. 2d 596, 599. Black's Law 4th Edition page 1353
Now that we know what prima facie is lets look at the definition of motor vehicle from the code (RCW 46.04.320)...Together the two statutes below RCW 46.04.190 FOR HIRE VEHICLE and RCW 46.04.320 MOTOR VEHICLE establish the state of Washington's legal definition of 'motor vehicle'. Note RCW 46.04.320 is prima facie without construing it together with RCW 46.04.190.
RCW 46.04.190 For hire vehicle.
"For hire vehicle" means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride-sharing vehicles.[ 1979 c 111 § 13; 1961 c 12 § 46.04.190. Prior: 1959 c 49 § 20; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
NOTES:
Severability—1979 c 111: See note following RCW 46.74.010.Ride sharing: Chapter 46.74 RCW.
...Under both definitions is a bunch of arranged letters, numbers, and symbols, these are the session laws of the State abbreviated, in these session laws rests the State of Washington's first motor vehicle code from 1915 listed in abbreviated form as "part; 1915 c 142 § 2" (as well as other session laws), right before we see 1915 it first says "part". Now let's read the prima facie definition of motor vehicle from the code and we will see it does not make any distinction between commercial use or private use nor does it mention an automobile.
RCW 46.04.320 Motor vehicle.
(1) "Motor vehicle" means a vehicle that is self-propelled or a vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(2) "Motor vehicle" includes:
(a) A neighborhood electric vehicle as defined in RCW 46.04.357;
(b) A medium-speed electric vehicle as defined in RCW 46.04.295; and
(c) A golf cart for the purposes of chapter 46.61 RCW.
(3) "Motor vehicle" excludes:
(a) An electric personal assistive mobility device;
(b) A power wheelchair;
(c) A golf cart, except as provided in subsection (2) of this section;
(d) A moped, for the purposes of chapter 46.70 RCW; and
(e) A personal delivery device as defined in RCW 46.75.010.
[ 2019 c 214 § 6; 2010 c 217 § 1; 2007 c 510 § 1. Prior: 2003 c 353 § 1; 2003 c 141 § 2; 2002 c 247 § 2; 1961 c 12 § 46.04.320; prior: 1959 c 49 § 33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.] NOTES: Effective date—2019 c 214: See note following RCW 46.75.010. Effective date—2007 c 510: "This act takes effect August 1, 2007." [ 2007 c 510 § 6.] Effective date—2003 c 353: "This act takes effect August 1, 2003." [ 2003 c 353 § 12.] Legislative review—2002 c 247: See note following RCW 46.04.1695.
The abbreviated session law above previously was highlighted as a link to read the session law: "part; 1915 c 142 § 2" but has been disabled by the Wa. Code Reviser, yet listed below is a link to read the distinction between a motor vehicle and automobile from the first motor vehicle code enacted in 1915.
Washington State Session Laws, 1915 14th Session of 1915, Chapter 142 [S.H.B. 121] MOTOR VEHICLES Section 2 P. 386-387 (1) "Motor Vehicle" shall include all vehicles or machines propelled by any power other than muscular, used upon the public highways for the transportation of persons, freight, produce, or any commodity, except traction engines temporarily upon the public highway, road rollers or road making machines and motor vehicles that run upon rails or tracks. (2) "Automobile" shall mean the ordinary four wheeled motor vehicle and shall be synonymous with the term "motor vehicle" except as otherwise herein provided; (10) "Privately owned" shall include all motor vehicles not for hire. (11) "For hire" shall be taken to mean all motor vehicles, other than auto stages, operated for hire. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1915pam1.pdf
After clicking on the link to the session laws skip to page 385 where Motor Vehicles start and you can see the distinction made between a motor vehicle and an automobile on pages 386 and 387.
"Definitions are integral to statutory scheme and of highest value in determining legislative intent....To ignore definition section is to refuse to give legal effect to part of statutory law of state." State v. Taylor, 30 Wash.App. 89, 632 P.2d 892 (1981)
Traffic infractions are purely commercial and apply to operators of Motor Vehicles not Automobiles, hence the "MOTOR VEHICLE CODE".
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This is the best video on the internet explaining the right to travel by David Myrland from Washington state.
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