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Yeah, if you have an out-of-state tag on your vehicle and it's expired

this motor vehicle code and the tax code?

tax law, that was proven to be futile, so I migrated to state law, motor vehicle code, of course,

It was concentrating and focusing on court rules, state constitution, state law, motor vehicle code,

dude a day, you know, the way you're supposed to do it, and I got to the bottom of the motor vehicle code,

And put plates on it that specifically stated it was a private vehicle and so on and so forth.

I was so convinced that I found the key to the motor vehicle code that I bought, publicvehiculartravel.com, net, org, info, TV, biz, and U.S.

And on publicvehiculartravel.com, I've got a free curriculum, but you can see the main brunt of it right here on jurysinformatics.com on the motor vehicle page,

He used to be King County Sheriff here in Seattle, misinforcing the motor vehicle code against public vehicular travelers.

It's a common right, and that's not a state granted privilege, so I know the motor vehicle code, which is applicable only to a state granted privilege, doesn't concern me.

So on the motor vehicle page on jurysinformatics.com, that's racketeering scheme number two there on the left-hand side, motor vehicle code.

You go on record right now with proof that the common right of public vehicle to travel has been made a privilege granted by the state,

or if you mention the motor vehicle code to me again, I'm going to arrest County Judge Peter Nault, because I don't like him.

He's misinforcing the motor vehicle code, and I have the right under state law to do so.

If you mention the motor vehicle code to me again, from the date of his last traffic ticket that he heard in his court,

Go on record right now with proof I'm wrong, or you leave me alone about the motor vehicle code.

The term highway uses public vehicle travel in the transportation code all over the place, but it never uses the word right.

and the rest of the motor vehicle code doesn't even distract me.

For public vehicle to travel, join me to this.

and I got a couple of cases here that say that the motor vehicle code should be read as a whole

So have you read the motor vehicle code?

In Latvia, several hundred demonstrators smashed police vehicles and broke office windows

really a nice vehicle for retirement accounts.

Operating a motor vehicle, drawing a trailer without a front headlight.

On commercial vehicles.

On commercial vehicles, you have to have something that if the trailer breaks loose from you, it'll set the brakes.

and used a motor vehicle to transport him to another place.

In Austin, they blockade, you know, they block off the roads in Austin so they can have 6th Street unavailable to vehicles.

Vehicle wanted to come through and easily

In the vehicle I can move the vehicle but I did have at least

That the vehicle could have gone through but the

vehicle that was...

the cop vehicle that was set up with

Of the vehicle

because I state in my Corona complaint that the California Motor Vehicle Act does not apply to me when I'm not engaged in commerce

And that's when the municipal code has a code that actually states that it's a right for public vehicle to travel.

I have a driver's license. I have registration on my vehicle.

of a Lemon-Montreya, sorry, search of Lemon-Montreya Johnson after he agreed to get out of a vehicle

quote, wholly unrelated to the purpose of the traffic stop and that no one in the vehicle

Officers at the scene reportedly pulled over the vehicle with suspended insurance and were

after he exited the vehicle without first ensuring that in so doing, she was not permitting

of the vehicle, not the driver.

I noticed a red Corvette run the light going northbound on Main Street and strike a vehicle

I was actually running in a vehicle with my friend and the Portage County Police pulled

them probable cause to search the vehicle? The driver of the vehicle actually had plenty

marijuana? No they did not smell no marijuana. Okay so they just searched the vehicle because

So they didn't have probable cause to search the vehicle did did they ask permission to

search the vehicle? They did I mean they asked if there was any drugs or alcohol in the car

and the driver said no and then they asked if they can search the vehicle and they were

him real hard up beside his head. Always tell them no do not search my vehicle and if they

no authority they not only can they not search your vehicle they can't hold you while they

me on were actually hidden in the passenger side door of the vehicle. Okay good enough.

in the vehicle. So that's not good enough. That's not good enough for probable cause.

he owns the vehicle. It's presumed that what's in the vehicle is his and is in his possession.

vehicle was automatically the driver's possession. Exactly. He could have just picked you up

two blocks back to give you a lift. And had all that stuff on in the vehicle. And you

And they impound your vehicle

My vehicle and put me in jail

I was actually a passenger of a vehicle.

Even though I was parked at the gas station, my boyfriend had been driving the vehicle.

vehicle on private property.

that they recognized the driver of the other vehicle,

The country's car production plunged a record 41% year on year in January, 576,000 vehicles

license is going to be the vehicle, forgive the pun, it's going to be the means by which

and how they wanted to have all train and nobody getting rid of so many vehicles on the road.

So if it malfunctions and it doesn't work on your vehicle, that's okay.

requested by a police officer acting in accordance with vehicle code 23137 or 23157.

I have for a week been trying to track down these two sections of the vehicle code on

able to find these vehicle codes anywhere.

The California vehicle codes?

I can find the vehicle code.

it, and that is that, let's just say this vehicle code section do exist.

And then he said, so you give me consent to search your vehicle?

You know, I go, I have a right to refuse for you to search my vehicle.

something while they were looking in my vehicle.

I want to be able to see you looking at my vehicle to make sure you don't plant anything

I have black leather seats in my vehicle, and it ended up being salt in the seams of

the vehicle that he tried to make me believe he found narcotics and the dog was alerting.

well within my rights to refuse them to search my vehicle.

the vehicle.

him in a nice vehicle that he shouldn't normally supposed to be in.

You'd almost have to have some sort of tape in your vehicle, which they'll find if they

operating a motor vehicle in a public place or a watercraft while intoxicated, dot, dot,

Or whether you're in commerce or not, because the rule 101 of the motor vehicle code states that the title only applies to persons in motor vehicles

Negligent entrustment of a motor vehicle.

letter vehicle title, rule 101, to go to applicability and it says applicability of the title to

vehicles on certain toll roads and parking facilities.

And there's a case that says, let's see, the letter vehicle code must be, the provisions

vehicle on such highways is not a natural right, it is a conditional privilege which

Police men did tow my vehicle and I'm not arguing with that.

Okay, they towed your vehicle?

They just towed my vehicle.

Why did they tow the vehicle?

I mean, they took my vehicle to my house and they charged me for it.

Did they give you opportunity to allow someone else to secure your vehicle?

So they did not give you an opportunity to properly remove your vehicle from the site

to remove his vehicle by, by his own means that would not have cost him any money.

Right, but they didn't give him opportunity to secure his vehicle.

There's no signature from the owner of the vehicle, just, just some guy dropped it off

if they're using the American Association of Motor Vehicle Administrators

the American Motor Vehicle Association to organize

A driver's license is to operate a motor vehicle.

But because it is a legal requirement, if an officer sees you driving a vehicle and then requests your driver's license

And then it gives a specific list of vehicles that that speed limit sign applies to.

because he can't show that the motor vehicle I was operating was one covered under the list.

And generally, the DPS has a place to check whether it's a commercial, whether or not it's a commercial vehicle.

Oh, you're saying that because it doesn't specifically state that the penalty applies to the driver of the vehicle?

I'm saying that the first provision that says no person shall, say no person shall drive any motor vehicle on the highway of the Commonwealth.

This title shall apply to any vehicle or any person operating or owning a vehicle operated on any toll facility controlled by the Department of Transportation or any political subdivision of the Commonwealth.

Forty-six dot two, motor vehicles.

Rule, powers, motor vehicle.

There's no way I could be speeding. I'm in my private automobile. I'm not operating a motor vehicle governed by the speed sign.

Well, these guys cleaned out my pockets and left that running leg on the top of my vehicle after they drove me off. I've still got them talking after I've left the scene.

They towed my vehicle and charged me with not having a license.

It says this title shall apply to any vehicle or any person operating or owning a vehicle operated on any toll facility

They already towed my vehicle and charged me for it.

Yeah, they towed your vehicle without giving you opportunity to secure it.

Doesn't they have evidence that this vehicle was ever owned or operated on a parking facility, a toll facility?

Well, potentially exculpatory evidence. I'm just saying, doesn't they have evidence that this vehicle was ever even operated on a toll facility?

Well, this is just a provision that it's charged out with. It says, that person accepts those expressly, blah, blah, blah, shall drive any motor vehicle on any highway in the Commonwealth until such person applies for a driver's license, blah, blah, blah.

have to have an ignition interlock device on their vehicle?

manslaughter and in cases of felony injury by motorized vehicle.

of the use of the requirement that Ignition Interlock devices be installed in the vehicles

Then you can sue the city because the officer used a motor vehicle in the process of the

I got rid of my other car and I bought a used vehicle.

I've got the title on the vehicle.

public vehicle travel, they need to leave us alone.

of vehicles and travel and this kind of, I just can't wait for somebody to win a right

At what point do you have to give consent for an officer to search your vehicle, or

at what point can he just decide he wants to search your vehicle?

Now they can search that part of the vehicle that you could sit in the driver's seat and

Now, if you're concerned about an officer searching your vehicle, when he asks you to

exit the vehicle, roll up the windows and lock the doors.

I mean, I guess if they arrest you and they impound the vehicle, they can do...

They could take an inventory of everything in the vehicle.

Typically, that term gets folded into the concept of vehicle.

We don't have a vehicle without transportation.

That typically gets folded into motor vehicle.

what was that term you used that wasn't automobile or vehicle or any of that?

Well, that's something that's not a vehicle.

because I am going to demand he produce evidence that I was operating and that I was in a motor vehicle,

So since he can offer no evidence that you were operating or that you were in a motor vehicle,

Especially if he's writing you a speeding ticket, and as we discussed, 201.904 speaks solely to commercial vehicles.

We're going to find out that technically the state is the owner of your vehicle, or they say they do,

Well, the purpose is so that we can actually own our vehicles, so that we can have the real title, not a certificate of title.

I can't find it. I can do with my vehicle. I treat it just like I own it.

You know that you must have, in Texas, they will not register a vehicle unless you present

You have to have a driver's license to register a vehicle?

You could own a vehicle without having a driver's license.

register title, to register certificate of title to the vehicle now.

you cannot register that vehicle in Texas.

One, what is a motor vehicle?

applies to a motor vehicle owned by the state or political subdivision of the state.

a motor vehicle owned by the state or political subdivision of the state.

These are the only vehicles required by law to have a certificate of title.

If you've ever gone down and registered your vehicle, look at the bottom of that little

Right across the bottom it says, must be kept in all commercial vehicles.

But why doesn't it say in all vehicles if it actually applies to all vehicles?

issued by the department for the operation of a motor vehicle.

License means an authorization to operate a motor vehicle that is issued under or granted

to operate a motor vehicle regardless of whether the person holds a driver's license, and a

individual to drive a class of commercial motor vehicle.

Now you'll notice in Texas there's two definitions, there's motor vehicle and there is commercial

motor vehicle.

The commercial motor vehicle specifically uses the terms motor carrier, common carrier,

so on and so forth, where the term for motor vehicle simply stipulates that it is any vehicle

motor vehicle.

Drive means to operate or be in physical control of a motor vehicle.

Now, here is the first encounter with the definition of motor vehicle.

Motor vehicle means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn

The term does not include a vehicle, machine, tractor, trailer, or semi-trailer operate

Now, this particular motor vehicle definition is applicable strictly to the commercial motor

vehicle.

It's not directly related to the motor vehicle the way it's used in other sections of the

as a vehicle to conduct business upon the road.

Even then, I didn't hear anything that addressed operating a motor vehicle.

When you get right down to it, there are only certain types of vehicles that could logically

it again, but it specifically states that whether or not an automobile is a motor vehicle

So a motor vehicle is something that is being used to take it away.

Now, those are the people that would be operating some sort of motor vehicle upon the road,

buying fuel for the purpose of operating a motor vehicle for commercial purposes, you

Passenger car means a motor vehicle designed for carrying 10 or fewer passengers and used

a passenger vehicle because he is charging a fee for you to be in it.

The driver was the one that actually controlled the vehicle while it was being driven for

An operator can be the person that actually owns the business to which the vehicles belong,

private conveyance and restated it as a motor vehicle.

changed the terminology to operating a motor vehicle or driving a motor vehicle.

operating a motor vehicle is a privilege, but traveling upon the roads is an absolute

I fashioned a set of license plates with purple lettering that says private vehicle.

a specific type of motor vehicle, if you don't see me in one of those motor vehicles, then

enforcement vehicles at the end of the trail that the law enforcement was backing up on.

If you get a speeding ticket and you are not operating one of the vehicles listed there

He knows this statute that says that speeding sides only apply to commercial vehicles

And then they also wrote him an unregistered vehicle ticket

you have to go down and buy an ORV sticker, an off-road vehicle sticker.

and it says right on it, off-road vehicle license.

hit us with, and that is the term motor vehicle.

In almost every case in the Transportation Code, the term motor vehicle comes up when

The Texas Supreme Court has held that in common usage, the terms automobile and motor vehicle

The courts have held the term motor vehicle to be different from and broader than the

Common usage has made the phrase motor vehicle a generic term for all classes of self-propelled

vehicles not operating on stationary rails or tracks.

And therefore, as a result, all automobiles are motor vehicles, but the current area proposition

The term motor vehicle is much broader than the word automobile and includes various vehicles

of Motor Vehicle Safety Responsibility Act, a motor vehicle is a self-propelled vehicle

vehicle or a vehicle propelled by electric power from overhead wires and not operated

Basically, there is no set definition of motor vehicle throughout the transportation code.

And what they're telling us here is that the term motor vehicle is used in section 8.6

but that it should be restricted to motor vehicles that are intended for use on a highway.

The passing to and fro of persons, animals, vehicles, or vessels along a route of transportation

that you were operating a passenger vehicle.

The word or the term passenger vehicle is not defined anywhere in any code in Texas

of a vehicle other than the person operating it.

vehicles and so on and so forth.

It applies only to a vehicle that is owned by the state or political subdivision of the

Therefore in that particular chapter according to that definition any vehicle or motor vehicle

vehicle without license plates or with one license plate.

vehicle.

An operator may not drive a vehicle at a speed greater than is reasonable and prudent under

whoever is in control of a motor vehicle.

Now if we go back to what the attorney general letter said a motor vehicle is not synonymous

A motor vehicle according to many, many, many court cases is determined strictly by the

use of that vehicle.

In other words if it's being used in commerce then it can be considered a motor vehicle.

UCC law that if the vehicle is not being used in commerce then it is the equivalent of household

goods because it is not a commercial motor vehicle.

502.407, operational vehicle with expired license plate.

Well once again, I took the state license plates off of my vehicle the day that I got

I put on handmade plates and purple letters that says private vehicle.

There's no mistaking the fact that this is not a vehicle for hire, just as they used

You didn't have to have anything on a farm vehicle like that.

You can do the same with the actual vehicle itself as long as you're using it within 150

for the vehicle expires, the person operates on a public highway during a registration

period a motor vehicle, trailer or semi-trailer that has attached to it a license plate for

Because he's got to try to come up with a way to explain how he made a conclusion of law that you were operating a motor vehicle

So any time a DPS officer acts upon a vehicle that's not involved in a traffic anything, he's acting outside of his jurisdiction

Unless of course that vehicle is in the act of committing harm against someone else or their property

Motor vehicle inspection and safety responsibility and to execute programs supplementing and supporting the proceeding activities

A form prescribed by the department showing the original transfer of a new motor vehicle from the manufacturer to the original purchaser

Now they're not addending any transfers of this vehicle to the microfiche

What happens every time you sell a vehicle to someone else? You have to take the certificate of title, they have to sign the back of it, you take it down, you get a new one issued in your name

They have actually replaced the MCO with a certificate of title. The occupations code says certificate of title is nothing more than an issuance of legal title to show who is the actual lien holder on the vehicle

we actually did not have tags on the vehicle because, you know, when you go to court out

I think you'd be better off trying to make the cop prove you're in a motor vehicle that

You only must maintain financial responsibility insurance if you are operating the motor vehicle

In Texas, you cannot get insurance on your motor vehicle without either a valid permit

You were not operating a motor vehicle on the roads and highways of this state without

What the prosecutor will probably want to say is, well, did you drive the vehicle on

I was just driving in my vehicle, or traveling as it's called now

and I had a passenger in the vehicle with me

and there was two lanes going down into one because of some road construction vehicle on the right-hand side

and my vehicle at the time had a cracked windshield

because I showed him my driving license, the registration for the vehicle which was up to date

and he said you can't move, you can't drive the vehicle

I'm going to go to my friend's house and I'm going to park the vehicle

he said sorry you can't do that so I turned my engine on and he stepped in front of the vehicle

so he's got my expired driver license, he's got one of my insurance dockets and the registration for the vehicle

the owner of any motor vehicle

Applicability, this chapter applies to a motor vehicle

of a motor vehicle.

registration of a motor vehicle can only apply

to the inside of my vehicle.

is go fishing around inside your vehicle

Like, for example, a vehicle or a motor vehicle

and they redefine it like a motor vehicle.

You think a motor vehicle is what you've got

like what Randy's saying, motor vehicle.

about and I typed in motor vehicle only and I come up with 1500 administrative cases on

be that many cases and administrative decisions on the term motor vehicle.

here is do you see a motor vehicle salvage yard?

vehicle was taken off the road, all of a sudden, it...

vehicle salvage yard or motor vehicle truck bangers, it's all automobile and truck salvage

said it is the use to which the vehicle is put, not its composition or design or method

Like I did the search for motor vehicle and come up with 1,471 cases.

his vehicle the year the tattoo on his left forearm his body build the mustache

vehicle at Camp Grafton in the Dakotas South Dakota North Dakota North Dakota

army camp driving an armored armored vehicle next to an explosive ordnance

half the size of what was allegedly used so we're talking two different vehicles

Notice, most of the search and rescue and recovery vehicles and personnel have gone.

rising from some of the vehicles.

It was only from the vehicles across the street.

Now there, you see the scorch marks across the street here, 72 vehicles actually caught

vehicles over 59 were federal plates.

In the hopes that I would not see him in his vehicle

Well, we touched on this the last show when they require you what they, the section they use to tell you that you have to have motor vehicle insurance is Chapter 601 of the Transportation Code,

where it's the Motor Vehicle Safety Responsibility Act.

You cannot get insurance on a motor vehicle without those things. You've got to have at least one of them.

You go down to register your car, which they consider to be the registration of the motor vehicle side of your car.

If you are registering a motor vehicle, we discussed this before.

Okay. Now, another one they love to hit us up on, also a daisy chain statute, deals with the registration of a motor vehicle.

Now, 502 of the transportation code is the chapter that deals with the registration of a motor vehicle.

When you read through that section, very close to the beginning, as you go down through there, it's very easy to spot. It says that a motor vehicle must be registered and then it gives a list of things that it's got to have.

In order to register your vehicle, that is the third thing you need along with that proof of insurance and the driver's license and the Social Security number. This would actually be fourth item.

501.004 specifically states applicability. The certificate of title applies to any motor vehicle owned by the state or a political subdivision of the state.

Then it goes on to say this does not apply to these specific vehicles. But guess what? Too late, cat's out of the bag. All that means is, is that these specific vehicles are ones that's owned by the state or political subdivision of the state.

If it's not owned by them, it doesn't apply anyway. 501.004 has already laid that ground rule. Therefore, 502 that says you must have a certificate of title in order to register a vehicle,

means it's got to be a government owned vehicle to require to be registered because only government owned vehicles can be required to have a certificate of title.

What they've done is the certificate of title has now become the original bill of sale, which is the true title, true owner title to the vehicle in question.

but for now you're going to get to use this legal title right here to say that you are the one that owns this vehicle when in fact all you are is the leasy of the vehicle.

It doesn't change my ownership or my right to hold the title or the original ownership of the vehicle if they give it to someone else without my permission.

Yes, and we're back to terminology. The MCO is sent to Austin on the basis that you purchased a motor vehicle, not a private automobile.

It is sent to them on the basis that you bought that vehicle for the intention of engaging in commerce.

This vehicle is for private use. It is not for commercial use.

you will not charge me a title and registration fee because it will not be sent to the state as a commercial motor vehicle.

If it is not a motor vehicle, there is no sales tax.

It's a daisy chain statute. A license plate is for a motor vehicle.

A motor vehicle must be registered.

The motor vehicle cannot be registered without a certificate of title

unless that motor or because that motor vehicle must be owned by a government entity in order to get a certificate of title.

you're not in a motor vehicle, you don't have to have a certificate of title because it doesn't apply to anyone but the government,

and there is no longer a lien holder, why is it not back in your hand when the vehicle is paid off?

Oh yeah, but that's just for the one vehicle you're speaking of. How many have you owned?

Should it matter? Didn't they charge you the registration fees and all that other stuff every year for every vehicle you've ever bought?

But 201.904 specifically states, the state shall erect speed signs for the purpose of regulating the speed of commercial motor vehicles, semi-trailers, and commercial motor vehicles for the transportation of passengers for higher meaning buses.

As we said in the last review of this, if you've gotten a ticket from a police officer for speeding and you were not in one of those specific motor vehicles, then the officer has committed fraud.

But the fact is that it still applies that the prima facie speed limit is applicable to the posted speed sign, which as we said before we went to break, covers only commercial motor vehicles.

Because as an officer of the law, he should have already known that that speed limit sign didn't apply to you if he could clearly see that you were driving a Toyota Celica and not one of the motor vehicles listed in 201.904.

Right. Which, as we said before, means he knows the difference, which means the moment he writes a non-commercial vehicle, a speeding ticket, he has intentionally committed aggravated perjury.

This deals with vehicle and equipment subject to inspection and re-inspection.

A motor vehicle, trailer, semi-trailer, pole trailer, or mobile home registered in this state must have the following items inspected at an inspection station or by an inspector.

A motor vehicle registered.

So you cannot get the vehicle registered.

Therefore, you cannot get the vehicle inspected because it is not a vehicle required to be registered.

All right, let's go to one other thing here real quick, and that is expired license plates on a vehicle.

Operation of vehicle, Section 502-407, operation of vehicle with expired license plate.

A person commits an offense if, after the fifth working day, after the date the registration for the vehicle expires.

Now, Section 502-408, operation of vehicle with the wrong license plate.

A person commits an offense if the person operates or as the owner permits another to operate on a public highway a motor vehicle that has attached to it a number plate or registration insignia issued for a different vehicle.

Now, notice you have to be operating a motor vehicle that has a license plate belonging to another vehicle in order to commit an offense here.

502-409, wrong, fictitious, altered, or obscured license plate. A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that is assigned to a different motor vehicle, is assigned to the vehicle under any other motor vehicle law other than by the department,

or the name of the state in which the vehicle is registered, has a coating covering protective material or other apparatus that distorts angular visibility or detectability, alters or obscures one half or more of the name of the state in which the vehicle is registered, or alters or obscures the letters or numbers of the license plate number or the color of the plate.

Now let's back up one more. Operation of vehicle without license plate or registration insignia.

502.404. A person commits an offense if the person operates on a public highway during a registration period, a passenger car or commercial motor vehicle that does not display two license plates at the front and rear of the vehicle.

A passenger vehicle would be something such as a taxi, a shuttle bus, anything of that nature, a hired limousine, not your private limousine, but a hired limousine.

Okay, those are passenger vehicles.

It's not commercial. You may be paying the guy to drive it, but that vehicle is not used in commerce.

The vehicle itself is not engaged in commerce upon the roads.

All right. So given that, there's virtually no way for them to lawfully charge an unregistered vehicle with failure to be registered and failure to have a license plate.

The term motor vehicle under insurance is different than the term motor vehicle under rules of the road.

Now, let's deal with section 502.402, operation of unregistered motor vehicle.

A person commits an offense if the person operates a motor vehicle that has not been registered as required by law.

By taking registration off of my private automobile, I have not committed an offense because my private automobile, according to the attorney general, is not a motor vehicle.

So I cannot commit the offense of operation of unregistered motor vehicle because it's not one.

I've got to have a driver's license or I cannot register the vehicle and convert it from a private automobile to a motor vehicle.

While you're on the job at Pizza Hut, you need a driver's license and you better be driving a registered vehicle because you are engaged in commerce.

But he said something that really struck me that when the officer comes into court and testified that he observed the individual driving a motor vehicle at a certain speed,

How did the officer determine that you were driving a motor vehicle?

When the officer begins to testify, we object to the testimony because it is the opinion of the officer that I am driving a motor vehicle that's not a fact that's been established before the court.

If the officer cannot produce evidence of a motor vehicle, then his statement is inadmissible.

He can't produce facts to ground himself that this was a motor vehicle that you were in.

Right. The officer cannot testify that you were driving a motor vehicle.

You can testify that you were operating a vehicle while in commerce, but driving a motor vehicle would be a legal conclusion based on the fact that you were in commerce.

If I am in commerce, if I am a driving a motor vehicle, you must produce evidence that would lead the court to that conclusion.

One employed in conducting a coach, carriage, wagon, or other vehicle with horses, mules, or other animals.

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.

Black's fourth, 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.

Black's sixth, a person actually doing driving whether employed by owner to drive or driving his own vehicle.

The word is interpreted as meaning any occupant of a vehicle other than the person operating it.

The passing to and fro of persons, animals, vehicles or vessels along a route of transportation as along a street, canal, etc.

Driver's license means an authorization issued by the Department for the operation of a motor vehicle.

Now if we go to sub item 6, license means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state.

The term includes a driver's license, the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license and a non-resident's operating privilege.

Now let's look at B there real quick. The privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license.

Now technically speaking if you operate a motor vehicle without a license you have committed a crime.

Because a motor vehicle is involved in commerce and a license is a driver's license authorizing you to engage in that commerce.

Motor vehicle and an occupational license are tied together in commerce. Commerce falls under the regulatory ability of the state.

So if you're being charged with operating a motor vehicle, you need to know what those terms mean, both operating and motor vehicle. And we've got an Attorney General's letter here that Gary Lochte sent me, and it states in very straight-up English

that a motor vehicle and an automobile are not synonymous. They do not mean the same thing. Let me get right here where we can see. The scope of the term motor vehicle in Article 5.01 is not dispositive of the proper basis for the article.

Let me get down to where this is. In sum, to answer your specific questions, the authority may not by rule define the term self-propelled motor vehicle to impose the Article 44.1337 fee on insurance policies other than motor vehicle insurance policies.

Now get what this is saying. It's talking about insurance policies for motor vehicles. Guess what you cannot get for a private automobile. You cannot get an insurance policy for a private automobile because all current insurance policies are for commercial use only.

That's why all the policies ensure a motor vehicle, not an automobile, not a private vehicle, not a personal conveyance, but a motor vehicle.

Commercial driver's license means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.

Now, when you look up the definitions in the Transportation Code for motor vehicle and commercial motor vehicle, they are not the same, though they are extremely similar, the difference here being that one specifically states that it is in commerce

and the other alludes to its possibility of being used for purposes other than commerce. But as this Attorney General letter showed us, it specifically says that the term motor vehicle has a very broad scope.

And it may include all manner of vehicular equipment, but the term automobile has a much narrower scope, and it contains classifications of vehicles that are not motor vehicles.

Now, commercial driver's learner's permit means a commercial driver's license that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011A2B.

Drive means to operate or be in physical control of a motor vehicle. Driver's license has the meaning assigned by Section 521.001, which was what? An occupational license.

Motor vehicle means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by a mechanical power and used on a highway. The term does not include a vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail.

Driver's license means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.

Now, notice, driver's license means any license or privilege to operate a motor vehicle under the laws of the home jurisdiction.

Go all the way back to 1963. The term commercial used to always appear in front of the words motor vehicle, always.

Now the term commercial has been removed, but the term motor vehicle remains. But each revision since 1963 has always had without substantive change, which means even though they removed the term commercial, motor vehicle still means commercial motor vehicle.

Now there's a joke. By eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions. Well, I guess the term commercial in front of motor vehicle was considered to be ineffective.

Brooks versus State 151 Texas Criminal Appellate Court 546 258 Southwest 2nd 317 in 1953 and information charging the driving of a motor vehicle upon a public highway without a driver's license charges no offense, as there is no such license as a driver's license known to the law.

And the last one, W. Lee Hassell versus the State 149 Texas Criminal 333 194 Southwest 2nd 400. There being no such license as a driver's license known to the law, it follows that the information in charging the driving of a motor vehicle upon a highway without such a license charges no offense.

Pay close attention to the terms motor vehicle, operator, driver, so on and so forth within those statutes.

Because, just like here, this charge only works against an operator of a vehicle

Well, he was out there, you know, like calling me for, he wanted to do like a, he wanted to search my vehicle.

Well, if the man on the land is operating a motor vehicle, is he operating the motor vehicle as a corporate entity or a man on the land?

In the case of a motor vehicle, is he licensed as an operator for a motor vehicle?

If he is licensed as an operator for a motor vehicle, is he the man on the land or the corporate entity?

To what use is the vehicle being placed?

Well, from the observations I've made and what I've studied on it, we kind of have to go to the same way that they look at a motor vehicle.

In almost every case I've researched under law, a motor vehicle according to the courts is to be determined by the jury.

Whether or not the vehicle you're in is serving a certain capacity is a question for the jury

because it is the use to which that vehicle is being put that places it in the motor vehicle category.

What I wanted to get to is the definition of motor vehicle.

From the research I've done, motor vehicle, motor, the definition in additionary means it has to be electric.

and it stated there, Gabe, the definition of motor vehicle being like the trolleys and all these kind of things,

But the motor vehicle definition kind of got my gusto there, you might say.

For instance, here in Texas, motor vehicle is basically any self-propelled vehicle with two or more wheels that does not travel upon rails or wires.

But the courts in Texas have also said exactly what I was stating, that whether or not that is a motor vehicle is a jury question

In Texas, there are many different definitions for the term motor vehicle.

that both specifically state that an automobile is not to be considered a motor vehicle.

That's why I was kind of, you kept using the word motor vehicle.

Yeah, observed driving a motor vehicle.

He usually swears that one, you are a person, two, that you are operating, and three, that you were in a motor vehicle.

If you can lock horns with the definitions and declarations made by those three statements, you can unravel most of your transportation or motor vehicle codes to your own conclusion to determine that they're using them incorrectly.

The work he's done on the motor vehicle code is right on the money.

And for those that missed it, I believe I have successfully tied the Texas Business and Commerce Code, the UCC, directly into vehicle registration in Chapter 501 of the Transportation Code.

So when you start going through that and you start looking up what a certificate of title is within the chapters of the Business and Commerce Code, then you start to see that it is a lien instrument that is used to denote commercial activity upon the purchase, sale, or use of a motor vehicle.

Yes. How would you separate the motor vehicle if it was already registered in the county or the state so that it would be operating in commerce?

I mailed them back to, in this case, my car was originally owned by a lady from Louisiana instead of Texas, but I took the plates and scraped everything off of it, mailed the plates back to the Louisiana Department of Motor Vehicles stating that this car was no longer to be considered commercial.

I sent a letter to the Texas Department of Public Safety and to our Department of Motor Vehicles stating exactly the same thing.

So once the officer gets on the stand and says that I am operating a motor vehicle, he has committed perjury under oath for the second time.

Do you think people are able to defend that if they still have their vehicle registered into the state?

Well, again, what the courts say is whether or not it's a motor vehicle is dependent upon its use.

And when they say what, he can produce no evidence that I was operating a motor vehicle.

Yeah, I'd like to go over the motor vehicle thing.

Person, highway, operate. The fourth one in every single case is motor vehicle.

Yes, I am the officer. I observed the defendant operating a motor vehicle in excess of the posted speed limit.

And number three, if it said motor vehicle, that's a commercial use vehicle, what facts and evidence is the officer relying on

to state that you were engaged in commerce in your vehicle?

Motor vehicles.

In North Carolina, revised statutes, we are looking under Chapter 20, Motor Vehicles, Article 1, Section 32B,

regular driver's license, a license to drive a commercial motor vehicle that is exempt from the commercial

driver's license requirements or a noncommercial motor vehicle.

Now you need to find the other parts such as what is a noncommercial motor vehicle versus a commercial motor vehicle.

Yes. In Texas, if you're driving a vehicle in excess of 26,000 pounds gross vehicle weight,

So all the difference is is what weight class of commercial vehicle you're allowed to legally operate.

All right. You also need to be looking at Section 20-51, exempt from registration. Find your so-called vehicle there.

So again, we're going to see, as specified, let's see, the vehicle is operated in violation

vehicles as provided by this section.

The only difference being the weight capacity of the commercial vehicle you're allowed to

including vehicles and street cars, singly or together, while using a highway for the

including vehicles and street cars, singly or together, while using a highway for the

limited to blue vehicles for instance but he is actively enforcing it against every

color vehicle on the road, now this is just a simple example, if you show this officer

There was more than one trooper vehicle there, so they might have radioed around.

methodology. And I'm kind of like more inclined to, you know, keep insurance on my vehicle,

He goes, well, is there any marijuana in the vehicle?

The officer allowed him to drive his vehicle home, only citing him with failure to yield right of way

As long as he wasn't operating a commercial motor vehicle,

I went out to the vehicle and got a gun and came back in

No, they didn't throw anything from him, and he was allowed to drive his vehicle home.

Well, an obligation maybe in this case to not harm somebody else with your motor vehicle.

that you were in fact a driver slash operator of a motor vehicle...

if it's the same in Virginia as it is in Texas, the motor vehicle statutes apply to drivers.

It does say operating a motor vehicle.

Maybe the vehicle is in commerce.

All right, no person shall operate a motor vehicle on the highway.

A motor vehicle.

What proof was presented to show that you were in a motor vehicle

Motor vehicle, private conveyance.

46, that's under motor vehicles.

especially like driver, person, motor vehicle, operate,

for the purpose of vehicle or traffic.

by the Department of Motor Vehicles there?

if you're operating a vehicle in excess of 26,000 GVW and you're hauling or you're hauling commodities interstate

And at this point, I'm driving a vehicle that the inspection and registration just went,

that I don't get pulled over in my secondary vehicle is because it has plates from a state far, far away.

Are they valid plates registered to this vehicle?

To vehicle A?

No, they are for vehicle B.

Yeah, if you got plate A on vehicle B or plate B on vehicle A.

a false tax ID number, which is what that license plate really is, on your vehicle.

Okay. However, the presumption would have to be does your vehicle have to be licensed?

And what this is dealing with is commercial vehicle regulations and enforcement procedures under the Texas Department of Public Safety,

The rules adopted herein are to ensure that, and it goes on to discuss the commercial motor vehicles and so on and so forth.

and we look at what it says, when a property carrying commercial motor vehicle driver at the direction of the motor carrier is traveling

And then right below that, when a passenger carrying commercial motor vehicle driver at the direction of the motor carrier is

Now, basically what that's doing is it's distinguishing between when the driver of this commercial vehicle is actually operating the

vehicle on behalf of the carrier, meaning in commerce, versus when they're actually running empty or just on a return trip with no load

Now, knowing one of these other sections that it's got listed here, it gives a definition of driver and it makes it very clear that a driver is someone that is operating a commercial vehicle.

Well, what they've done in the state definition, take for instance motor vehicle, they have conveniently left out the words that the federal definition almost always uses and that is common carrier.

Certificate of Title Act, 502, Registration of Vehicles, 521, Driver's Licenses, 522, Commercial Driver's Licenses, 543, our favorite section, Randy,

Arrest and Prosecution of Violators, 545, Operation and Movement of Vehicles.

The Section 543.007, Notice to Appear, Commercial Vehicle or License.

The difference between an occupational license and a commercial driver's license is only the capacity and weight and number of axles that the vehicle you're allowed to operate can consist of.

So if you read this for what that's worth, Notice to Appear, Commercial Vehicle or License.

A Notice to Appear issued to the operator of a commercial motor vehicle or holder of a commercial driver's license or commercial driver learner's permit for the violation of a law regulating the operation of vehicles on highways

must contain the information required by Department rule to comply with Chapter 522 and the Federal Commercial Motor Vehicle Safety Act of 1986, Title 49, USC, Section 2701.

The Department may issue a commercial driver's license with endorsements and Sub-Item 1, authorizing the driving of a vehicle transporting hazardous materials subject to the requirements of Title 49 CFR, Part 1572.

And then the rest of these go down, Chapter 548, Chapter 642, Motor Carrier Registration, Identifying Markings on Commercial Motor Vehicles, Compulsory Inspection of Vehicles, Chapter 22, Funding and Federal Aid.

The fact is now license plates are only required for motor vehicles.

But again, it must be a motor vehicle for that to apply.

And you must be a person operating that motor vehicle on a road or highway in this state.

And I don't even find under the seven distinct types of vehicles described anything that even comes close to a regular, what we would say, passenger automobile.

It all has to do with road type, you know, road type work and, you know, line painting, official, you know, capacity type of vehicle.

Eddie was saying something about he suspects this section of the code is about their vehicles.

The inspection and registration has to fall because if you can't register the vehicle,

And if it's not a state-owned vehicle with a certificate of title,

it can't be required to be registered because that's the only vehicle in Texas

Now, of course, there's differences in motor vehicle and automobile and things like that.

But there's, again, going back to what Randy said, the registered owner of the vehicle is considered liable

And it says, except it's provided in subsection B, the registered owner and the operator of a vehicle, when not the same, are both liable to the city for parking violation charge.

Except that the registered owner is not liable if the owner can prove the vehicle was operated without the owner's express or implied consent.

If you're not required to register it, then it cannot be a motor vehicle because a motor vehicle must be registered.

You can't be an operator unless you are in a motor vehicle.

Well, I don't have a motor vehicle.

And notice that it says that if the person is intoxicated while operating a motor vehicle in a public place, doesn't necessarily have to be a road.

It can be operating the motor vehicle while intoxicated in a public place.

And it says authorized vehicles and special operating privileges.

And under that, 15.2, types of authorized vehicles, there is seven types.

The vehicles enumerated, talking about maybe equipped with one or two flashing or revolving yellow lights.

And all of the vehicles.

Are you sure you're not in state vehicles, road equipment or something like that?

which would typically mean their own type of motor vehicle.

Now, if you can't find specific definitions within your motor vehicle code or your transportation code there,

You said the types of authorized vehicles.

Sure, motor vehicle.

Any vehicle propelled by self-contained engines that is licensed to operate on roadways, such as an automobile, truck, van, or motorcycle,

the term excludes railway vehicles and motorized vehicles which do not require licenses.

and station wagons designed for the transportation of human passengers, and commercial vehicles,

commonwealth-owned trucks, vans, ambulances, buses, trailers, and other types of vehicles used for highway transportation.

But for all intents and purposes, just like here in Texas, it's a motor vehicle owned by a state or political subdivision,

No, back at the beginning of what you started with, right after the definition of motor vehicle, blah, blah, blah,

any vehicle required to be licensed?

It doesn't even go for operation of vehicles, and it talks about having to be dressed appropriately,

You know, I think what the vehicle that was first used and what we're seeing is the animal

Speed limit signs apply to commercial motor vehicles, trucks, truck tractors, truck semi-trailers,

and commercial motor vehicles for the transportation of passengers for hire, meaning buses.

Having the license is not the issue, it's the use that you're doing with the vehicle upon the road that makes the difference.

I've gone through, I've looked at the definition of person, motor vehicle, so on and so forth.

It simply means commercial operator, driver, slash commercial motor vehicle.

In fact, the concept of the application of commercial vehicle code is the way it was

to do with commercial code, commercial vehicle code, boom, the amendment goes in and in a

The city of College Station transfers the fine related to this to the driver of the vehicle.

The statute clearly says the owner of the vehicle is responsible.

to preserve the community. They will see an unregistered vehicle on property and, you know,

Now, what happens if the owner doesn't get the vehicle registered is the judge will then issue

a search warrant to tow the vehicle away. And then they'll basically charge the owner

of the vehicle 88 bucks per day plus fines of up to $180 for the initial towing.

goes around and identifies blighted property. And if they see an unregistered motor vehicle,

hey, that's my vehicle, whatever. They decide it's blighted. That's the way it goes.

And the way they get the vehicle off is the judge uses a search warrant.

we want you to go register your vehicle, even though you're not and you own it.

is not at a resolution where you can even read the license plate as the vehicle goes through.

So, most people look at the vehicle and they say, yeah, that's my car. It looks like my car.

against you, notwithstanding the discussion about commercial vehicles. But when they bring the

this session were billed to send the owner of the vehicle to a three to four hour re-education,

If you're the owner of the vehicle?

The owner of the vehicle could be the city has the option. So when the city vehicle gets a ticket,

Well, what they do, if you do not do that, they will not register the vehicle

vehicle on a public street now this never occurred but this was signed under penalty

of perjury and sworn to and put in the record that i was driving a motor vehicle at the

If the person is a resident of or is operating a vehicle license

real estate, stock bonds, securities, cash on hand, jewelry, house, land, motor vehicles.

A bomb tore through a vehicle in Afghanistan Wednesday, killing seven civilians, while

once was California he's been selling or buying vehicles with a fake ID and the

into custody in some way and so I parked my vehicle at a French house around the

write you up for your vehicle being a junk vehicle, your grass too tall.

I went to court with one guy, and I ended up winning on his junk vehicles because, like you said, read what all of the –

What qualifies the vehicle to be a junk vehicle?

None of the things listed there qualify his vehicle as junk vehicles.

and dropped the charges on the junk vehicle.

They came over there and wrote him up a bunch of citations for vehicles in his yard.

pulled over in Corpus Christi by a police officer because he noticed that the vehicle

is required only for state and political subdivision owned vehicles, not private automobiles.

Hence, only state and political owned vehicles can be classified as a motor vehicle that

is required only for the state-owned and political subdivision-owned type of vehicles.

So in that particular instance, when it says motor vehicle required to be registered,

No insurance company in any state of the union will insure an unregistered vehicle, nor will

A bomb tore through a vehicle in Afghanistan Wednesday killing seven civilians, while authorities

I mean, how much money did it cost to pay for two hours plus the dog, after vehicles?

They pulled over the vehicle.

but the officer charged me with driving a motor vehicle.

They took some pictures in his yard of some vehicles that they considered junk vehicles.

which that's an exemption to the junk vehicles.

because we should have never been there to start with as far as his vehicles running,

this automobile this date, this time, this vehicle identification number from this individual

Okay, so if I was driving my personal vehicle, or let's forget about deadheading for now,

to that was a deceptive scheme to force people to register their automobiles as a motor vehicle

The paperwork typically in an automobile transaction is a document called a motor vehicle purchase

It says it's a motor vehicle purchase order.

vehicle purchase which technically puts you in a commercial relationship with the state.

And the second, and it's all done on presumption, the second document is the motor vehicle certificate

it during the sales process, converting it from an automobile to a motor vehicle and

sell a vehicle or an automobile to someone say that's either taking the automobile out

a form that's produced by the motor vehicle department.

which is similar to the form that's used by the Department of Motor Vehicles, and it's

used whenever a motor vehicle is going to be registered either outside of this state

Now, I would change that form because that form says motor vehicle.

to buy an automobile, convert its use to that of a motor vehicle, subject you to the transportation

sales tax collection, vehicle inventory tax collection, registration fees, license tax,

of travel, or we have the public vehicle travel as a matter of right, that's the wording.

Public vehicle travel as a matter of right, that's what the purpose of the highways is.

a license plate and insurance and all that, if you go in there and the vehicle costs $20,000

If he pulls you over, he's likely to arrest you and take you in and impound your vehicle,

but they won't charge you with anything, and they'll release your vehicle, but if you keep

They can still pull you over and impound your vehicle, but they won't press any charges

are doing on the houses. That vehicle inventory tax that every dealer has that they have to

selling price of the vehicle, yet it is on every bill of sale and they're passing their

The CDL says that if you're operating a motor vehicle in excess of 26,000 pounds carrying

It's interesting to note that the various definitions of motor vehicles also seem to

You have the commercial motor vehicle definition, which is 26,000 pounds carrying capacity

or 16 paying passengers, and then you have motor vehicle, which is everything below that.

At the same time, you can't register your vehicle because 501.004 deals with the certificate

a vehicle, says that it applies only to government owned or political subdivision owned motor

vehicles.

Now, that right there, I don't know about you, but that tells me that the only vehicles

No other vehicle is required to have a certificate of title.

Section 502 deals with the registration of vehicles.

So we have two things, one which says it applies only to state owned vehicles, one which you

There's two required elements for registering any vehicle and converting it from private

automobile into a commercial motor vehicle of either one capacity or another.

as a motor vehicle if it is not registered.

Now get that, if the vehicle is not registered, it cannot be classified as a motor vehicle

because the definition of motor vehicle partly contains any vehicle required to be registered

Once it's registered, it becomes a motor vehicle.

vehicle, thus converting it into a commercial motor vehicle for the purposes of generating

Now again, if we go to inspection, only a motor vehicle required to be registered in

cannot be required to register your vehicle because you're not operating it as a commercial

vehicle, therefore no certificate of title, no insurance requirement.

You cannot be made to get insurance for your vehicle because you cannot be made to get

You cannot be required to register your vehicle because again, it applies to a motor vehicle

Therefore, you don't truly own the vehicle if that MSO or MCO is in someone else's possession.

It's very important that if you go down and buy a vehicle that you know where that certificate

501 deals with the certificate of title, 502 deals with registration of motor vehicles,

I'm buying the vehicle from the dealer and I have a right to get equitable title.

The state is using it to presume ownership of your vehicle in such a way as to require

in the vehicle with you guys.

Well, hello, Deborah, Randy, and Eddie. I didn't know it, but my inspection sticker just fell off my vehicle, I guess.

Okay, well, here's the thing, like I was saying, if you've actually gone down and registered the vehicle

because you've gone down and you've registered your vehicle as commercial and the inspection.

It is not a motor vehicle. It is not a commercial vehicle. It is a privately owned road machine.

Okay. When you bought the vehicle, you filled out all the paperwork at the dealership, correct?

I've purchased this vehicle. It's paid for and whatever.

and the identification number of the vehicle and all that.

you've confirmed you intend to use that vehicle in commerce.

need you damaged that man okay if I operate a vehicle myself and why do I

have both commercial motor vehicle and motor vehicle defined. Number 2 under 502.001 states

commercial motor vehicle means a motor vehicle other than a motorcycle designated for the

use primarily to transport property. It goes on now down here where it says motor vehicle.

This is what I found interesting. Motor vehicle means any vehicle that is self-propelled, period.

Everywhere I read a definition for motor vehicle, anywhere else, it refers you to it being a

commercial term that a motor vehicle is used in commerce. But here in this section, number

13 says clearly motor vehicle means a vehicle that is self-propelled.

Everything. Section 502.001, definitions. In this chapter, all terrain vehicles, it

starts off with all terrain vehicles. Let's see, commercial motor vehicles department.

What does it say for commercial motor vehicles?

Commercial motor vehicle means a motor vehicle up. There we go again, up. Damn it.

Well, obviously they're making a distinction between motor vehicle and commercial motor

vehicle.

Right. Under commercial motor vehicle, it says a motor vehicle other than a motorcycle

Okay. That's a commercial motor vehicle?

Yes, that is a commercial motor vehicle.

Motor vehicle is far shorter and far less sweet.

1, 501.021, Certificate of Title A. A motor vehicle certificate of title is an instrument

issued by the department that includes 1, 2, 3, 4, 5 and 6. The number on the vehicle

say it again, number 6. The number on the vehicle's current Texas license plate, if

any. Now, if it does refer to plate, it doesn't state whether it's a farm vehicle or farm

transferor at subsequent sale. 2, the make and model of the vehicle. 3, the body type

of the vehicle. 4, the manual. Wait a minute. You're talking about a VIN number. Yes. Not

a license. Well, no. Down here, number 6, it says, quote, the number on the vehicle's

there are times when there is a vehicle with no plates. Texas exempt plate. That's still

carefully, the crime is going to be operating the motor vehicle without the

vehicle?

It says the statute provides a motor vehicle operator shall use a horn to provide audible warning only.

And he admitted I was in an unidentifiable vehicle, a blue car.

No, I'm in subtitle A, certificates of title and registration of vehicle.

Chapter 502, registration of vehicle.

It clearly defines, quote, commercial motor vehicle, end quote, means, excuse me,

motor vehicle, sorry, commercial motor vehicle means a vehicle other than a motorcycle

Then we scroll down a little further to number 13 and we see motor vehicle means a vehicle

My question, under definition 13 of motor vehicle means a vehicle that is self-propelled.

What's the definition of vehicle in that section?

Remember, it says a motor vehicle is a vehicle.

There's a definition for vehicle in there.

If you're in a motor vehicle, you must have one of the commercial licenses that authorizes you to be

in that motor vehicle and using it upon the roadways, correct?

Therefore, a motor vehicle by relation can only be something engaged in commerce because the license

So if the actual vehicle is not being used in commerce, it does not require the use of a license.

If it does not require the use of a license, then it can't be a motor vehicle because a motor vehicle requires a license.

I found number 24, vehicle, means a device in or by which a person or property is or may be transported.

Now you know what a motor vehicle is.

You don't have privacy in your vehicle

That you're not entitled to privacy in a motor vehicle

In which we're dealing with a motor vehicle

because there were no markings on your vehicle.

be considered a motor vehicle, but that person is not actively engaged in using that vehicle

has sections that define motor vehicle.

to number six and it says the number on a vehicle's current Texas license plate, if

there not to be and it doesn't say anything about farm vehicle or trailer or anything,

tax ID number for a motor vehicle.

That is what it signifies that that vehicle has had the proper taxes paid in order to

That's why it says if any because all vehicles are not motor vehicles that would require

Well, I was thinking, because it's a sound thought, the number on the vehicle's current

Texas license plate, if any, so it's got to be a vehicle as defined in the code.

carriage, wagon, or other vehicle.

Driver, one employed in conducting or operating a coach, carriage, wagon, or other vehicle,

printout was not produced in the cop's vehicle. That was produced somewhere else. I don't

on his computer screen in his vehicle. He did not see that particular printout until

I got pulled over for passing an authorized emergency vehicle.

And the law says on approaching a stationary authorized emergency vehicle, use visual signals that meet requirements, blah, blah, blah, blah, blah, you have to slow down or change lanes.

Pass or passing, use the reference to a vehicle means to overtake and proceed, pass, other vehicle, moving in the same direction as the passing vehicle or to attempt to maneuver.

So it's impossible to pass a stationary vehicle because pass by definition means that the other vehicle is also moving.

That's all Title VII, Vehicles and Traffic, Chapter 545 here in Tennessee.

Well, in the alleged event, was the emergency authorized vehicle, if it even was one, was it stationary or was it in motion?

And when the law says, when the law very clearly says that it's okay to continue on in motion if the emergency vehicle is stationary.

No, and there was no, nor officer present for the two-vehicle stop pulled over.

Well, the statute only applies to a motor vehicle, an emergency vehicle that's still moving.

The definition says has to be moving, but the law says on approaching a stationary authorized emergency vehicle.

Section 545.157, passing authorized emergency vehicle.

On approaching a stationary authorized emergency vehicle.

I don't think the title means squat because they don't use the word passing to define the authorized emergency vehicle.

And the definition of the very definition of the word pass means that the other vehicle has to be in motion.

They cited me for passing an authorized emergency vehicle.

Operation and Movement of Vehicles.

And by definition for that chapter, it has to be a moving vehicle.

Yeah, and it's pretty clear in the statute that they are referencing a stationary emergency vehicle.

We're back to commercial operation of a vehicle again.

And if you come up on an emergency vehicle, the only way you can reduce your speed by 20 miles an hour is like slamming on your brakes.

Which side of the road was your vehicle on?

On my vehicle, I was in the right-hand lane, and the truck was pulled over far right into the grass.

And let's see, an operator, unless otherwise directed, it doesn't address the type of vehicle at all.

And it may embrace also the vehicles and persons engaged in carrying it on.

and if you have a vehicle that's visible to the public and it's not licensed

He was not in a motor vehicle, I'm presuming.

vehicle has to have tags, you know, a fix to the car with...

Were you driving a motor vehicle?

Were you driving a motor vehicle?

Well, according to the state of Florida definition of motor vehicle, yes.

I mean, in terms of motor vehicle, their definition is simply any self-propelled vehicle not operated

It says any vehicle?

Any self-propelled, self-propelled vehicle.

What's the definition of self-propelled vehicle or vehicle?

I mean, that's specifically where there's, I guess, I have to look that up in, well vehicle

and self-propelled device, vehicle and self-propelled, every device in, upon or by which any person

Which was the recent case where they said that the police could not search the vehicle?

Could not search the vehicle?

They can't search the vehicle.

going to slap me through the microphone, the guest to step out of the vehicle for his protection.

And it doesn't say he can go in and then search the vehicle other than a cursory examination

He can order you out of your vehicle, but they use the word may.

class sovereign American is not driving or operating a motor vehicle and is not engaged

must have a commercial driver's license to operate that vehicle he's in it is a

commercial vehicle

Are you driving a commercial vehicle?

Are you in a motor vehicle or a private conveyance?

if he actually physically worked on your vehicle, then he has grounds to file a mechanic's lien.

So, the rules adopted herein are to ensure that a commercial motor vehicle is safely maintained, equipped, loaded, and operated.

The responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely.

The physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely.

Commercial motor vehicle operators are qualified by reason of training and experience to operate the vehicle safely,

and the minimum levels of financial responsibility for motor carriers of property or passengers operating commercial motor vehicles in interstate, foreign, or intrastate commerce is maintained as required.

Now, everything in subitem A deals 100% with commercial activities, commercial insurance, and commercial vehicles for hire.

Subsection 1, the regulations shall be applicable to the following vehicles.

A vehicle or combination of vehicles with an actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds when operating intrastate.

A farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate.

a vehicle designed or used to transport more than 15 passengers, including the driver,

and a vehicle transporting hazardous material requiring a placard. Sub-Item E, a motor carrier

transporting household goods for compensation and intrastate commerce in a vehicle not defined in

Yes, it is, and that includes the operation of any motor vehicle, let 26,000 pounds or less,

common carriers and other specific types of commercial motor vehicles.

644 is commercial motor vehicle safety standards. Now, you're going to see why that chapter is very

stop, enter, or detain on a highway or at a port of entry a motor vehicle that is subject to Texas

detain at a commercial motor vehicle inspection site or at a port of entry a motor vehicle that

may prohibit the further operation of a vehicle on a highway or at a port of entry if the

vehicle or operator of the vehicle is in violation of Texas Transportation Code Chapter 522.

vehicle or operator out of service using the North American Standard Out-of-Service Criteria

within the municipality a motor vehicle subject to Texas Transportation Code Chapter 644.

enter, or detain vehicles, motor vehicles, that are subject to Texas Transportation Code Chapter

of municipalities that can stop a motor vehicle subject to Chapter 644. A municipality with a

consider stopping a vehicle on the highway. And not only that, the requirement is that even if all

of the positional criteria for the city is met, the officer still can only stop a motor vehicle

subject to Chapter 644. It's the only type of vehicle authorized in the rules.

a motor vehicle subject to Texas Transportation Code Chapter 644. Again, the exact same vehicle

have a county population of more than 2.2 million and they stop a motor vehicle of any kind,

only stop a commercial motor vehicle that is subject to Chapter 644.

a motor vehicle subject to Texas Transportation Code Chapter 644. All right. That's it for the

distinction on a constable's availability to stop a motor vehicle. The only thing the constable

is required to meet is that it is a motor vehicle subject to Chapter 644. So, that tells me that in

vehicle on a highway or at a port of entry within the municipality or county if the vehicle or

operator of the vehicle is in violation of Texas Transportation Code Chapter 522, the commercial

The second thing he has not produced is any type of evidence to show that your vehicle is subject

not waive immunity unless they have caused harm via a motor vehicle? Yes. Yes. Okay. Guess what?

But the thing was, is they were stopping vehicles that were clearly private in nature and not DOT.

And if it's not in there, search your department of motor vehicle code, whatever that may

I told him I did not consent to searching my person or my vehicle.

You can't do anything dealing with a commercial vehicle without that license.

In 1996, the law they enacted is called the Motor Vehicle Safety Responsibility Act.

However, the key to that is the fact of what a motor vehicle is, and a motor vehicle is

a commercial vehicle.

a business or a CDL for a large-scale commercial vehicle or passenger vehicle, you have no

You can go down to the Texas Department of Motor Vehicles, pay them 10 bucks and they'll

Now 521 is where the occupational license is defined, 601 is Motor Vehicle Responsibility

disability, you needed to drive a commercial motor vehicle or the judge thinks you do not

That's one and the causing an injury while operating a motorized vehicle.

The program, which allows buyers up to $4,500 if they trade in gas-scuzzling vehicles for

I've received a earnings withholding order, vehicle registration collection.

And it comes from the state of California, franchise tax board, vehicle registration collection.

to collect a delinquent vehicle registration debt owed to the Department of Motor Vehicles.

They're sending it to them for collection for vehicle registration.

I'm not registering this vehicle anymore. I'm not required. It's my personal car.

Yeah, it doesn't have a name. It just comes – it just says it's a court order vehicle collection.

It's a letter from the state of California Franchise Tax Board Vehicle Registration Collections Department.

it shall be further known that this is now a tax and they list vehicle registration.

And vehicle registration is now known as a tax.

$300 to register a vehicle?

Truck – I don't know how it is in Texas, but a truck in California, even if it's your personal vehicle not used for work,

you have to license it as a commercial vehicle if you want to put groceries in the back to drive it and bring them home.

I mean, because what if somebody has no intentions of re-registering the vehicle?

What if they're just going to sit there, let the vehicle sit there and turn it into a piece of art?

say, if they agreed that they are going to register the vehicle again or say they wrote a hot check for the registration.

They don't register their vehicles anymore because they have the right to travel and that is, you know, and so how can they force you?

And this is the first one I've gotten under the vehicle registration.

To sue the state of California, the Department of Motor Vehicles?

Yeah. Who's the person or group of people that has suddenly decided that vehicle registration is to fall under this code as something that they can garnish as a tax?

Vehicle use tax and registration.

vehicle code definitions page up right now, and I don't see anything under registration.

by the department as the owner of a vehicle.

vehicle off the road.

owner of the vehicle anyway, they are, and they can tell you what to do.

In that regard, I purchased an automobile or a vehicle and I paid 30,000 bucks for it,

vehicle then the state's saying that they own it?

And so they have ultimate control over your vehicle and that's why they can demand that,

to be traveling in this vehicle.

you said that regarding the commercial aspect of driving or operating a vehicle, you said

vehicle, he is testifying to a conclusion because he has assumed facts, not an evidence

a conclusion because driving is a special condition of operating a motor vehicle, right?

So he claims that he observed you operating the vehicle in commerce, but he hasn't presented

It says, a driver is a person who drives or is in actual physical control of a vehicle.

The term driver does not include the tillerman or other person, well, anyway, so vehicle.

A vehicle is a device by which any person or property may be propelled, moved, or drawn

I mean, when he's traveling to go see grandma with the kids in his own private vehicle,

But I was going to ask you is the vehicle in question registered for commercial purposes or is it yours?

And you were in what automobile when you got it in my my vehicle. Okay, who wrote it?

Okay, first things first is it is statutorily impossible for anybody to speed in their private vehicle in the state of texas?

We have millions of dollars worth of software and computer-assisted training, vehicles and

But my opinion is this is going to be one of the greatest wealth vehicles of the next decade.

I'm not looking to buy put options to use as a vehicle to earn income, okay?

According to this taximony, structural error must be corrected regardless of their effect on the trial because they violate basic protections without which a criminal trial cannot reliably serve its function as a vehicle for determination of guilt or innocence.

and personal knowledge that the all caps person wasn't driving that vehicle

Okay, if you are prepared to attest that you weren't driving the vehicle,

and does believe that you were driving this vehicle.

because you know you weren't driving the vehicle.

that you can testify that you weren't driving the vehicle at the time.

He got it with a 12 gauge shotgun at point blank range in his vehicle and he was found in the parking lot of the church in downtown Oklahoma City.

The ATF and the Oklahoma County sheriffs in tandem were doing random vehicle checks just to see if they could.

land. Right. He was in a vehicle off federal land on, I think it was Frontage Road and

one Terry was anemic and the amount of blood that was lost in the vehicle, he would have

about how much blood was there in that vehicle Ford probe and it was soaked, it was just

It's like blowing up mud. It will do nothing except make a mess in the vehicle that you have.

And another glaring inconsistency is this. All of you, all of the listeners I'm sure are aware that the FBI said the way they were able to locate McVeigh was from when the vehicle,

the writer truck was blown up. They got some information from the rear axle of the vehicle.

Now, I think they said originally it was a VIN, a vehicle identification number.

And all of us that own vehicles know that where the VIN number is printed on your vehicle, it's in the left windshield on the dashboard.

And no vehicle manufacturing this country has a VIN or a vehicle identification number on the rear axle.

vehicle in violation of the post speed limit. And you think you know what the officers are saying,

vehicle, it assumes facts not in evidence and calls for conclusions. First he has to,

A driver is someone who operates a motor vehicle in commerce. And we do have Eddie back by the way.

in physical control or legal control of the motor vehicle. Now, why is that particular definition

automobile or are you in a motor vehicle? Only if you're in a motor vehicle, can you be a driver or

vehicle. So, when you get to looking at what a motor vehicle is, now where your commercial tie-in

comes in, a motor vehicle by definition is only one being used for the purpose of business upon

There are many definitions in the transportation code for motor vehicle, but if you look at them

carefully, you will find that in almost every instance, motor vehicle is a compound definition,

meaning it is comprised of the definition of vehicle in conjunction with some slight

alteration of the meaning. For instance, vehicle in a couple of locations is defined as a vehicle

Vehicle is a vehicle that is self-propelled, but a motor vehicle is a vehicle whose purpose or

term you're looking for. In this case, which one do you want, Randy, motor vehicle or passenger?

The motor vehicle.

Okay. If you want to find the term motor vehicle, there are two ways to search for so that you're

sure you've covered both your bases. Inside of double quotes, you will put motor vehicle means.

And then you will also do a search motor vehicle includes. That will cover both ways that they set

Or isn't. Person includes is just like motor vehicle includes. It is illustrative of a grouping

pool is where all the definitions that come with motor vehicle means or person means will draw

talking about on the definition there. For the motor vehicle, once you do the includes versus

vehicle in excess of the speed limits, say, the objection calls for conclusion. It assumes facts

The same thing goes with the government. The Department of Motor Vehicles is a good example.

I went to the Department of Motor Vehicles. You guys probably know how it is.

That's mandatory on almost any vehicle these days. They're recording it some way, somehow.

as probable cause to take away this man's liberty and detain him and search his vehicle. We cannot allow this in our society, period.

Step out of the vehicle now, otherwise I'm going to take you to jail.

And I got out of the vehicle, and he proceeded to ask me a bunch of questions.

Actually searched me and put me in the in the police vehicle and that police officer transported me to the Bell County jail.

Well, she was in the vehicle.

What vehicle?

please be advised that you must still possess a valid driver's license whenever you operate a motor vehicle on the public roads

Any vehicle you operate on public roads must be also registered or face civil monetary penalty of $160.

Well, actually, no. He said operate a motor vehicle.

No, the second thing he said, if I'm listening to him correctly, is any other vehicle you operate on the road,

It addresses motor vehicle the first time and says any vehicle the second time?

Yeah, it says any vehicle you operate on public roads must also be registered or face a civil monetary penalty.

And that is exactly contradiction in law because the law stipulates that only a motor vehicle must be registered, not any vehicle.

But basically send them, or write, like you said, a decal. This is my decal how you will recognize my vehicle when I,

it it does i i found that there's a box up here says commercial vehicle yes and it's not checked

okay well irregardless non-commercial vehicle first place to look section 201.904 texas

commercial motor vehicle has nothing to do with a private automobile chapter uh 545 deals with

vehicle nor did you cause anyone else to lose control of theirs and you didn't affect or damage

okay yeah uh this was very light traffic uh dry roads and i was just passing another vehicle i

that the speed limit set for commercial motor vehicles on this stretch of road is this now that

it out black letter law it is only relevant to commercial motor vehicles and nothing else

In Mogadishu, suicide attackers used vehicles with UN logos to carry out a deadly double

All right. Mark, when the adjuster goes to settle on your vehicle, anything that you

want the $750. If you had to pay sales tax on the vehicle and they�re refunding some

the injury by motor vehicle proposition that we talk about from time to time. It�s actually

Well, it�s not just simply a matter of that the vehicle itself caused you an injury of

But okay, I want to get to the� I want that vehicle to take away their subject matter

a motor vehicle because they took you to the jail instead of the magistrate where they

motor vehicle claim. So the other thing these books are making very clear is you must be

a vehicle, you�re saying? Well, they could have a wreck and that would

be a cause of an injury, the use of the motorized vehicle. They could run over you. They could

the vehicle because what I was thinking is that with the handcuffs, because they pretty

But that would be directly associated with the vehicle though?

the jail runs and tailgates every vehicle on the street, slams his brakes on and causes

motor vehicle because he drove like he was at an Indy race rather than just trying to

Bravo Company arrived with 24 strikers, 8-wheel combat vehicles outfitted with high-tech communications

Bravo Company arrived with 24 strikers and wheeled combat vehicles

So she had her vehicle totaled, the other people had their vehicle totaled, and she walked away,

You know, I look at this and I look at the person I was on September 10th when my vehicle, I wasn't driving, but when my vehicle was photographed going through that intersection.

What if you registered your vehicle or signed your vehicle over to a common law trust that had no tax ID number,

There's still going to be an identification number if you register the vehicle,

The owner of the vehicle is liable for the civil violation, not the driver.

So if the vehicle is owned by a trust, who do they summon to court?

The law in the administrative code specifically says that the DPS can stop a motor vehicle entering or exiting a port or on any highway that is in violation of Article 6.41 or 04 of the Texas Transportation Code, which deals strictly and entirely with commercial activity.

In September 10th of 2008, my vehicle was photographed going through an intersection

And then the second lowest was concerning taxes and motor vehicle complaints.

I mean, that's just the way I'm looking at it, be it with mortgages, be it with, you know, tax cases, be it with the motor vehicle code.

An unknown entity has issued an alleged ticket to a vehicle that I own but was also allegedly

driving on a particular day and time and that this vehicle allegedly passed through a light

So they have alleged that you were operating the vehicle or did they only alleged that

the vehicle was operated?

So they take a photograph of your vehicle and whether or not they can recognize the

human being in the vehicle, you are judged criminally liable.

So they're using the statement of your documentation in the motor vehicle records against you.

Wait a minute. Were you driving a commercial vehicle?

then, did then and there unlawfully operate a motor vehicle on a public roadway to wit, and then the actual, the actual physical address he pulled me over and says,

did occupy the front seat of the motor vehicle as a driver and was not secured by the safety belt.

I know all of the definitions that you're going to go for with motor vehicle and operating.

A person commits an offense if the person is at least 15 years of age, is riding in the front seat of a passenger vehicle while the vehicle is being operated,

A person commits an offense if the person operates a passenger vehicle that is equipped with safety belts

to ride in the vehicle without requiring the child to be secured by a safety belt, okay?

You see, the problem here is, one, you're not the person operating a passenger vehicle.

In-law passenger vehicle would be a taxicab, shuttle bus, so on and so forth.

A passenger vehicle is a vehicle that is used for commercial transportation.

did then and there unwillfully, I mean, unlawfully operate a motor vehicle on the public roadway.

If you read this complaint, I did not unlawfully operate a motor vehicle upon a public roadway.

The charge is simply that I was operating a motor vehicle without a safety belt.

But if they're saying I unlawfully operated a motor vehicle...

You're talking about the card that allegedly takes your vehicle

and transfers it from a motor vehicle to something else?

I pretty much put them on notice that I was driving a private vehicle.

The Pentagon pays an average of $400 to put a gallon of fuel into a combat vehicle or aircraft in Afghanistan.

You can only be charged with a DUI if you are operating a motor vehicle with a commercial driver's license

As I've already shown, that's the only kind of license in existence in Texas for motor vehicles, is a commercial driver's license

And unless you are actually using that license and that vehicle for the purpose of commerce

And they ought to know this because it says very specifically, operating a motor vehicle while under the influence

And I'm doing it in the opposite direction of a motor vehicle and I know I need to get my definitions

But essentially what I'm looking at is the fact that we're looking at a motor vehicle being a commercial instrument

Including that you are the person, you were in a motor vehicle

The instruction permit is meant to allow someone to operate a motor vehicle while an actually fully

licensed driver sits in the front seat with them while they're learning to operate this motor vehicle.

the issuance of anything remotely related to the operation of a motor vehicle, the only license in

Chapter 521 specifically states that a judge may not issue an occupational license in place of or for the person to operate a commercial motor vehicle as defined in Chapter 522.

that a private motor vehicle must obtain a certificate of title and register.

So in terms of both the speeding and the citation, it comes down to the definitions of operation, motor vehicle, and then of course for the speed.

The registration of a motor vehicle or mobile home.

First off, did you find the definition of motor vehicle?

Let me see and I'll tell you if I have that here because I've looked in several places and I could not find specifically motor vehicle.

I think I found vehicle.

What's the definition of vehicle?

Because here it says a vehicle shall not be operated on the roads, not a motor vehicle, but a vehicle.

So what's the definition of vehicle and is it from this chapter or another chapter?

It may be different under registration, but vehicle means every device in upon or by which any person or property is or may be transported or drawn.

Drawn simply means towed, in other words, a trailer or some other type of vehicle being drawn by the power of another.

Now, in this, motor vehicle means any self-propelled vehicle, including a motor vehicle combination not operated upon rails or guideway, excluding vehicles moved solely by human power, blah, blah, blah.

So motor vehicle in this chapter is a compound definition just like it is here in Texas.

It relies upon the definition of vehicle to make its own.

And the definition of vehicle contains the term transported, passengers, or property.

I was not operating a motor vehicle as those terms are defined within this code.

But anyway, the definition of vehicle in transport, which before the show I found it too,

No, I don't. I have to be in a motor vehicle to use motor fuels.

No. If you actually look at the statutes on gasoline, it specifically tells you that those that are not using the vehicle in which the gas is placed for the purpose of commerce,

Therefore, the state is very, very aware of the distinction between the use of a non-commercial and a commercial vehicle.

Okay. You're talking revenue from kickbacks on the insurance policy for every single policy plus every single insured motor vehicle.

The state collects the money on everything that you pay for a vehicle,

What about your vehicle looks suspicious?

and authorities are, including the authority to regulate commercial vehicle traffic and

specific types of vehicles that are susceptible to the rules under one chapter of the transportation

Did you get the number of the vehicle

driving a commercial motor vehicle

the description of the vehicle, it should have

So Pat just informed us on the break that they turned his vehicle inside out with a

use your own best judgment of how to operate your vehicle or maybe not operate may not

And so now you've got 150 mile an hour vehicle, uh, zooming up on the roadway, uh, behind

another vehicle that's going less than half its speed. And that is a dangerous situation.

I don't own the vehicle. The state does on the MCO. So I don't own the vehicle anyway.

Could have got their explosive-laden vehicles past multiple checkpoints

explosive-laden vehicles past multiple checkpoints.

And then finally, what was the last kind of vehicle they could pull over and

One subject of Chapter 644, which is the Commercial Motor Vehicle Safety Act

What it turned into instead was a vehicle for enslavement.