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	<title>Comments for USATravelTalk.com</title>
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	<description>Travel The USA Blog</description>
	<pubDate>Sat, 04 Feb 2012 04:20:48 +0000</pubDate>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by honeybeejim</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1276</link>
		<dc:creator>honeybeejim</dc:creator>
		<pubDate>Thu, 20 Jan 2011 13:05:33 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1276</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


once you sign your name for your drivers license you give up all other rights</description>
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<p>once you sign your name for your drivers license you give up all other rights</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by Amy S</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1275</link>
		<dc:creator>Amy S</dc:creator>
		<pubDate>Mon, 17 Jan 2011 15:02:26 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1275</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


Something's wrong with your analysis of the words "use of the highway"....   It simply means that, within the United States, we have the freedom to travel across state lines and along the roadways without fear of being stopped and asked for passports, or ID if we're from another state... or country, for that matter.  I says absolutely NOTHING about anybody having the RIGHT to operate a motor vehicle...   That's a privilege granted by each State's Motor Vehicles Division, in accordance with their Vehicle Code, and given to those who meet the criteria to drive.</description>
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<p>Something&#8217;s wrong with your analysis of the words &#8220;use of the highway&#8221;&#8230;.   It simply means that, within the United States, we have the freedom to travel across state lines and along the roadways without fear of being stopped and asked for passports, or ID if we&#8217;re from another state&#8230; or country, for that matter.  I says absolutely NOTHING about anybody having the RIGHT to operate a motor vehicle&#8230;   That&#8217;s a privilege granted by each State&#8217;s Motor Vehicles Division, in accordance with their Vehicle Code, and given to those who meet the criteria to drive.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by Logic316</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1274</link>
		<dc:creator>Logic316</dc:creator>
		<pubDate>Sun, 16 Jan 2011 19:57:28 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1274</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


It seems like you've recently been surfing to some of those anti-government "sovereign citizen" websites. Let me guess, you probably also think all income taxes are unconstitutional and there's some secret scheme to get out of paying the IRS? OK, I digress. Driving is a responsibility that is properly regulated in accordance with public safety, although I have to admit I do see some hypocrisy in referring to driving as a "privilege". You need to have a license to own a firearm and keep it registered and there are many things that can disqualify you from owning a gun, yet the government doesn't refer to that as a privilege but a Constitutional right. And in most places in the U.S. a car is an absolute necessity just to live, especially if you live in a rural area where there is no public transportation. If you don't have a car, then you simply don't have a job. To me, the term "privilege" implies that it's some kind of luxury that one can do without. Owning and driving a Mercedes-Benz is a privilege. Driving a rusty beaten-up Honda Civic is not. If you live in the middle of a metropolitan area like Manhattan, then perhaps you can prosper without a car. Anywhere else, I don't think so. It's not like most people can ride a bicycle anywhere they need to go, and it's illegal nowadays to ride a horse on a public street. So unless the government gets off it's @ss and significantly improves public transportation, then drivers (who pay the vast majority of taxes) shouldn't be treated as if they're only driving at the whim of the all-friggin-mighty state.</description>
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<p>It seems like you&#8217;ve recently been surfing to some of those anti-government &#8220;sovereign citizen&#8221; websites. Let me guess, you probably also think all income taxes are unconstitutional and there&#8217;s some secret scheme to get out of paying the IRS? OK, I digress. Driving is a responsibility that is properly regulated in accordance with public safety, although I have to admit I do see some hypocrisy in referring to driving as a &#8220;privilege&#8221;. You need to have a license to own a firearm and keep it registered and there are many things that can disqualify you from owning a gun, yet the government doesn&#8217;t refer to that as a privilege but a Constitutional right. And in most places in the U.S. a car is an absolute necessity just to live, especially if you live in a rural area where there is no public transportation. If you don&#8217;t have a car, then you simply don&#8217;t have a job. To me, the term &#8220;privilege&#8221; implies that it&#8217;s some kind of luxury that one can do without. Owning and driving a Mercedes-Benz is a privilege. Driving a rusty beaten-up Honda Civic is not. If you live in the middle of a metropolitan area like Manhattan, then perhaps you can prosper without a car. Anywhere else, I don&#8217;t think so. It&#8217;s not like most people can ride a bicycle anywhere they need to go, and it&#8217;s illegal nowadays to ride a horse on a public street. So unless the government gets off it&#8217;s @ss and significantly improves public transportation, then drivers (who pay the vast majority of taxes) shouldn&#8217;t be treated as if they&#8217;re only driving at the whim of the all-friggin-mighty state.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by sensible_man</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1273</link>
		<dc:creator>sensible_man</dc:creator>
		<pubDate>Fri, 14 Jan 2011 07:57:43 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1273</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


Prove it. There is nowhere in the Constitution that guarantees you can drive on the highways. Feel free to ride a bike though to get where you are going.</description>
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<p>Prove it. There is nowhere in the Constitution that guarantees you can drive on the highways. Feel free to ride a bike though to get where you are going.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by shdwkat2099</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1272</link>
		<dc:creator>shdwkat2099</dc:creator>
		<pubDate>Tue, 11 Jan 2011 00:56:43 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1272</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


WOW! Your are much better than the average man at reading between the lines. 
What Constitution have you been reading?

As a matter of FACT and not your own delusional fantasy, you do not have a RIGHT to drive. 
Try reading the U.S. Constitution some time bucko.</description>
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<p>WOW! Your are much better than the average man at reading between the lines.<br />
What Constitution have you been reading?</p>
<p>As a matter of FACT and not your own delusional fantasy, you do not have a RIGHT to drive.<br />
Try reading the U.S. Constitution some time bucko.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by tj</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1271</link>
		<dc:creator>tj</dc:creator>
		<pubDate>Sat, 08 Jan 2011 21:02:52 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1271</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


Good question. 
The right to travel is one of those 'silent rights' protected by the Ninth amendment which can not be 'disparaged'. You are correct technically. Only driving in commercial capacity ("for gain") can rightfully be regulated, with little exception.

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

"...[F]or while a Citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain. For the latter purposes no person has a vested right to use the highways of the state, but is a mere privilege or license which the legislature may grant or withhold at its discretion....  See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention

 It looks like the page you linked to references much of the case law regarding this, though I just glanced at it. 

Officer Jack McLamb ( ) even addressed this in an issue of the Aid &#038; Abet newsletter reprinted here (among other places):

Although with the ignorance and apathy of the general public along with how much money the State brings, the current practices and opinion of many courts isn't likely to change back to the constitutionally correct way it used to be anytime soon. Not many people have the time/inclination and legal knowledge/resources to 'fight the system' on this and many of those that have tried have lost. But this is not a simple issue and involves the bigger picture that includes the 'nanny state' philosophy thing.</description>
		<content:encoded><![CDATA[<p><a href=""></a></p>
<p>Good question.<br />
The right to travel is one of those &#8217;silent rights&#8217; protected by the Ninth amendment which can not be &#8216;disparaged&#8217;. You are correct technically. Only driving in commercial capacity (&#8221;for gain&#8221;) can rightfully be regulated, with little exception.</p>
<p>&#8220;The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness.&#8221; Thompson v. Smith, 154 SE 579.</p>
<p>&#8220;&#8230;[F]or while a Citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain. For the latter purposes no person has a vested right to use the highways of the state, but is a mere privilege or license which the legislature may grant or withhold at its discretion&#8230;.  See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention</p>
<p> It looks like the page you linked to references much of the case law regarding this, though I just glanced at it. </p>
<p>Officer Jack McLamb ( ) even addressed this in an issue of the Aid &#038; Abet newsletter reprinted here (among other places):</p>
<p>Although with the ignorance and apathy of the general public along with how much money the State brings, the current practices and opinion of many courts isn&#8217;t likely to change back to the constitutionally correct way it used to be anytime soon. Not many people have the time/inclination and legal knowledge/resources to &#8216;fight the system&#8217; on this and many of those that have tried have lost. But this is not a simple issue and involves the bigger picture that includes the &#8216;nanny state&#8217; philosophy thing.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by wuxxler</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1270</link>
		<dc:creator>wuxxler</dc:creator>
		<pubDate>Sat, 08 Jan 2011 17:45:17 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1270</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


By your logic, air travel is also a right, and yet private companies still charge for tickets.  What's up with that?

You do absolutely have the right to get into your car and drive anywhere you desire - without a license, without being a certain age, without having to obey any traffic laws - as long as you never leave your own private property.  Once you get out on public roads, however, you must obey the rules and regulations that govern them, including getting a driver's license as evidence of your ability to operate a motor vehicle safely.</description>
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<p>By your logic, air travel is also a right, and yet private companies still charge for tickets.  What&#8217;s up with that?</p>
<p>You do absolutely have the right to get into your car and drive anywhere you desire - without a license, without being a certain age, without having to obey any traffic laws - as long as you never leave your own private property.  Once you get out on public roads, however, you must obey the rules and regulations that govern them, including getting a driver&#8217;s license as evidence of your ability to operate a motor vehicle safely.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by eagle6014</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1269</link>
		<dc:creator>eagle6014</dc:creator>
		<pubDate>Wed, 05 Jan 2011 06:05:46 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1269</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


You don't have to drive. You can walk all damn day for all I care. You can walk from state to state, city to city, house to house. You can ride a horse. You can ride it here and there. You can run from place to place. That is your right. Drive? You have to earn that right. Get a license and shut your damn mouth.</description>
		<content:encoded><![CDATA[<p><a href=""></a></p>
<p>You don&#8217;t have to drive. You can walk all damn day for all I care. You can walk from state to state, city to city, house to house. You can ride a horse. You can ride it here and there. You can run from place to place. That is your right. Drive? You have to earn that right. Get a license and shut your damn mouth.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by Josh</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1268</link>
		<dc:creator>Josh</dc:creator>
		<pubDate>Tue, 04 Jan 2011 15:29:09 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1268</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


You are a moron.  The Constitution was written in 1776, the first car was not invented until 1896, 120 years later.  Driving IS a privilege, it is NOT your right, and it CAN be taken away from you.  Get off your soapbox and earn your PRIVILEGES like the the rest of us.  By the way, don't ever rely on information from a .com website.  Want to cite something?  Use .org, .gov, .edu, .net etc.</description>
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<p>You are a moron.  The Constitution was written in 1776, the first car was not invented until 1896, 120 years later.  Driving IS a privilege, it is NOT your right, and it CAN be taken away from you.  Get off your soapbox and earn your PRIVILEGES like the the rest of us.  By the way, don&#8217;t ever rely on information from a .com website.  Want to cite something?  Use .org, .gov, .edu, .net etc.</p>
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		<title>Comment on how is it that States can tell you driving is a privilege and not a right and not get sued? by TFMN</title>
		<link>http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/comment-page-1/#comment-1267</link>
		<dc:creator>TFMN</dc:creator>
		<pubDate>Mon, 03 Jan 2011 10:00:23 +0000</pubDate>
		<guid isPermaLink="false">http://usatraveltalk.com/usa-travel/how-is-it-that-states-can-tell-you-driving-is-a-privilege-and-not-a-right-and-not-get-sued/146/#comment-1267</guid>
		<description>&lt;a href=""&gt;&lt;/a&gt;


You are right, and I read the documentation you provided, you have the right to travel freely within the Untied States. 

HOWEVER, nothing you provided said anything about you having a right to be in control of the vehicle you are traveling in.

Nice try...</description>
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<p>You are right, and I read the documentation you provided, you have the right to travel freely within the Untied States. </p>
<p>HOWEVER, nothing you provided said anything about you having a right to be in control of the vehicle you are traveling in.</p>
<p>Nice try&#8230;</p>
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