countryclubjoe
Regular Member
Your only defense against tyrants is a court of LAW.
CCJ
CCJ
Folks, this comes up from time to time.
You get folks on here claiming that you don't need to get your driver's license, register your car, pay your taxes, etc.
The United States in Congress assembled has been granted the authority to regulate commerce, we do "enjoy" a commerce clause after all.
Unless you can cite the alleged authority to regulate private lives, you have no argument implying one needs to do any of the above quoted.
Congress doesn't issue or cause you to need a driver's license, the state does.
You are mistaken, every state in the union has a State Plan in place, adopting the traffic laws as found in the Code of Federal Regulations.
In NM it reads as follows:
18.2.3.12 DRIVING OF MOTOR VEHICLES:
The department of public safety hereby adopts Part 392 of Title 49 of the Code of Federal Regulations (49 CFR 392 - Driving of Motor Vehicles)***, with no amendments.
[2-3-93; 11-17-93; 2-14-95; 11-17-95; 4-30-97; 18.2.3.11 NMAC - Rp 18 NMAC 2.3.11, 6-29-00]
[emphasis mine]
So the state adopts a set of existing laws as their own. Then they can amend those laws as that state sees fit.
How does that mean you do not have to register your motor vehicle, etc., etc.?
Cities adopt standard building codes too. They don't have to. They can adopt them in full or amend them or not at all and develop their own. So?
You picked the wrong site to pull your crap. Folks here don't just swallow BS from strangers who come here posting like they know what the hell they're talking about when they don't. I've never posted anywhere where the folks study and know as much law as they do here.
Back to the original point that was refuted that you tried to resuscitate with the above BS: The Congress has nothing to do with the issuance of DLs. The States do that. No US constitutional authority is needed.
Try again.
Back to the original point that was refuted that you tried to resuscitate with the above BS: The Congress has nothing to do with the issuance of DLs. The States do that. No US constitutional authority is needed.
Try again.
NRS 483.230 Licensing of drivers required; vehicle being towed; possession of more than one license prohibited.
1. Except persons expressly exempted in NRS 483.010 to 483.630, inclusive, a person shall not drive any motor vehicle upon a highway in this State unless such person has a valid license as a driver under the provisions of NRS 483.010 to 483.630, inclusive, for the type or class of vehicle being driven.
NRS 482.135 “Vehicle” defined. Except as otherwise provided in NRS 482.36348, “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:
1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS; or
3. Electric personal assistive mobility devices.
[Part 1:202:1931; A 1951, 165; 1953, 280]—(NRS A 1979, 1222; 2003, 1205; 2003, 20th Special Session, 299)
NRS 482.205 Registration required for certain vehicles. Except as otherwise provided in this chapter and NRS 706.188, every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this State shall, before the motor vehicle, trailer or semitrailer can be operated, apply to the Department or a registered dealer for and obtain the registration thereof.
[Part 6:202:1931; A 1941, 51; 1949, 511; 1953, 52]—(NRS A 1963, 1276; 1995, 1861; 2009, 390)
You are mistaken, the Code of Federal Regulations, as adopted through the various individual States' plans (see my post above), CAUSES the issuance of the licenses by the states.
Without Title 49 of the Code of Federal Regulations, as adopted by the United States in Congress assembled, no licenses are ever issued.
Here is the NV code that requires registration:
Didn't see any reference to federal code forcing a requirement.
BS.
States can easily 'force' it absent CFR.
<snip a bunch of red herring>.
NRS 481.019 Creation; powers and duties.
1. The Department of Motor Vehicles is hereby created.
2. The Department is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.
(Added to NRS by 1957, 609; A 1985, 1930; 2001, 2542)
Ok, then you show me where and how they can "force" it absent the CFR, please do show me where they have obtained and established that authority.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
That is the motor carrier chapter. It is valid to convey upon the DMV the authority to regulate motor carriers.
The code you refer to is under the TITLE 58—ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
To be on subject, you should check in TITLE 43—PUBLIC SAFETY; VEHICLES; WATERCRAFT