How Tennesseans could throw off shackles of police state imposed on highways

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Deputy Mark Kimsey of the Hamilton County sheriff’s department might have less enforcing to do against innocent travelers if Tennessee took up a reform proposed in New Hampshire that explicitly separates private automotive travel from for-profit and commercial uses of the public right of way. (Photo Facebook)

A bill in the general assembly of New Hampshire is getting a first hearing Wednesday to separate the law non-commercial use of highways in the state from for profit used by businesses.

Legislation of this kind of needed in Tennessee to end state government’s abuse of courts, police departments and finally the people themselves who are consumed by the tens of thousands by the judicial industrial complex in each of the state’s 95 counties.

By David Tulis / NoogaRadio 92.7

The New Hampshire bill makes a little-understood distinction between the types of people on the highways across that state. There are private users such as employees, family members, individuals, clergymen, charity workers, students and others on private duty and obligation or those using the roads for pleasure (going to the theater, or on vacation).

Tune in to the David Tulis show weekdays at 9 a.m.

On the other hand, there are business users whose principal place of business is the highway. This group would include truckers, shippers, haulers, cab companies, logging companies, dump truck operators, courier services, logistics companies and ride-sharing services such as Uber.

The act “relative to registration of commercial motor vehicles and operator’s/drivers’ licenses” seeks to end police interactions against users in the majority of cars and trucks on the road in New Hampshire  whose users are not involved in commerce and not making a profit on the people’s roads.

The measure codifies distinctions in the law similar to those that exist in the Tennessee Code Annotated and numerous court decisions in the Southern state. Tennessee has allowed for 80 years of lawless enforcement against the constitutional property right of travel. That right today is being defended in the Arthur Jay Hirsch case. May God give Tennesseans a desire to pursue such reforms.

Here’s a link to the bill. Rep. Bobby Franklin in Georgia sponsored a similar bill, HB7, The Right to Travel Act, in the 2011-2012 session.

Highlights of important bill

1  Statement of Purpose.  The general court finds that the authority of the department of safety is limited to only the commercial users of the public ways and that the corporate state employees have, by their silence, failed to fully inform the sovereign people of this state that an automobile has been confirmed by Chief Justice Grimes, in 108 N.H. 386, to be “private property” defined by current RSA 382-A:9-109, as “household goods” and “consumer goods” not for commercial use or for profit or gain.  Further, the courts have found that corporate public servants who ignore their accountability as mandated in Article 8, N.H. Bill of Rights have by their silence and failure to fully inform the sovereign people of the consequences arising from the corporate “offer to contract,” is deemed silent deception and inducement by fraud.

‘Right to travel’

2  Right to Travel.  RSA 261:40 is repealed and reenacted to read as follows:

261:40  Right to Travel.  

  1.  For the purposes of this section:

(a)  “Automobile” and “motorcycle” means any self-propelled conveyance used for noncommercial travel upon the public ways.

(b)  “Motor vehicle” means any self-propelled conveyance designed and used upon the public ways for profit or gain in business or commerce.

(c)  “Household goods” or “consumer goods” has the same meaning as the Uniform Commercial Code found at RSA 382-A:9-102 and shall include an automobile.  Automobiles and all noncommercial conveyances shall be exempt from the license and registration required of commercial motor vehicles.

(d)  “Operator” or “driver” means one who controls the movement of a conveyance upon the public way for commercial or business purposes.

(e)  “Traveler” means one who controls the automobile or other noncommercial conveyance.

(f)  “Common law” means the sole remedy for any controversy arising from or by the public use of household goods or consumer goods such as an automobile or other noncommercial conveyance.

  1.  The department of safety shall provide, at no cost, every noncommercial automobile owner or owner of an other noncommercial conveyance with an appropriate decal imprinted with the words “RSA 382-A:9-109 Exempt.“  The division of motor vehicles shall also issue all noncommercial traveler a photo identification card at no cost with the words “RSA 382-A:9-109 Exempt” printed on such identification card.  This identification card is not a contract or a license or instrument that would require compelled performance by the holder and shall provide every law enforcement agency with notice of the holder’s exemption from the statutes that are required for the commercial use of the public way for profit or gain.

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III.  The automobile and all noncommercial conveyances are exempt from registration and taxation and the owner of such automobile or noncommercial conveyance are exempt from the requirement of a license that is necessary for commercial use of the public ways.  The owner of the automobile shall be considered to be exercising the common unalienable “Right to Travel on the public right-of-way in the ordinary and lawful pursuit of life, liberty, and the pursuit of happiness.”

What about driver licenses?

*** [MATERIAL OMITTED. ED] 8  License Required.  Amend RSA 263:1, I to read as follows:

  1.  No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state for commercial purposes unless such person has a valid driver’s license, as required under the provisions of this chapter, for the class or type of vehicle being driven.

9  Possession of License.  Amend RSA 263:2 to read as follows:

263:2  Possession of License Required.  Every person driving a motor vehicle for commercial purposes shall have his or her driver’s license upon his or her person or in the vehicle in some easily accessible place and shall display the same on demand of and manually surrender the same into the hands of the demanding officer for the inspection thereof.  No person charged with a violation of this section shall be convicted if, within a period of 48 hours, he or she produces in the office of the arresting officer evidence that he or she held a valid driver’s license which was in effect at the time of his or her arrest.  ***

No more license plate, but noncommercial tag

This bill repeals laws requiring a driver’s license for all non-commercial drivers and the registration requirement for all non-commercial vehicles and conveyances, as well as requires the Department of Safety to issue non-commercial automobile owners a vehicle decal stating the vehicle is exempt from registration and a photo identification card, both at no cost. Vehicles will also no longer require an annual inspection.  Lastly, this bill removes the compliance aspect with the Selective Service Act for those who have authorized the Department to submit information to the Selective Service System.

Cutting state’s cash flow

The changes proposed in this bill would result in revenue reduction due to the elimination of licensing, registration, and inspection requirements, both to the state and local governments.  Based on current registration and licensing data, this bill will have the following estimated impact on state and local revenues:

This graphic shows how much money feeds the law enforcement machinery against private travelers in New Hampshire, and how much will be “lost” if enforcement ceases against private users such as families and individuals.

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One Response

  1. Fred April 11, 2018 Reply

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