Police chief David Roddy deals with members of the public at an event at Unum insurance. Mr. Roddy and Mayor Andy Berke are under administrative notice about the limits of police transportation enforcement powers against people using cars, trucks and motorbikes on Chattanooga streets, boulevards, roads and freeways. (Photo CPD)
By notorious publication in a newspaper of general circulation in the Chattanooga area, all parties interested in transportation administrative notice Tennessee have received double notice of the state of Tennessee law.
By David Tulis / 92.7 NoogaRadio
By a classified legal ad that ran four weeks in the Chattanooga Times Free Press, I hope to secure another element of my courtroom-friendly legal defense against traffic tickets and traffic harassment that are prosecuted outside the scope of the law at Tenn. Code Ann. § Title 55.
At least one person in Chattanooga travel under administrative notice and will resist all attempts to connect him with commercial activity. He travels by right pursuant to the law — as restated in TAN.
My goal in the transportation administrative notice project is that oppressed travel freely in jurisdictions that have been put on notice, with TAN acting as an umbrella of protection against false claims by cops operating outside their subject matter jurisdiction, which they do in all cases not involving a trucker, shipper, carrier or commercial user such as a dump truck operator, cabbie or ambulance or wrecker driver.
I received from Jim Stevens at the classified department the following affidavit. It affirms that the newspaper published in four editions and also online the 80-word notice about TAN.
Under the doctrine of notice, no actor in the Chattanooga area can deny knowing about Transportation Administrative Notice Tennessee even if I have not personally served it on him.
TAN prevents a state actor from denying that he knows about the transportation law’s limited scope. Among incorporated area parties only Soddy-Daisy and Collegedale have not been notified.
The classified ad is verifiable and usable in court. Any traveler in Tennessee who is facing a traffic charge, I suggest, is able to say that he is not involved in transportation and that the department which arrested or charged him is acting outside the scope of its legal authority and in bad faith, as is Neal Pinkston, the district attorney, who also is under administrative notice as to the limits of the subject matter jurisdiction of Title 55.
That defense is possible at any time and anywhere, but may prove efficacious in jurisdictions under notice. A defense would include several parts, including TAN itself.
Times Free Press affidavit of publication