Are the driving laws in the U.S primarily for commercial purposes only and not for the average person that doesn't use the roads and streets for bussiness purposes?
2007-09-15 05:47:31 · 10 answers · asked by Juan H 1 in Cars & Transportation ➔ Insurance & Registration
Yes, there is indeed a Right to Drive "safely".
"The streets belong to the public and are primarily for the use of the public in the ordinary way." -- Packard v. Banton, 264 U.S. 140 (1924) - http://laws.findlaw.com/us/264/140.html#144
What is the "ordinary way" we use our public highways for personal travel today? Driving the automobile, of course. A hundred years ago, the "ordinary way" would have been the horse and buggy, and nobody would have even attempted to deny that Right. Yet, today, through deceptive court rulings, our Right of Locomotion ordinarily used for personal travel on our public highways is routinely being violated by every state.
And, in further support of our Right to Drive the ordinary Locomotion of the day on our public highways, there is the following court ruling. Note it's use of the word "ordinarily", meaning the Right of Locomotion ordinarily used:
"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 14th Amendment and by other provisions of the Constitution." - Williams v. Fears, 179 U.S. 270 (1900) - http://laws.findlaw.com/us/179/270.html#274
And then, in very explicit terms, our Right to Drive Automobiles is recognized by this court:
"The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness." Slusher v. Safety Coach Transit Co., 229 Ky 731, 17 SW2d 1012, and affirmed by the Supreme Court in Thompson v. Smith 154 S.E. 579.
Driver Licensing is based on the presumption that we somehow owe it to society to demonstrate that we are unlikely harm any others in the process of Driving. But, the following court ruling clearly states that we inherently OWE NOTHING.
"[The Individual] owes nothing to the public so long as he does not trespass upon their rights." -- Hale vs. Hinkel, 201 US 43, 74-75 - http://laws.findlaw.com/us/201/43.html#74
Furthermore, Driver Licensing serves no purpose to highway safety that laws against endangerment didn't already serve. Read more on this issue at: http://proffsl.110mb.com/driver_licensing.php
2007-09-17 19:25:54 · answer #1 · answered by proffsl 1 · 0⤊ 0⤋
You do not have a right to travel by car, you have the privelege of driving, if you possess a license to drive. The driving laws do not apply just for commercial purposes, the laws are in place to protect all who are either drivers,passengers of vehicles on public roadways. Again, not your right, but your privilege.
2007-09-15 13:43:53 · answer #2 · answered by fisherwoman 6 · 0⤊ 0⤋
There is no right to drive in America. It is a privilege. If you want to get around you can take a bus, car pool with friends, or drive yourself.
The government has set up laws to help people stay safe and to allow better movement across the country. If someone learns the laws, (and not many do <-- Joking ) you can purchase a car, insurance and then register it with the state where you live, you can drive.
Remember it is not a right to drive, it is a privilege. I hope this helps to answer your question.
2007-09-15 13:00:55 · answer #3 · answered by gumie23 2 · 0⤊ 0⤋
I am not aware of many people who do not use public highways to travel on. Driving is a privelege and not a right. Feel free to drive off-road on any property you own without getting a drivers license.
2007-09-15 15:19:45 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋
there is no gauranteed right to travel first off, second the driving laws are there to protect drivers and non-drivers, you must pass a written test and driving test to acquire a license. You must demonstrate knowledge of laws, regulations, and safety so you don't kill/injure others. If you are unwilling to get a license there is always public transportation.
2007-09-15 13:01:34 · answer #5 · answered by riddance86 2 · 0⤊ 0⤋
Yes, indeedy, it sure is. If you want to drive on your own land, --maybe you have a farm or something, feel free. But on public roads, no matter how small or out of the way they may be, you sure do need a license.
By the way, if you hit someone, even on your own land you are still liable.
2007-09-21 18:44:55 · answer #6 · answered by Gardener Joe 1 · 0⤊ 0⤋
A driver's license is not a right but a priviledge
2007-09-15 13:09:28 · answer #7 · answered by steven wes and les 2 · 0⤊ 0⤋
No, because there is no inherent right to drive a car. Period. End of debate.
2007-09-15 13:11:25 · answer #8 · answered by oklatom 7 · 0⤊ 0⤋
duh!driving and road laws are for everyone driving , walking,orriding bike .of course you have to have a license! are you pretending to be dumb or are you an illegal alien?
2007-09-21 16:51:13 · answer #9 · answered by Ciccio S 2 · 0⤊ 0⤋
no they are to help keep everyone safer
2007-09-15 12:54:25 · answer #10 · answered by soccer guy 2 · 0⤊ 0⤋