After nearly 30 years of the study of traffic law, I say we've been scammed.  

I say the Driver License is an OCCUPATIONAL LICENSE.

I say the Vehicle Code only applies to those who deliver people or stuff for a living.

I say what any 1st year law student would say, you can not be convicted of breaking a rule that does not apply to you.

What evidence do you need to see in order to be convinced the Driver License is an OCCUPATIONAL LICENSE?

What sources would you trust?




W
HAT IS A LICENSE?




            When you understand what the license is for you'll know what driving is and what you're actually doing when you use your car to go somewhere, at least in the eyes of the law.

              Whatever driving is, people are absolutely convinced tha's what they do when they go grocery shopping or take the kids to school or go to their place of worship.   What's so free about that?   Why is that a sane or even marginally credible belief?    In fact, if people thought about their belief they'd realize the following:


            It's a crime to go anywhere for any reason using your car, truck, van, or motorcycle or anything else with an engine or motor in or on it.   There is no legal way to use your car without your government employee's permission.   It's a crime to use a device propelled by an engine or motor unless you have your government employee's permission first.  

            That's what everyone has to believe in order to justify having a driver license.   Everyone believes they can't use their car to go anywhere unless they have their employee's permission.   Everyone believes that they're gonna get in trouble if they go somewhere in their car without a license.   It's a foregone conclusion you get in trouble if you have a car and no driver license.   Really?   That sure seems like an infantile belief  which is based on the same evidence there's a boogie man under the bed:  you've  never seen, heard, nor smelled him but everybody knows he's under there.   Keep thinkin that way, it's puts money in the pockets of your undereducated government employees.  

adjunct >noun 1 an additional and supplementary part. 2 Grammar a word or phrase in a sentence other than the verb or predicate. >adjective connected in an auxiliary way.
-DERIVATIVES adjunctive >adjective.
-ORIGIN from Latin adjungere 'adjoin'.

“The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the right to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .”
Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963).

            The court held that the car is an adjunct to earning a living.   It didn't hold it's "necessary".   It’s merely a tool that provides a method of travel to where one earns a living but if the automobile was "essential" to earning a livelihood then presumably they'd have used "essential" or "necessary" as opposed to "adjunct".   They’re not using their car in the same way someone who delivers people or property for a living.   They don’t use their car for the purpose of earning a living, they use their car to get to where they earn a living.   If someone is a English teacher, they do not use car to earn a living.   It’s merely an adjunct just like one’s clothes.   One’s clothes are not required, per say, to teach someone how to swim or be a life guard.   Yeah, a swim suit may be worn but it’s not a necessary implement or tool required to teach someone how not to drown or save them from drowning. 

            The Constitution secures my right to acquire, possess, and enjoy property.    A car, truck, van, motorcycle, or anything else with wheels is property.

            It’s written in the Constitution that I have the right to get a car but then I’m supposed to believe I can’t use the car unless I get and have my employee’s permission first.   What’s so free about that?  

            I wonder who wanted me to believe I “have to” have my employee’s permission to use my property?   Who benefits from me believing I “have to” have my employee’s permission to my property?  



California government employees

Those are the people who make the rules.   They made a rule that REQUIRES people to have a driver license to drive.

            Is a license and certificate of competency the same thing?   Both are EVIDENCE of something.   If not then what’s the difference?   One is EVIDENCE of permission, the other is EVIDENCE one is skilled. 

            Knowing how to use a car is different than being permitted to use it whether you do or don’t know how.  

            Here's the punch line after 30 years of studying traffic law:



- THE LICENSE PERMITS THE HOLDER TO DELIVER PEOPLE OR PROPERTY FOR COMPENSATION -


- "DRIVING" A MOTOR VEHICLE IS A TAXED & REVOCABLE COMMERCIAL PRIVILEGE -

- A DRIVER IS AN EMPLOYEE WORKING IN THE TRANSPORTATION BUSINESS -

- A LICENSE IS REQUIRED TO EARN A LIVING AS A DRIVER  -

- COMMERCIAL CONTRACTORS MUST BE LICENSED -

- PASSENGERS ARE TRANSPORTATION CUSTOMERS -

- DRIVER'S EQUIPMENT MUST BE REGISTERED -

- DRIVING IS COMMERCIAL ACTIVITY -

- DRIVING IS A PROFESSION -

And last but certainly not least;

- THE LEGISLATURE DID NOT DEFINE "DRIVE" NOR "DRIVING" IN ANY OF THE CODES -




IT'S EASLY VERIFIABLE, JUST LOOK!  YOU WON'T SEE THE SAME THING I DIDN'T SEE.



     Driving a vehicle and being in actual control of a vehicle are not synonymous.    

 Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753.

     It is settled that the streets of a city belong to the people of a state and    
the use thereof is an inalienable right of every citizen of the state.

    Whyte v. City of Sacramento (1924) 65 Cal. App. 534, 547,
    Escobedo v. State Dept. of Motor Vehicles 
(1950) 35 Cal.2d 870

     “So long as one uses his private property for private purposes and does not devote    
it to the public use, the public has no interest in it and no voice in its control.” 
Associated Oil Co. v. Railroad Commission (1917) 176 Cal. 518

[2] The people of the State of California are supreme and have the undoubted right to protect themselves and to preserve the form of government...
Steiner v. Darby (1948) 88 Cal.App.2d 481

"Municipal authorities, as trustees for the public, ...
Pittsford v. City of Los Angeles (1942) 50 Cal.App.2d 25






            It's a massive fraud and you, your family members, your friends, your neighbors, your colleagues, and everyone else is being lied to and ripped off by their government employees.


Et Hoc Paratus Est Verificare
(And this he is prepared to verify)





WHO'S GOT MOTIVE & OPPORTUNITY?

DO YOUR GOVERNMENT EMPLOYEES PROVIDE A PRODUCT OR A SERVICE?

YOUR LAW ENFORCEMENT EMPLOYEES PROVIDE A SERVICE.

YOU PAY FOR THAT SERVICE IN TAXES AND FINES FOR VIOLATIONS OF THE VEHICLE CODE.


THE PEOPLE ARE CONSIDERED BY THE POLICE DEPARTMENT'S AS "CUSTOMERS".

(Check any PD's MISSION STATEMENT.  They're on-line)

            Consider for a moment how you might argue if someone accused you of breaking a rule applicable to the railroad industry but you're an accoutant at WalMart.   What would your defense be to an allegation of violation of a rule applicable to a railroad engineer?  





A statutory or constitutional provision relating to property tax has no application to a license fee required to be paid before an automobile may be operated on the public highways;  the latter being an "occupation, privilege, or excise tax."
State v. Collins (1917) 94 Wash. 310

A classification of motor vehicles, based on whether they are used for business or commercial purposes, or merely kept for pleasure or family use, a license fee being imposed in one case and not in the other, is a proper one.
Ohio - Fisher Bros. Co. v. Brown, 146 N.E. 100, III Ohio St. 602.





1930s Educational Presentation

Run Time:  35 mins

            The film focuses primarily on COMMERCIAL use of animals and machines to carry passengers and cargo from Point A to Point B.    It's not until the last couple minutes is reference to NONCOMMERCIAL travel made.   Further, the narrator does not correctly identify what the thing is under the hood, he refers to by the term MOTOR, not ENGINE.   A MOTOR makes ELECTRICITY, an ENGINE makes COMBUSTION and SMOG.   The information REINFORCES what people have been lead to believe, that the use of a car, truck, van or motorcycle is DRIVING when it means COMMERCIAL USE OF THE STREETS AND HIGHWAYS FOR GAIN OR PROFIT.   TRANSPORTATION, TRANSPORT = COMMERCE.    PASSENGER = CUSTOMER.  






 

STATUTES OF CALIFORNIA

Passed At The
REGULAR SESSION OF THE
FORTY-SIXTH LEGISLATURE

1925

CHAPTER 412

An act to impose a license fee for the transportation of persons or property for hire or compensation upon public streets, roadways and highways in the State of California by motor vehicle; to provide for certain exemptions; to provide for the enforcement of the provisions hereof and for the disposition of the amounts collected on account of such licenses; to make an appropriation for the purpose of this act; and to repeal all acts or parts of acts in conflict herewith.

[ Approved by the Governor May 28, 1925. ]

The people of the State of California do enact as follows:

Section 1.     The words and phrases used in this act shall for the purposes of this act, unless the same be contrary to or inconsistent with the context, be construed as follows:

    (a)  The phrase "railroad commission certificate" shall be construed to mean a certificate of public convenience and necessity granted or issued by the railroad commission of the State of California, authorizing a common carrier by motor vehicle to operate under the conditions prescribed by said commission, and shall include all amendments to or changes in such certificate which may be made by said commission.
   
    (b)  The word "operator" shall include all persons, firms, associations and corporations who operate motor vehicles upon any public highway in this state and thereby engage in the transportation of persons or property for hire or compensation, but shall not include any person, firm, association or corporation who solely transports by motor vehicle persons to and from or to or from attendance upon any public school or who solely transports his or its own property, or employees, or both, and who transports no persons or property for hire or compensation, but all persons operating freight carrying so exempted shall be required to obtain from the state board of equalization and to display exempt emblems in the manner herein provided.
   
    (c)  The term "registration certificate" shall include any and all certificates of registration of a motor vehicle issued by the division of motor vehicles of the department of finance of the State of California, or by any governmental body within said state under which the laws of the said state may have power or authority to register and certify to the registration of a motor  vehicle for operation within said state.

Sec. 10.  All acts and parts of acts in conflict herewith are hereby repealed; provided, however, that nothing herein shall be construed as affecting or repealing the provisions of an act entitled "An Act providing for the supervision and regulation of the transportation of persons and property for compensation over any public highway by automobiles, jitney, busses, auto trucks, stages and auto stages;  defining transportation companies and providing for the supervision and regulations thereof by the railroad commission;  providing for the enforcement of the provisions of this act and for the punishment of violations thereof;  and, repealing all acts inconsistent with the provisions of this act, " approved May 10, 1917, as amended.


STATUTES OF CALIFORNIA

Fifty-Second Session

CHAPTER 679

An act to amend sections 1, 2, 3, 4, and 11 of an act entitled "An Act imposing a license fee or tax for the transportation of persons or property for hire or compensation upon the public streets, roads and highways on the State of California by motor vehicle and providing that this act shall take effect immediately," approved May 15, 1933; to add sections 5, 6, 7, 8, 9, 10, 112, 15, and 21 to said act; to renumber and amend sections 5, 6, 7, 8, 9, 12, 13, 14, 16, and 17 of said act; to repeal sections 10 and 15 of said act; relating to the taxing of operators engaged in the transportation of persons or property upon the public highways by motor vehicle and providing that this act shall take effect immediately.

[Approved by the Governor June 30, 1937.  In effect immediately]

The people of the State of California do enact as follows:

Section 1.     Section 1 of the act cited in the title hereof is hereby amended to read as follows:

    Section 1.     The words and phrases used in this act shall be construed for the purposes of said act, unless such construction be contrary to or inconsistent with the context thereof, as follows: ( in part )
   
    (a)  The term "operator" shall include all persons engaging in the transportation of persons or property for hire or compensation by or upon motor vehicles upon any public highway in this State, either directly or indirectly, but shall not mean or include the following:
   
        (1)  Any person transporting his own property in his own motor vehicle; provided however, that any such person making a specific charge for such transportation shall be deemed to be an "operator" hereunder;

    (b)  The term "person" shall include any individual, firm, copartnership, joint adventure, association, corporation, estate trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and the plural as well as the singular number.
   
    (c)  the term "motor vehicle" shall include all automobiles, trucks, tractors, or other self-propelled vehicles used for the transportation of person or property upon the public highways, otherwise than upon fixed rails or tracks, and any trailer, semitrailer, dolly or other vehicle drawn thereby, not exempt from registration fees under the laws of this State.




STATUTES OF CALIFORNIA
1941
REGULAR SESSION OF THE FIFTY-FOURTH LEGISLATURE

Chapter 39 (Page 590)

An act to add Part 4, comprising Sections 9601 to 10501 inclusive, to Division 2 of, and to add Section 50010 to, the Revenue and Taxation Code, thereby consolidating and revising the law relating to taxation and the raising of revenue, including the provisions of "An Act imposing a license fee or tax for the transportation of persons or property for hire or compensation upon the public streets, roads and highways in the State of California by motor vehicle and providing that this act shall take effect immediately," approved May 15, 1933, as amended, and repealing any acts and parts not specified herein.

[Approved by governor March 19, 1941.  Filed with the Secretary of State March 19, 1941]

The people of the State of California do enact as follows:

    Section 1.     Part 4, comprising Sections 9601 to 10501, inclusive, is hereby added to Division 2 of the Revenue and Taxation Code, to read as follows

        PART 4.   MOTOR VEHICLE TRANSPORTATION LICENSE TAX
       
        Chapter 1.     GENERAL PROVISIONS AND DEFINITIONS
       
        9601.     This part is known and may be cited as the"Motor Vehicle Transportation License Tax Law."

        9602.     Except where the context otherwise requires, the definitions given in this chapter govern the construction of this part.
       
        9603.     "Operator" includes: (in part)(a)(b)"Operator" does not include any of the following:   

                  (a)  Any person transporting his own property in a
                  motor vehicle owned or operated by him unless he
                  makes a specific charge for the transportation.
                  This subdivision does not in any way limit any
                  other exemption granted by this section.
                  (b)  Any farmer . . .
                  (c)  Any nonprofit . . .
                  (d)  Any person  . . transports . .  school . .
                  (e)  Any person . . . hearse . . .
                  (f)  Any registered owner of a pleasure vehicle
                  who, while operating the vehicle, transports
                  persons to his work, or to a place through which he
                  passes on the way to his work, whether for or
                  without compensation, if he is not in the business
                  of furnishing such transportation.
       
        9604.     "Person" includes . . .
       
        9605.     "Motor vehicle" includes any automobile, truck, tractor, or other self-propelled vehicle used for the transportation of persons or property upon the public highways, otherwise than upon fixed rails or tracks, and any trailer, semi-trailer, dolly, or other vehicle drawn thereby, not exempt from registration fees under the laws of this State.




STATUTES OF CALIFORNIA
1956 AND 1957

1957 REGULAR SESSION

CHAPTER 482

An act to add Sections 69.1 and 69.2 to the Vehicle Code, relating to driver's licenses.

[Approved by the governor May 19, 1957. Filed with the Secretary of State May 21, 1957.]

     The people of the State of California do enact as follows:

    Section 1.     Section 69.1 is added to the Vehicle Code, to read:
   
        69.1.     "Driver's License."  "Driver's License" includes both an operator's license and a chauffeur's license.

    Section 2.   Section 69.2 is added to said code to read:
   
        69.2.     "Original Driver's License."  "Original driver's license" means the first driver's license issued to a person under this code.
 


34 Cal. Jur. 2d

MOTOR TRANSPORTATION

II.  REGULATION, GENERALLY

I.  IN GENERAL


    §1.  Scope. -  The history of the legislation of this state with reference to the transportation of persons and property on the public highways of the state for compensation discloses two distinct lines of statutes.   One such line was enacted for the purpose of regulating the business of transportation by motor vehicles of persons or property for hire or compensation on the public highways.  Examples are the Highway Carriers Act, the City Carriers Act, the Household Goods Carriers Act, and various sections of the Public Utilities Act relating to motor carriers.   On the other hand, the Motor Vehicle Transportation License Tax Act was enacted as a step in the second line, which consists of certain acts and constitutional provisions that are primarily revenue measures, designed to secure for the state a fair return for the use of its highways in transporting persons or property for compensation.
   
    § 2. In General. -  An adequate transportation system is essential to the welfare of the state, and an important part of that system is the service rendered by highway carriers.   Among the purposes of regulation are the preservation of the highways for the public benefit and use, consistent with the needs of commerce, without unnecessary congestion or wear and tear; maintenance of a full and unrestricted flow of traffic by auto carriers over the highways; maintenance of adequate, regular, and reliable service by such carriers at reasonable rates and charges; and prevention of discrimination among shippers.   To these ends it is necessary to regulate the use of the highways by those transporting property thereon for commercial purposes.
   
    § 3. Basis of Authority.  -  It is a recognized principle that the use of the public highways for the purpose of transacting business thereon is a privilege the state may grant or withhold in its discretion and on which it may impose such conditions as it sees fit.

[3] Streets and highways are for the use of the traveling public, and, as members of the public, all persons in like situation have equal rights to use the streets and highways in a reasonable manner in the customary way. (13 Cal.Jur. 371.)   However, the common right to use streets in the ordinary way is quite different from the right to use them as a place of business for private gain.   Ordinary usage is the right of all, but there is no vested or constitutional right to subject a street to the conduct of private business.   Such use, when authorized, is a special or extraordinary privilege.   It is an added easement or burden on the street, and is not comparable to the right to conduct lawful business on private property.   Use of a public street for private enterprise may under some circumstances redound to the public good; but nevertheless it is a special privilege peculiarly subject to regulation, and one which may be granted on reasonable terms or entirely withheld. (2 Elliott's Roads and Streets, p. 1632; Hadfield v. Lundin, 98 Wash. 657, 660 [168 P. 516, Ann. Cas. 1918C, 942, L.R.A. 1918B, 909]; Scott v. Hart, 128 Miss. 353, 358 [91 So. 17]; Long's Baggage Trans. Co. v. Burford, 144 Va. 339, 344 [132 S.E. 355]; Re Dickey, 76 W. Va. 576, 584-586 [85 S.E. 781, L.R.A. 1915F, 840]; Schoenfeld v. Seattle, 265 Fed. 726, 732.) [24 Cal.App.2d Supp. 776]. 
People v. Galena (1937), 24 Cal.App.2d Supp. 770









What do I need a license for? *

Copyright © 2016 State of California

http://www.ca.gov/Contact

Licensee Information

I am a Licensee and Need Information

To make a selection, click on a link below.

    Accountants to Automobile Repair, Warranties
    Barbers & Beauticians to Boxers
    Cemeteries to Court Reporters
    Dental Trades to Doctors
    Electronics Repairs to Engineers
    Fiduciaries to Furnishings, Home                   
    Geologist to Guide Dog Training
    Hearing/Speech Specialists
    Land Surveyors to Locksmiths
    Mattresses to Midwives
    Nursing to Nursing Homes
    Opticians to Optometrists
    Pest Control to Publications
    Repossessors to Respiratory Care Practitioners
    Security Trades to Social Workers
    Therapists to Trustees
    Veterinary Medicine to Vocational Nurses

The Department of Consumer Affairs (DCA) provides information to the public regarding over 150 professional license types issued through the DCA Boards/Bureaus/Committees/Programs in accordance with the Information Practices Act, Civil Code § 1798.61, and Business and Professions Code § 161. The DCA Public Information Unit produces DCA license files for a fee. For more information, see Public Information - Licensee Lists.

https://www.dca.ca.gov/dca/licensee/info.shtml







- A
SCENARIO FOR YOUR CONSIDERATION -










Has the Legislature criminalized going anywhere for any reason in car, truck, van, motorcycle,
or anything else powered by a combustion engine or electric MOTOR?






Yes.   It’s a crime.  




Well how am I supposed to get to the grocery store or my place of worship?




Call a cab or take the bus or walk or ride a bicycle or roller skate or skate board but you can't use your car.




But I like my car and it works really well and the grocery store is a long way from here.




Tough.




But what if I can't afford a cab or the bus?




Tough.




Does the possibility exist I can get an easement or permission to break the law?






Yes.




What would represent that easement or permission?






A driver license.





Possession of a valid driver license provides immunity from retribution when I go somewhere for whatever reason?






Yes, as long as you don’t damage any one or anything while you do, and you comply with all the rules we’ve provided that you agreed to comply with.




The valid driver license permits me to then break the law legally?






Yes, again, as long as you comply with the rules we’ve provided.   So yes, you can break the law to a certain and specific degree.




From whom do I get permission?




Your employees at the Department of Motor Vehicles.




Am I understanding you correctly that I need my employee's permission to use my car to go to my place of worship?





Yes.




I need my employee's permission before I can get together with my fellow parishioners?




Yes.




                        That doesn't seem quite right.   Uh, when I went to the DMV to get the permission, did I buy
                         the license and the plates and the tab and all that?






No.   The State owns those items.   You merely possess them.   They don't belong to you.   You didn't buy them.  

The DMV is more like a garden tool rental business as opposed to Home Depot where you go to actually buy the tools.




So once the DMV determines I'm qualified to get their permission, the Vehicle Code will apply to me right?





Yes.   But it only applies to you when you exercise the privilege.   Everybody knows you can't break a rule
unless you do what the rule applies to.





Oh yeah.




Ask yourself this question;  How can you be rebuked by your Wal-Mart manager for breaking a rule that doesn't apply to you?




You can't cuz the rule doesn't apply to you.




Correct.   So if you're not driving when you use your car then you can't possibly break a driving rule.  Remember,
using a car to go anywhere for any reason is a crime but when you acquire your employee's permission in the form
of a license you can break the law legally.





Right.   Now I understand why you earn $125,000 a day.    Yer worth every penny!     So if I study law real
hard I can earn $45 MILLION bucks a year too?






BAILIFF, GET HIM OUT OF HERE !





THE DRIVER LICENSE AND WHAT IT PERMITS





“A license is in the general nature of a special privilege, entitling the licensee to do something that he would not be entitled to do without the license”.
51 Am. Jur.2d., LICENSES AND PERMITS, PART ONE, GENERAL PRINCIPLES,  I. GENERAL, §1. Generally, p. 7

A license proper is a permit to do business which could not be done without the license.
CITY AND COUNTY OF SAN FRANCISCO v. LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY et al. (1887), 74 Cal. 113

A license in its proper sense is a permit to do business which could not be done without the license.
CITY OF SONORA v. J. B. CURTIN (1902) 137 Cal. 583
   
It is held that a tax upon a common carriers by motor vehicles is based upon a reasonable classification, and does not involve any unconstitutional discrimination, although it does not apply to private vehicles, or those used by the owner in his own business, and not for hire.”
Desser v. Wichita (1915) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs., 75 A.L.R. 22

The Garcia court quoted Lambert v. California (1957) 355 U.S. 225, 227 [78 S.Ct. 240, 242][involving registration for convicted felons] as follows:  “‘Many [registration] laws are akin to licensing statutes in that they pertain to the regulation of business activities.
People v. Garcia (2001) 25 Cal.4th 744
   
Registration laws are common and their range is wide. Cf. Bryant v. Zimmerman, 278 U.S. 63; United States v. Harriss, 347 U.S. 612 ; United States v. Kahriger, 345 U.S. 22.   Many such laws are akin to licensing statutes in that they pertain to the regulation of business activities.
Lambert v. California (1957) 355 U.S. 225

"We have said, and we reiterate, that a license is merely a privilege to do business and is not a contract  between the authority granting it and the grantee, nor is it a property right. See syllabus by the court, No. 4,  Prettyman Inc. v. Florida Real Estate Commission ex rel. Branham, 92 Fla. 515, 109 So. 442."
Mayo et al. v. Market Fruit Co. of Sanford, Inc. (1949) 40 So.2d 555

A statutory or constitutional provision relating to property tax has no application to a license fee required to be paid before an automobile may be operated on the public highways;  the latter being an "occupation, privilege, or excise tax."
State v. Collins (1917) 94 Wash. 310

A classification of motor vehicles, based on whether they are used for business or commercial purposes, or merely kept for pleasure or family use, a license fee being imposed in one case and not in the other, is a proper one.
Ohio - Fisher Bros. Co. v. Brown, 146 N.E. 100, III Ohio St. 602.

1.  LICENSES (§ 5*) - CHAUFFEURS.
   
The occupation of a chauffeur is one calling for regulation and therefore permitting a regulatory license tax.
[Ed. Note. - For other cases, see licenses, Cent. Dig §§4, 19; dec. Dig. § 5*]

2.  STATUTES (§ 81*)  - SPECIAL LEGISLATION - CLASSIFICATION.

Dividing, as does St. 1913, p. 639, drivers of automobiles into two classes, one professional chauffeurs, and requiring them to obtain a license, and pay an annual fee of $2, the other embracing all others, who are not required to secure a license or pay a license fee, is sound classification and not arbitrary, so as to constitute special legislation.
Ex parte Stork, 167 Cal. 294  (Supreme Court of California.  Feb. 24, 1914)

It is to be noted that the ordinance in question does not seek to classify commercial interests or enterprises in the use of the city's streets for distribution of advertising matter, the distinction is expressly drawn between commercial and non-commercial use of the streets for that purpose.
   
No person has an inherent right to conduct his business upon the public streets and sidewalks of a city.
Pittsford v. City of Los Angeles (1942) 50 Cal.App.2d 25

"'The right of a citizen to travel upon the highway and transport his property thereon in the ordinary course of life and business differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain,...   The former is the usual and ordinary right of a citizen, a right common to all; while the latter is special, unusual and extraordinary.
Frost v. Railroad Commission (1925) 197 Cal. 230

            The operator and chauffeur licenses were combined under a new name:




            See what they did?!   They combined TWO different licenses under one name.   Both the licenses were issued to those who delivered for a living.   In 1959 those two became one named:  DRIVER LICENSE.   Is there any evidence that the operator and cheauffeur license are/were occupational licenses?



C
ODE OF FEDERAL REGULATIONS

Title 49, Volume 4, Parts 200 to 399
Revised as of October 1, 1999
From the U.S. Government Printing Office via GPO Access
CITE: 49 CFR 390

[Page 859 - 865]

TITLE 49 -- TRANSPORTATION

CHAPTER III--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL--Table of Contents
Subpart A--General Applicability and Definitions

    Sec. 390.1  Purpose.
   
        This part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter.
   
    Sec. 390.3  General applicability.
   
        (a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce. 

    Sec. 390.5  Definitions.
          
        Driver means any person who operates any commercial motor vehicle. 
   
        Interstate commerce means trade, traffic, or transportation in the United States –
       
            (1) Between a place in a State and a place outside of such State (including a place outside of the United States);
            (2) Between two places in a State through another State or a place outside of the United States; or
            (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
   
        Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ``interstate commerce.''
 
        Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. 

        Operator -- See driver.

TITILE 18, UNITED STATES CODE, Sec. 31

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

    Sec. 31. Definitions
   
        When used in this chapter the term -
       
            ''Motor vehicle'' means every description of carriage or other  contrivance propelled or drawn by mechanical power and on the highways used for commercial purposesin the transportation of passengers, passengers and property, or property or cargo;
   
            ''Used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business , or other undertaking intended for profit;

CALIFORNIA PUBLIC UTILITIES CODE

    208.  "Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported and the receipt, carriage, and delivery of such person and his baggage.
   
    209.  "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and handling, and the transmission of credit by express corporations.
   
    211.  "Common carrier" means every person and corporation providing transportation for compensation to or for the public or any portion thereof, except as otherwise provided in this part.
       "Common carrier" includes:
       (a) Every railroad corporation; street railroad corporation; dispatch, sleeping car, dining car, drawing-room car, freight, freightline, refrigerator, oil, stock, fruit, car-loaning, car-renting, car-loading, and every other car corporation or person operating for compensation within this state.
       (b) Every corporation or person, owning, controlling, operating, or managing any vessel used in the transportation of persons or property for compensation between points upon the inland waters of this state or upon the high seas between points within this state, except as provided in Section 212.  "Inland waters" as used in this section includes all navigable waters within this state other than the high seas.
       (c) Every "passenger stage corporation" operating within this state.
   
    214.5.  With respect to a motor vehicle used in the transportation of passengers for compensation by a passenger stage corporation, "owner" means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.   

DIVISION 2.  REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION
CHAPTER 1.  INTERSTATE AND FOREIGN MOTOR CARRIERS OF HOUSEHOLD
GOODS AND PASSENGERS ACT
Article 1.  General Provisions

    3950.  It is a violation of law for any person or corporation to operate, or cause to be operated, on the highways of this state, any motor vehicle in the transportation of property or passengers for compensation in interstate commerce without having first complied with the requirements of this chapter.  That violation may be prosecuted and punished as provided in Section 16560 of the Vehicle Code.

    4000.  This chapter may be cited as the Private Carriers of Passengers Registration Act.
   
    4001.  (a) For purposes of this chapter, "private carrier" means a not-for-hire motor carrier, as defined in Section 408 of the Vehicle Code, who transports passengers and is required to obtain a carrier identification number pursuant to Section 34507.5 of the Vehicle Code, but does not include persons providing transportation services specified in subdivision (k) or (l) of Section 5353.
                (b) For purposes of this chapter, "department" means the Department of the California Highway Patrol.

    5101.  This chapter may be cited as the "Household Goods Carriers Act."
   
    5102.  The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public interest.   It is the purpose of this chapter to preserve for the public the full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon such highways;  to secure to the people just, reasonable and nondiscriminatory rates for transportation by carriers operating upon the highways;  and to secure full and unrestricted flow of traffic by motor carriers over the highways which will adequately meet reasonable public demands by providing for the regulation of rates of all carriers so that adequate and dependable service by all necessary carriers shall be maintained and the full use of the highways preserved to the public.

    5108.  "Motor vehicle" means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, otherwise than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
   
    5109.  "Household goods carrier" includes every corporation or person, their lessees, trustee, receivers or trustees appointed by any court whatsoever, engaged in the transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state.

    5110.5.  With respect to a motor vehicle used in the transportation of property for compensation by a household goods carrier, "owner" means the corporation  or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has
    a legal right to possession of the vehicle pursuant to a lease or rental agreement.
   
    5112.  The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter.   Any provision of the Public Utilities Act in conflict with the provisions of this chapter does not apply to a household goods carrier.
   
    5352.  The use of the public highways for the transportation of passengers for compensation is a business affected with a public interest.   It is the purpose of this chapter to preserve for the public full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon the highways; to secure to the people adequate and dependable transportation by carriers operating upon the highways; to secure full and unrestricted flow of traffic by motor carriers over the highways which will adequately meet reasonable public demands by providing for the regulation of all transportation agencies with respect to accident indemnity so that adequate and dependable service by all necessary transportation agencies shall be maintained and the full use of the highways preserved to the public; and to promote carrier and public safety through its safety enforcement regulations.
   
    5353.  This chapter does not apply to any of the following:
       (a) Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
       (b) Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
       (c) Common carrier transportation services between fixed termini or over a regular route which are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
       (d) Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of compensation therefor by the employees.
       (e) Transportation service rendered by a publicly owned transit system.
       (f) Passenger vehicles carrying passengers on a noncommercial enterprise basis.
       (g) Taxicab transportation service licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver.
       (h) Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver.  This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California
    Highway Patrol.   The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit.  "Profit," as used in this subdivision,
    does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
       (i) Medical transportation vehicles, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
       (j) Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
   (k) Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its
    customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
       (l) Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing.  Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
       (m) (1) Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original take-off site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
       (A) Does not fly more than a total of 30 passenger rides for compensation annually.
       (B) Does not provide any preflight ground transportation services in their vehicles.
       (C) In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
       (D) Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars
    ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
       (2) Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
       (n) (1) Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
       (2) Any transportation service described in paragraph (1) shall comply with all of the following requirements:
       (A) Register as a private carrier with the commission pursuant to Section 4005.
       (B) Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
       (C) Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
       (D) Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
       (i) A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers.  For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
       (ii) A minimum of one million  dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers.  For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars
    ($500,000) general umbrella policy that covers vehicles.
       (iii) A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
   
    24505.  "Transit" means the transportation of passengers and their incidental baggage by any means.
   
    99209.5.  "Operates" for purposes of Sections 99209 and 99215, and "operation" for purposes of paragaraph (1) of subdivision (b) of Section 99289, mean that the operator owns or leases the equipment, establishes routes and frequency of service, regulates and collects fares, and otherwise controls the efficiency and quality of the operation of the system, but does not require that operators of rolling stock be employees of a public agency.

    99210.  "Operator" means any transit district, included transit district, municipal operator, included municipal operator, or transit development board.
   
    100012.  "Transit" means the transportation of passengers and their incidental baggage by any means, and includes rapid transit.
   
    161000.  (a) The Legislature finds and declares as follows:
       (1) Transportation is vital to the state's economy, and a complete transportation system is essential in times of disaster.
       (2) Transportation corridors should be protected from uses which are incompatible with transportation requirements.
       (3) Important potential transportation corridors are being developed for other purposes.
       (b) It is, therefore, the intent of the Legislature in enacting this division to vest in the Department of Transportation responsibility for implementing a program of transportation right-of-way protection and conservation within essential transportation corridors by acquiring and holding transportation corridor lands which would otherwise be lost to public use.
       (c) It is the further intent of the Legislature in enacting this division to preserve land which is needed or will be needed for transportation corridors consistent with applicable environmental protection laws and regulations.

CAR'RIER, n. [See Carry.]   One who carries; that which carries or conveys ; also a messenger.
2. One who is employed to carry goods for others for a reward; also, one whose occupation
is to carry goods for others, called a common carrier; a porter-
Webster’s Dictionary, 1828 (no page numbers provided in original)

CARRY:   Carrying trade, the trade which consists in the transportation of goods by water from
country to country, or place to place.
Webster’s Dictionary, 1828 (no page numbers provided in original)

CARRIERS, contracts.   There are two kinds of carriers, namely, common carriers, (q.v.) who have been considered under another head; and private carriers.   These latter are persons who, although they do not undertake to transport the goods of such as choose to employ them, yet agree to carry the goods of some particular person for hire, from one place to another.
    2. In such case the carrier incurs no responsibility beyond that of any other ordinary bailee for hire, that is to say, the responsibility of ordinary diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 Wend. R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; Story on Bailm, Sec. 495. But in Gordon v. Hutchinson, 1 Watts & Serg.
285, it was holden that a Wagoner Who carries goods for hire, contracts, the responsibility of a common carrier, whether transportation be his principal and direct business, or only an occasional and incidental employment.
    3. To bring a person within the description of a common carrier, he must exercise his business as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business; not as a casual occupation pro hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R.
14; 1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.
Bouvier’s Law Dictionary, 1856, p. 14

COMMON CARRIER, contracts.   One who undertakes for hire or reward to transport the goods of any who may choose to employ him, from place to place. 1 Pick. 50, 53; 1 Salk. 249, 250; Story, Bailm. Sec. 495 1 Bouv. Inst. n. 1020.
    2.  Common carriers are generally of two descriptions, namely, carriers by land and carriers by water.   Of the former description are the proprietors of stage coaches, stage wagons or expresses, which ply between different places, and' carry goods for hire; and truckmen, teamsters, cartmen, and porters, who undertake to carry goods for hire, as a common employment, from one part of a town or city to another, are also considered as common carriers.   Carriers by water are the masters and owners of ships and steamboats engaged in the transportation of goods for persons generally, for hire and lightermen, hoymen, barge-owners, ferrymen, canal boatmen, and others employed in like manner, are so considered.
    3.  By the common law, a common carrier is generally liable for all losses which may occur to property entrusted to his charge in the course of business, unless he can prove the loss happened in consequence of the act of God, or of the enemies of the United States, or by the act of the owner of the property. 8 S. & R. 533; 6 John. R. 160; 11 John. R. 107; 4 N. H. Rep.
304; Harp. R. 469; Peck. R. 270; 7 Yerg. R. 340; 3 Munf. R. 239; 1 Conn. R. 487; 1 Dev. & Bat. 273; 2 Bail. Rep. 157.
    4.  It was attempted to relax the rigor of the common law in relation to carriers by water, in 6 Cowen, 266; but that case seems to be at variance with other decisions. 2 Kent,. Com. 471, 472; 10 Johns. 1; 11 Johns. 107.



"U$ED" FOR COMMERCIAL PURPO$E$










...thanks to the Publik Skools!



            If you have a Class C valid driver license then you have the privilege to deliver stuff or people for a living.   Whether you use it or not’s up to you.   In other words, exercising what the license permits is optional, it's discretionary.   You can exercise it or not but you don't have to.   In fact, the exercise of what the license permits is like police and arrests.   Yes, they can make arrests without a warrant but they're not required to, they can if they wanna but they don't gotta, just like you and the privilege you got from your State employees (Penal Code sec 836 - Warrantless arrests are discretionary, not mandatory).    

            The difference between someone with a license and someone without one is that the person with one ASKED (applied & qualified) for it.   The one without didn’t ASK for anything.   They have nothing belonging to the State.   Hence, if a law enforcement officer alleges a violation of the Vehicle Code then the burden in on the accuser to prove beyond a reasonable doubt with sufficient evidence the party they accused in fact committed a crime.   If they don't meet that burden they can not prevail, legitimately.   The good news is your accuser HAS TO, unlike the discretion to arrest, prove every element of the allegation.  
 
            Unless the conduct is what the license permits then the party accused must prove with sufficient evidence the conduct was a crime.   They have to prove you either ASKED for it or were REQUIRED to.   The accuser is making a claim of control over State regulated conduct, State regulated activity.   The accuser is a government employee.   The implication is the employee is exercising authorized duty, either mandatory or discretionary but which ever the employee is presumptively acting within his job description.


            Why do you suppose the Legislature didn't provide a definition of "driving"?    

            Everyone will agree that driving is a privilege.   Everyone will agree that in order to drive legally one must have a driver license.   Everyone will agree that a motor vehicle has to be registered and have a plate or plates attached to it.

            What people don’t know is why.   What people don’t know is what driving is.   What people don’t know is what a license is for.   Bold statements?   Yes.   The better question is, is it true?   Hopefully what follows will provide the answer to that question.

    •    Question:   Would you think it odd if there was a law that requires you to apply for a Real Estate License when you have no intention of selling real estate?

    •    Question:   Would you think it odd if there was a law that requires you to apply for a Building Contractor License when you have no intention of being a building contractor?
   
    •    Question:   Would you think it odd if there was a law that required you to apply for a hand gun license when you had no intention of buying or having a hand gun?
   
    •    Question:   Would you think it odd if there was a law that required you to apply for a medical marijuana license so you could sell it legally when you had no intention of selling medical marijuana? 
     
    •    Question:   Would you think it odd if there was a law that required you to apply for a license to drive a cab when you had no intention of driving a cab?

    •    Question:   Is it a crime to use your car to go to your place of worship?

    •    Question:   Is it a crime to use your car to go to the grocery store for food?

    •    Question:   Is it a crime to use your car to take your child or children to school or picking them up from school on a rainy day?

    •    Question:   Is it a crime to use your car to go to school?

            If you answered NO to the last 4 questions then you have to explain why you HAVE TO have a driver license.   If someone does something “illegal” it tends to be a crime.   If driving without a license is illegal then it’s a crime to pick up the kids from school on a rainy day and then take them to grocery store for some stuff for dinner, this idea that going anywhere in a car is reflected at Vehicle Code section 12500(a) and what's printed there is the big fat sticky old hitch in the git along when it comes to using a car legally.   That section IS TRUE.   It's knowing WHY it's true that's KEY to this issue.  

            It all has to do with...
DRIVING

            That's the verb the State government employees of the legislative branch made the rules to regulate.    But NO ONE has seen the LEGISLATIVE definition of the VERB THEY REGULATE!   Yet at the same exact time that's precisely what people believe to a person.   Everyone you meet will say when they use a car to go somewhere they drive it, BUT THEY'VE NEVER SEEN THE DEFINITION OF "DRIVE", but they'll assert that's precisely what they do when they use a car;  DRIVE IT.   Claiming you get to work by pogo stick is as accurate as saying you drive to work, unless of course you're being paid for the exercise of that verb which is also privileged conduct as opposed to constitutionally secured rights which require no one's permission to exercise.   The question to be answered is:   WHAT IS DRIVING?    

            The easy answer is;  going somewhere in a car or truck or other device with a motor or engine.   That definition better exist because that's what 99.9999999999999999% of everyone in this country believes.   So where is it?   Oughta be in Webster's and The OXFORD DICTIONARY OF ENGLISH WORDS, ANNOTATED and reflect something like that, you know, it's just goin somewhere in a car Daddy-O.  



            Everyone with a license believes they drive even though they've NEVER SEEN the legal definition.   What might such a mental condition be called?   The belief in something never witnessed nor experienced nor does there exist any evidence yet insisting it does?

            Driving without a license is a misdemeanor and a misdemeanor is a crime, so is going to church, the synagogue, or mosque by car a crime?   It has to be because everyone who has a license has to believe that otherwise why would they have a license?   The whole point of the license for the majority of people is to "avoid trouble".   You "get in trouble" if you drive without a license.   Again, at least that's what the majority will cop to when pressed as to why they have one.   Sorry, being afraid and wanting to avoid an asswhuppin in court as the basis for getting the license doesn't make a VALID CONTRACT.   The fear of punishment or retribution is DURESS and a VALID contract can not contain the element DURESS.   And just because some one wants one still doesn't mean they HAVE TO have it.   What's goin on with the Driver License most certainly isn't based on the reasons people went there in the beginning.  









IT'S A CRIME TO ENGAGE IN BUSINESS WITHOUT A LICENSE

"Section 250 . . . "(a) It is a misdemeanor  for any person to drive a motor vehicle upon a highway unless he then holds a valid operator's or chauffeur's license . . . .."  . . . . driving privileges--of which the  license is but evidence (People v. Noggle (1935), 7 Cal.App.2d 14, 17, [45 P.2d 430, 432]).
People v. Higgins (1948) 97 Cal.App.2d Supp. 938

CALIFORNIA BUSINESS AND PROFESSIONS CODE

7028.  (a) It is a misdemeanor for a person to engage in the business or act in the capacity of a contractor within this state without having a license therefor, unless the person is particularly exempted from the provisions of this chapter.

CALIFORNIA VEHICLE CODE

12500.  (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
   



            A violation of Vehicle Code §12500(a) is a misdemeanor, which is a crime.   It’s a crime to engage in commerce (use the streets and highways for business purposes), without the State’s permission, the evidence of permission being the driver license.   If using your car to go to your place of worship is not permitted unless you have a driver license, then you’d be committing a crime when you did based on your belief.

            Really?!   Did the Legislature prohibit and criminalize using your car to go to your place of worship?   Did the Legislature prohibit the criminalize using your car to run household errands like going to the grocery store to buy food?   If you have a driver license then you believe they did.   If going to your place of worship and the grocery store in your car isn’t a crime then why do you have a driver license which prevents an allegation of the crime of driving without a license?  

            Who will argue that delivering pizza and flowers is a job.   One of the conditions of getting the job to deliver pizza and flowers is a driver license.   The license permits driving which is a privilege.   No one is entitled to deliver pizza and must qualify.   If people were entitled to deliver pizza or flowers no qualifications would be necessary.   When delivering pizza or flowers one is being compensated or getting a pay check for delivering the merchandise.  



            So the license permits driving.   And as a driver has to have a license in order to drive.   If the driver gets stopped by John Law and  is issued a so-called "traffic ticket",  the matter will be resolved in TRAFFIC COURT.   The grievance is a TRAFFIC grievance.   The officer employee's complaint is applicable to TRAFFIC.   If you weren't  involved in TRAFFIC  then how could you possibly be found guilty?   You heard what the Judge and cartoon ape had to say about it so it's probably a good idea to figure out what TRAFFIC actually is.


            I know what the DMV regulates and I know what the DRIVER LICENSE is for, and more importantly I know what "driving" and driver" actually are.   That $45 MILLION dollar a year embarrassment to the law profession is partially correct.   The Legislature didn't criminalize going anywhere for any reason in a car, truck, van, motorcycle or whatever else has an combustion engine or electric motor for power.   No, the Legislature did not criminalize mobility or travel in or on a machine powered or propelled by something other than you or gravity.    They criminalized DOING A JOB without permission.

    CONTRACTS - CONTRACTS - CONTRACTS    
They Make Our Worlds Go Round

            Here's the thing, you think driving is a government privilege.   Ok, I agree it is.   It's not yours, it belongs to your government.   In order for you to get what didn't belong to you you had to ask.   The way you ASKED was by a paper named APPLICATION.   An APPLICATION is a request for something you don't have.   So in order to get what doesn't belong to you you HAD TO, as a CONDITION of getting the State's privilege, you had to take certain and specific steps, or follow certain and specific procedures or rules, and QUALIFY before  the State GRANTED you the use of it's privilege.   The privilege you wanted that belongs to the State is their:   PERMISSION.   You want the State, actually you want your employees up at the State Capital, to grant their permission for you to do something legally.   The thing people who go to the DMV for is the State's PERMISSION  to earn a living using a car, truck, van, motorcycle, or anything else with wheels pretty much.   It's called DRIVING.   That's what the APPLICANT actually wants to do but in order to do it legally they must QUALIFY and to meet that threshold they HAVE TO have the State's PERMISSION.   The PERMISSION is represented by, you guessed it, the DRIVER LICENSE.   All that little card with your ugly picture on it is is EVIDENCE OF PERMISSION.   That's it.   When you have that little card you can QUALIFY to deliver pizza, ice cream, flowers,  or people via cab.   So if you have in interest in HOW TO BEAT A TRAFFIC TICKET then you might begin your building project on the observation just made.

            How can you be found guilty of delivering pizza without a license when you don't deliver pizza?   That's what people are being accused of by cops when they get pulled over:   DELIVERING PEOPLE OR STUFF WITHOUT THE STATE'S AUTHORIZATION. 

            What do you call someone who delivers stuff for a living?


EMPLOYEE, DRIVER

DRIVING = DELIVERING


            Everyone wants to know how to be a traffic ticket.   It’s pretty simple actually.   It in fact took me nearly 30 years to get just how simple it was.   I base that opinion on the amount of propaganda and mind-fucking that takes place in society that I had to deal with on a daily basis as I set about finding the answer to the question:   WHY DO I KEEP REGISTERING MY VAN?

            At the time the question first arose I had a VW van.    Like everyone else I can’t stand the DMV and the “people” who work there.   Frankly I can’t stand the “Go Away Son You Bother Me” attitude, not to mention the LINES.   I’d rather be bitch slapped that go to the DMV or do any business with them at all.   As a result I found out  what the DMV regulates and I know what the DRIVER LICENSE is for, and more importantly I know what "driving" and driver" actually are. 

            Once you know that then “beating a ticket” is all downhill.  

            The KEY to beating a ticket is not getting one.   That’s not practical reality because of the HUMAN ELEMENT involved in getting one.   The reason you got one in the first place is due to the OPINION of one of your employees who works either for the Police Department, Highway Patrol, or Sheriff’s Department.   That’s where the paper you got originated, from one of your employees.   The employee made a determination you were bad and didn’t comply with the law.   That makes perfect sense because you’d not have gotten the paper or pulled over had you COMPLIED WITH THE LAW.   Right?   When you comply with the law then everybody knows you can’t get stopped.   This is true.   But what if the employee makes a mistake?   Are you going to pay for their mistake or will you make an effort to point out the mistake in order to avoid having to pull out your wallet or purse and pay for the employee’s mistake? 

            The so-called “traffic stop” is nothing more than someone being accused of not following a rule.   They’re being accused of FAILURE TO COMPLY.   Don’t believe me, break down what you call a “traffic stop”.   Why is the cop talking to you?   Why did the cop stop you in the first place.  Break it down and you’ll get to the bottom of it when you realize it’s someone accusing someone of FAILURE TO COMPLY.   Technically speaking you’re being accused of BREACH OF CONTRACT.   Remember, you had to QUALIFY for your employee’s PERMISSION.   You began that process by filling out an APPLICATION (request form).   Once you clear the APPLICATION form hurdle then it’s off to all the other QUALIFIERS or tests before you get what you want.

            It doesn’t take too long once one begins looking into the DRIVER LICENSE - TRAFFIC TICKET MYSTERY to figure out what’s going on.   However as the saying goes:  The Devil’s in the details.

            Another thing I’ve learned along the way is that people seem to have this ability to understand the language but not speak it well at all.    I can present the information in a way NEVER HEARD by anyone yet they’ll understand.   In fact, I’ll give you the benefit of the doubt you understand what you’ve just read AND it just happens to make some sense.   It APPEARS reasonable.   So notwithstanding the fact you can’t speak this topic as well as me, you still have the capability of understanding it.   This means IF you have the inclination, you MAY set about VERIFYING to your own satisfaction whether it’s true or not and speaking about it yourself to others to hear what they may have to say about.  

            The good news is it won’t take you nearly 30 years to piece it together, it'll take you way less time to put it together due to the findings of many others who have been investing their time to understand this mystery over the past number of decades.

            Well, it’s not a mystery, it’s a FRAUD!   It’s a CON JOB folks and you’re the mark.   You and your kids and family and friends and neighbors are being DEFRAUDED by your employees.   Watch.

            If you believe in God then you must also believe the part about God “given” rights.   Everybody knows driving is a privilege not a right, so that means what you have in your wallet was made by MAN, not God.   Fine.   Here comes the sticky BRAIN/MIND part, if going anywhere in a car for any reason is a crime unless you have your government employee’s permission, then what is the type of travel that’s made by God called which is protected and unaLIENable (no license required)?   And why don’t you use that instead of MAN’s?   God’s is free, man’s you gotta pay for, annually.   In fact you can only RENT man’s “right” because they retain OWNERSHIP, you merely applied for POSSESSION.   You may POSSESS a dollar but you don’t OWN the dollar, due to the dollar being made and offered by someone else.   Same goes for the PERMISSION you wanted.   You POSSESS the PERMISSION but it’s not yours.  

            Bottom line:   You HAVE TO BELIEVE that going to your place of worship is a crime unless you have your government employee’s permission.   The evidence of that belief is in your wallet.   And that belief, like the belief in some invisible bearded floating head exists up in the sky, is based on FAITH or impression, but it most certainly is not based on “empirical evidence”.   Just because someone wearing a hat of some type says an invisible guy is floating around watching you to see who’s naughty and nice doesn’t make it so.   But if you believe you HAVE TO have a driver license before you can LEGALLY go to your place of worship then you HAVE TO also believe that’s a crime and your government employees have the authority to grant you permission to break the law and commit what would otherwise be a crime.   Pretty messed up wouldn’t you say?

            As a matter of fact, the “driving” issue has absolutely NOTHING to do with God or one’s place of worship.   It applies to Atheists as well.   Whether you believe in God isn’t the issue, it’s the BELIEF that you can’t go anywhere for any reason in car, truck, van, motorcycle, or anything else powered by a combustion engine or electric MOTOR because that’s a crime.   Did you know your employees up at the State capital made it a crime to go anywhere for any reason in a car, truck, van, motorcycle, or anything else powered by a combustion engine or electric MOTOR?   That's what you have to believe BUT IT'S NOT TRUE.

            Getting back to “going anywhere in a car”, is that the definition of “driving”?   YES or NO

            This is what I know for a fact.   The Vehicle Code is a book of rules.   Those rules apply to someone identified in the book.   Those rules apply to the CONDUCT of the someone to whom the rules apply in that book.   The CONDUCT everybody knows they do when they use a car, truck, van, motorcycle or anything with a combustion engine in it, is “driving”.  

            Ok, this is for all the law brainiacs and know-it-alls out there who think their shit doesn’t stink, at what section within the Vehicle Code has the Legislature provided the definition of the conduct you base your belief on?   The Legislature has provided DEFINITIONS of words in the Vehicle Code so people can’t claim “I DIDN’T KNOW YOUR HONOR!”.  

            What I’ve learned over the decades is the majority of people want to use a car but they don’t care about how it works or the rules that apply to them and it when they do.   Bully, that makes for impending financial disaster.   Do the math, if you don’t know how the thing works then you can’t fix it and if you’re accused of breaking a rule in the Vehicle Code you’re gonna have to pay for that repair job too.   I think that’s one helluva price to pay for the convenience of remaining ignorant.   

            People who pay a so-called “traffic ticket” without a fight are claiming they’ed rather be ignorant than learn about what they’re doing.   Keep closely in mind that yeah MONEY is part of it,  but there’s the intangibles that people claim are pretty important;  rights.   When you’re subjected to so-called “traffic stops” then you're God “given” rights are affected.   Do you know how many and which ones?   Then there’s your RETAINED rights.   How many of those were affected?   Or have you RETAINED any yet?  

Constitution of the State of California
1849

We the people of California, grateful to Almighty;  God for our freedom: in order to secure its blessings, do establish this Constitution.

Article I:  Declaration of Rights

Sec. 21.

 This enumeration of rights shall not be construed to impair or deny others, retained by the people.








The state has the authority to regulate the use of public highways for business purposes.
Morel v. Railroad Commission of California (1938) 11 Cal.2d 488




                                            All that does is permit her to deliver people or property for a living.   That's not a
                                            requirement for going to work, running household errands, or going to the movies or
                                            anywhere else for that matter.   The question is:  ARE YOU GETTING PAID TO GO FROM
                                            POINT A to POINT B?   Is it your job to deliver people or stuff?







The activity licensed by state DMVs  -  the operation of motor vehicles  -  is itself integrally
related to interstate commerce
”.

Seth Waxman, Solicitor General
U.S. Department of Justice
BRIEF FOR THE PETITIONERS *  (click to go get it)
Reno v. Condon, 528 U.S. 141, January 12, 2000
Supreme Court of the United States


TRAFFICCommerce; trade; sale or exchange of merchandise, bills, money, and the like.  
The passing of goods or commodities from one person to another for an equivalent in goods or money. 
Senior v. Ratterman, 44 Ohio St. 673, 11 N.E. 321; Fine v. Moran, 74 Fla. 417, 77 So. 533, 538;
Bruno v. U.S., C.C.A.Mass., 289 F. 649, 655; Kroger Grocery and Baking Co. V. Schwer, 36 Ohio App.
512, 173 N.E. 633.   The subjects of transportation on a route, as persons or goods; the passing to and
fro of persons, animals, vehicles, or vessels, along a route of transportation, as a long a street, canal etc. 
United States v. Golden Gate Bridge and Highway Dist. of California , D.C.Cal., 37 F. Supp. 505, 512.

Black’s Law Dictionary, 4th Ed., p. 1667

INTERSTATE COMMERCETraffic, intercourse, commercial trading, or the transportation of
persons or property between or among the several states of the Union, or from between points in one
state and points in another state; commerce between the states, or between places in different states.  
It comprehends all the component parts of commercial intercourse between different states. [Cites omitted]

Black’s Law Dictionary, 4th Ed., p. 955

Traffic - Webster's Unified Dictionary and Encyclopedia, International Illustrated Edition (1960)
   
        1. Business or trade, commerce.  2. Transportation.  3. The movement of vehicles on street or
highway, as, the traffic is very heavy today.


CALIFORNIA PENAL CODE

        484d.  As used in this section and Sections 484e to 484j, inclusive:  

(9)  "Traffic" means to transfer or otherwise dispose of property to another, or to obtain control
of property with intent to transfer or dispose of it to another.


            Dunno about you but I don't see the word CONGESTION anywhere in those definitions.   And that's what people BELIEVE traffic means, lots of cars all bunched up on the freeways and streets at the same time going real real slow.   Kinda like the 17 from San Jose to Santa Cruz on a Sunday during the summer.   For some reason people still haven't figured out that you don't head for the beach on Sunday at 11 am.   And the 405, well it's just nonstop fast congestion until it's rush hour which means 24/7.  














It appears to be thinning out.




                   

 
CALIFORNIA PUBLIC UTILITIES CODE

    208.  "Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported and the receipt, carriage, and delivery of such person and his baggage.
   
    209.  "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and handling, and the transmission of credit by express corporations.
   
    211.  "Common carrier" means every person and corporation providing transportation for compensation to or for the public or any portion thereof, except as otherwise provided in this part.
       "Common carrier" includes:
       (a) Every railroad corporation; street railroad corporation; dispatch, sleeping car, dining car, drawing-room car, freight, freightline, refrigerator, oil, stock, fruit, car-loaning, car-renting, car-loading, and every other car corporation or person operating for compensation within this state.
       (b) Every corporation or person, owning, controlling, operating, or managing any vessel used in the transportation of persons or property for compensation between points upon the inland waters of this state or upon the high seas between points within this state, except as provided in Section 212.  "Inland waters" as used in this section includes all navigable waters within this state other than the high seas.
       (c) Every "passenger stage corporation" operating within this state.
   
    214.5.  With respect to a motor vehicle used in the transportation of passengers for compensation by a passenger stage corporation, "owner" means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.   


CALIFORNIA PUBLIC UTILITIES CODE
DIVISION 2.  REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION
CHAPTER 1.  INTERSTATE AND FOREIGN MOTOR CARRIERS OF HOUSEHOLD
GOODS AND PASSENGERS ACT
Article 1.  General Provisions

    3950.  It is a violation of law for any person or corporation to operate, or cause to be operated, on the highways of this state, any motor vehicle in the transportation of property or passengers for compensation in interstate commerce without having first complied with the requirements of this chapter.  That violation may be prosecuted and punished as provided in Section 16560 of the Vehicle Code.

CALIFORNIA PUBLIC UTILITIES CODE

    4000.  This chapter may be cited as the Private Carriers of Passengers Registration Act.
   
    4001.  (a) For purposes of this chapter, "private carrier" means a not-for-hire motor carrier, as defined in Section 408 of the Vehicle Code, who transports passengers and is required to obtain a carrier identification number pursuant to Section 34507.5 of the Vehicle Code, but does not include persons providing transportation services specified in subdivision (k) or (l) of Section 5353.
                (b) For purposes of this chapter, "department" means the Department of the California Highway Patrol.

CALIFORNIA PUBLIC UTILITIES CODE

    5101.  This chapter may be cited as the "Household Goods Carriers Act."
   
    5102.  The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public interest.   It is the purpose of this chapter to preserve for the public the full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon such highways;  to secure to the people just, reasonable and nondiscriminatory rates for
    transportation by carriers operating upon the highways;  and to secure full and unrestricted flow of traffic by motor carriers over the highways which will adequately meet reasonable public demands by providing for the regulation of rates of all carriers so that adequate and dependable service by all necessary carriers shall be maintained and the full use of the highways preserved to the public.

    5108.  "Motor vehicle" means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, otherwise than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
   
    5109.  "Household goods carrier" includes every corporation or person, their lessees, trustee, receivers or trustees appointed by any court whatsoever, engaged in the transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state.

    5110.5.  With respect to a motor vehicle used in the transportation of property for compensation by a household goods carrier, "owner" means the corporation  or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has
    a legal right to possession of the vehicle pursuant to a lease or rental agreement.
   
    5112.  The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter.   Any provision of the Public Utilities Act in conflict with the provisions of this chapter does not apply to a household goods carrier.
   
    5352.  The use of the public highways for the transportation of passengers for compensation is a business affected with a public interest.   It is the purpose of this chapter to preserve for the public full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon the highways; to secure to the people adequate and dependable transportation by carriers operating upon the highways; to secure full and unrestricted flow of traffic by motor carriers over the highways which will adequately meet reasonable public demands by providing for the regulation of all transportation agencies with respect to accident indemnity so that adequate and dependable service by all necessary transportation agencies shall be maintained and the full use of the highways preserved to the public; and to promote carrier and public safety through its safety enforcement regulations.
   
    5353.  This chapter does not apply to any of the following:
       (a) Transportation service rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
       (b) Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code.
       (c) Common carrier transportation services between fixed termini or over a regular route which are subject to authorization pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1.
       (d) Transportation services occasionally afforded for farm employees moving to and from farms on which employed when the transportation is performed by the employer in an owned or leased vehicle, or by a nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, and without any requirement for the payment of
    compensation therefor by the employees.
       (e) Transportation service rendered by a publicly owned transit system.
       (f) Passenger vehicles carrying passengers on a noncommercial enterprise basis.
       (g) Taxicab transportation service licensed and regulated by a city or county, by ordinance or resolution, rendered in vehicles designed for carrying not more than eight persons excluding the driver.
       (h) Transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which are used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver.  This exemption also applies to a vehicle having a seating capacity of more than 15 passengers if the driver files with the commission evidence of liability insurance protection in the same amount and in the same manner as required for a passenger stage corporation, and the vehicle undergoes and passes an annual safety inspection by the Department of the California
    Highway Patrol.   The insurance filing shall be accompanied by a one-time filing fee of seventy-five dollars ($75). This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit.  "Profit," as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
       (i) Medical transportation vehicles, including vehicles employed to transport developmentally disabled persons for regional centers established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
       (j) Transportation services rendered solely within the Lake Tahoe Basin, comprising that area included within the Tahoe Regional Planning Compact as set forth in Section 66801 of the Government Code, when the operator of the services has obtained any permit required from the Tahoe Basin Transportation Authority or the City of South Lake Tahoe, or both.
       (k) Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of an automobile rental business in vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
       (l) Subject to Section 34507.6 of the Vehicle Code, transportation service provided by the operator of a hotel, motel, or other place of temporary lodging in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing.  Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
       (m) (1) Transportation of hot air balloon ride passengers in a balloon chase vehicle from the balloon landing site back to the original take-off site, provided that the balloon ride was conducted by a balloonist who meets all of the following conditions:
       (A) Does not fly more than a total of 30 passenger rides for compensation annually.
       (B) Does not provide any preflight ground transportation services in their vehicles.
       (C) In providing return transportation to the launch site from landing does not drive more than 300 miles annually.
       (D) Files with the commission an exemption declaration and proof of vehicle insurance, as prescribed by the commission, certifying that the operator qualifies for the exemption and will maintain minimum insurance on each vehicle of one hundred thousand dollars ($100,000) for injury or death of one person, three hundred thousand dollars ($300,000) for injury or death of two or more persons and one hundred thousand dollars ($100,000) for damage to property.
       (2) Nothing in this subdivision authorizes the operator of a commercial balloon operation to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384.
       (n) (1) Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
       (2) Any transportation service described in paragraph (1) shall comply with all of the following requirements:
       (A) Register as a private carrier with the commission pursuant to Section 4005.
       (B) Participate in a pull notice system for employers of drivers as prescribed in Section 1808.1 of the Vehicle Code.
       (C) Ensure compliance with the annual bus terminal inspection required by subdivision (c) of Section 34501 of the Vehicle Code.
       (D) Obtain the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:
       (i) A minimum of five hundred thousand dollars ($500,000) general liability insurance coverage for passenger vehicles designed to carry up to eight passengers.  For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional two hundred fifty thousand dollars ($250,000) general umbrella policy that covers vehicles.
       (ii) A minimum of one million  dollars ($1,000,000) general liability insurance coverage for vehicles designed to carry up to 15 passengers.  For organized camps, as defined in Section 18897 of the Health and Safety Code, an additional five hundred thousand dollars ($500,000) general umbrella policy that covers vehicles.
       (iii) A minimum of one million five hundred thousand dollars ($1,500,000) general liability insurance coverage for vehicles designed to carry more than 15 passengers, and an additional three million five hundred thousand dollars ($3,500,000) general umbrella liability insurance policy that covers vehicles.
   
    24505.  "Transit" means the transportation of passengers and their incidental baggage by any means.
   
    99209.5.  "Operates" for purposes of Sections 99209 and 99215, and "operation" for purposes of paragraph (1) of subdivision (b) of Section 99289, mean that the operator owns or leases the equipment, establishes routes and frequency of service, regulates and collects fares, and otherwise controls the efficiency and quality of the operation of the system, but does not require that operators of rolling stock be employees of a public agency.

    99210.  "Operator" means any transit district, included transit district, municipal operator, included municipal operator, or transit development board.
   
    100012.  "Transit" means the transportation of passengers and their incidental baggage by any means, and includes rapid transit.
   
    161000.  (a) The Legislature finds and declares as follows:

       (1) Transportation is vital to the state's economy, and a complete transportation system is essential in times of disaster.
       (2) Transportation corridors should be protected from uses which are incompatible with transportation requirements.
       (3) Important potential transportation corridors are being developed for other purposes.

                   (b) It is, therefore, the intent of the Legislature in enacting this division to vest in the Department of Transportation responsibility for implementing a program of transportation right-of-way protection and conservation within essential transportation corridors by acquiring and holding transportation corridor lands which would otherwise be lost to public use.
                   (c) It is the further intent of the Legislature in enacting this division to preserve land which is needed or will be needed for transportation corridors consistent with applicable environmental protection laws and regulations.





STATUTES OF CALIFORNIA 1955


Chapter 1905


Section I. Section 9603 of the Revenue and Taxation Code is amended to read:

9603. "Operator" includes:                       

 (a) Any person engaging in the transportation of persons or property for hire or compensation by or upon a motor vehicle upon any public highway in this State, either directly or indirectly.
 (b) Any person who for compensation furnishes any motor vehicle for the  transportation of persons or property under a lease or rental agreement when such person operates the motor vehicle furnished or exercises any control of, or assumes. any responsibility for the operation of the vehicle irrespective of whether the vehicle is driven by such person or the person to whom the vehicle is furnished, or engages either in whole or in part in, the transportation of persons or property in the motor vehicle furnished.

"Operator" does not include any of the following:

 (a) Any person transporting his own property in a motor vehicle owned or operated by him unless he makes a specific charge for the transportation.
 (f) Any registered owner of a pleasure vehicle who, while operating the vehicle, transports persons to his work or to a place through which he passes on the way to his work, whether for or without compensation, if he is not in the business of furnishing such transportation.
Stats. 1955, ch. 1905, p. 3515 - 3516.





WORDS

ABANDONMENT.   The surrender, relinquishment, disclaimer, or cession of property or of rights.

Deviation from route, Loper v. Morrison, 145 P.2d 4, 23 Cal.2d 600; truck driver unnecessarily permitting passenger to drive, Ginther v. J. P. Graham Transfer Co., 33 A. 2d 923, 924, 348 Pa. 60. Contra where truck driver remained on driver's seat, directing operation of truck, and watched passenger's driving, Ginther v. J. P. Graham Transfer Co., 27 A.2d 712, 714, 149 Pa.Super. 635;  and where truck driver became sick, Matzek v. United Storage & Trucking Co., 186 A. 193, 122 Pa.Super. 146.   Truck drivers becoming intoxicated and remaining from
work, Naylon v. State, Ct.C1., 40 N.Y.S.2d 587, 590;  Coal miner contrary to orders, riding on an empty car, Soroka v. Philadelphia & Reading Coal & Iron Co., 138 Pa.Super. 296, 10 A.2d.904, 907.   But automobile driver's choosing longer route by paved highways to pick up a needed change of clothing at home did not constitute an "abandonment" of his employment. Mitchell v. Mitchell Drilling Co., 154 Kan. 117, 114 P.2d 841, 844.
Black’s Law Dictionary, 4th Ed. 1951, p. 9 & 11

AUTO LIVERY SERVICE.   The business of furnishing for hire an automobile with a chauffeur,
the car to be driven where the hirer directs.   The term is also applied to the business of leasing
driverless cars. See Collette v. Page, 44 R.I. 26, 114 A. 136, 18 A.L.R. 74.  See Automobile; Drive it Yourself Cars.

AUTO STAGE.   A motor vehicle used for the purpose of carrying passengers, baggage, or
freight on a regular schedule of time and rates.  State v. Ferry Line Auto Bus Co., 99 Wash. 64,
168 P. 893, 894.  See Automobile.

AUTOMOBILE.   A vehicle for the transportation of persons or property on the highway, carrying its own motive power and not operated upon fixed tracks. 
Blashfield's Cyclopedia of Automobile Law, vol. 1, c. 1, § 2.

Etymologically, the term might include any self-propelled vehicle, as an electric street car, or a motor boat, but in popular and legal usage it is confined to a vehicle for the transportation of persons or property on terrestrial highways, carrying its own motive power and not operated
upon fixed tracks.   Bethlehem Motors Corporation v. Flynt, 178 N.C. 399, 100 S.E. 693, 694. Synonymous with "motor vehicle." State v. Ferry Line Auto Bus Co., 99 Wash. 64, 168 P. 893, 894.   "Car" as substitute or synonym. Monroe's Adm'r v. Federal Union Life Ins. Co., 251 Ky. 570, 65 S.W.2d 680, 681.   Taxicabs included. Navy Gas & Supply Co. v. Schoech, 105 Colo. 374, 98 P.2d 860, 864, 126 A.L.R. 1225.   Trolley vehicles or trolley busses excluded. City of Dayton v. Lie Brosse, 62 Ohio St. 232, 23 N.E.2d 647, 650.
Black’s Law Dictionary, 4th Ed. 1951, p. 169 - 170

BACK-SEAT DRIVER.   A highly nervous passenger whether sitting in rear or by driver, who by unwarranted advice and warnings interferes in careful operation of automobile. Winters v. York Motor Express Co., 116 Pa.Super. 421, 176 A. 812, 815.
Black’s Law Dictionary, 4th Ed. 1951, p. 175

BOB-TAIL DRIVER.   A person collecting and delivering laundry without being subject to complete control of employer. Ring v. City Dry Cleaners, Fla., 152 Fla. 622, 12 So.2d 593, 594.
Black’s Law Dictionary, 4th Ed. 1951, p. 220

CAR'RIER, n. [See Carry.]   One who carries; that which carries or conveys ; also a messenger.
2. One who is employed to carry goods for others for a reward; also, one whose occupation
is to carry goods for others, called a common carrier; a porter-
Webster’s Dictionary, 1828 (no page numbers provided in original)

CARRY:   Carrying trade, the trade which consists in the transportation of goods by water from
country to country, or place to place.
Webster’s Dictionary, 1828 (no page numbers provided in original)

CARRIERS, contracts.   There are two kinds of carriers, namely, common carriers, (q.v.) who have been considered under another head; and private carriers.   These latter are persons who, although they do not undertake to transport the goods of such as choose to employ them, yet agree to carry the goods of some particular person for hire, from one place to another.
    2. In such case the carrier incurs no responsibility beyond that of any other ordinary bailee for hire, that is to say, the responsibility of ordinary diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 Wend. R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; Story on Bailm, Sec. 495. But in Gordon v. Hutchinson, 1 Watts & Serg.
285, it was holden that a Wagoner Who carries goods for hire, contracts, the responsibility of a common carrier, whether transportation be his principal and direct business, or only an occasional and incidental employment.
    3. To bring a person within the description of a common carrier, he must exercise his business as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business; not as a casual occupation pro hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R.
14; 1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.
Bouvier’s Law Dictionary, 1856, p. 14

COMMON CARRIER, contracts.   One who undertakes for hire or reward to transport the goods of any who may choose to employ him, from place to place. 1 Pick. 50, 53; 1 Salk. 249, 250; Story, Bailm. Sec. 495 1 Bouv. Inst. n. 1020.
    2.  Common carriers are generally of two descriptions, namely, carriers by land and carriers by water.   Of the former description are the proprietors of stage coaches, stage wagons or expresses, which ply between different places, and' carry goods for hire; and truckmen, teamsters, cartmen, and porters, who undertake to carry goods for hire, as a common employment, from one part of a town or city to another, are also considered as common carriers.   Carriers by water are the masters and owners of ships and steamboats engaged in the transportation of goods for persons generally, for hire and lightermen, hoymen, barge-owners, ferrymen, canal boatmen, and others employed in like manner, are so considered.
    3.  By the common law, a common carrier is generally liable for all losses which may occur to property entrusted to his charge in the course of business, unless he can prove the loss happened in consequence of the act of God, or of the enemies of the United States, or by the act of the owner of the property. 8 S. & R. 533; 6 John. R. 160; 11 John. R. 107; 4 N. H. Rep.
304; Harp. R. 469; Peck. R. 270; 7 Yerg. R. 340; 3 Munf. R. 239; 1 Conn. R. 487; 1 Dev. & Bat. 273; 2 Bail. Rep. 157.
    4.  It was attempted to relax the rigor of the common law in relation to carriers by water, in 6 Cowen, 266; but that case seems to be at variance with other decisions. 2 Kent,. Com. 471, 472; 10 Johns. 1; 11 Johns. 107.
5.  In respect to carriers by land, the rule of the common law seems every where admitted in its full rigor in the states governed by the jurisprudence of the common law. Louisiana follows the doctrine of the civil law in her code.   Proprietors of stage coaches or wagons, whose employment is solely to carry passengers, as hackney coachmen, are not deemed common carriers;  but if the proprietors of such vehicles for passengers, also carry goods for hire, they are, in respect of such goods, to be deemed common carriers. Bac. Ab. Carriers, A;  2 Show. Rep. 128 1 Salk. 282 Com. Rep. 25; 1 Pick. 50 5 Rawle, 1 79.   The like reasoning applies to packet ships and steam-boats, which ply between different ports, and are accustomed to carry merchandise as well as passengers. 2 Watts. R. 443; 5 Day's Rep. 415; 1 Conn. R. 54; 4 Greenl. R. 411; 5 Yerg. R. 427; 4 Har. & J. 291; 2 Verm. R. 92; 2 Binn. Rep. 74; 1 Bay, Rep. 99; 10 John. R. 1; 11 Pick. R. 41; 8 Stew. and Port. 135; 4 Stew. & Port. 382; 3 Misso. R. 264; 2 Nott. & M. 88. But see 6 Cowen, R. 266.   The rule which makes a common carrier responsible for the loss of goods, does not extend to the carriage of persons;  a carrier of slaves is, therefore, answerable only for want of care and skill. 2 Pet. S. C. R. 150. 4 M'Cord, R. 223; 4 Port. R. 238.
    6.  A common carrier of goods is in all cases entitled to demand the price of carriage before he receives the goods, and, if not paid, he may refuse to take charge of them;  if, however, he take charge of them without the hire being paid, he may afterwards recover it. The compensation which becomes due for the carriage of goods by sea, is commonly called freight (q.v.); and see also, Abb. on Sh. part 3, c. 7.   The carrier is also entitled to a lien on the goods for his hire, which, however, he may waive; but if once waived, the right cannot be resumed. 2 Kent, Com. 497.   The consignor or shipper is commonly bound to the carrier for the hire or freight of goods. 1 T. R. 659.   But whenever the consignee engages to pay it, he also becomes responsible. It is usual in bills of lading to state, that the goods are to be delivered to the consignee or to his assigns, he or they paying freight, in which case the consignee and his assigns, by accepting the goods, impliedly become bound to pay the freight, and the fact that the consignor is also liable to pay it, will not, in such case, make any difference. Abbott on Sh. part 3, o. 7, Sec. 4.
    7.  What is said above, relates to common carriers of goods.   The duties, liabilities, and rights of carriers of passengers, are now to be considered.   These are divided into carriers of passengers on land, and carriers of passengers on water.
    8.  First, of carriers of passengers on land.   The duties of such carriers are, 1st. those which arise on the commencement of the journey.   1.  To carry passengers whenever they offer themselves and are ready to pay for their transportation.   They have no more right to refuse a passenger, if they have sufficient room and accommodation, than an innkeeper has to refuse a
guest. 3 Brod. & Bing. 54; 9 Price's R. 408; 6 Moore, R. 141; 2 Chit. R. 1; 4 Esp. R. 460; 1 Bell's Com. 462; Story, Bailm. Sec. 591.
    9. - 2.  To provide coaches reasonably strong and sufficient for the journey, with suitable horses, trappings and equipments.
    10. - 3.  To provide careful drivers of reasonable skill and. good habits for the journey; and to employ horses which are steady and not vicious, or likely to endanger the safety of the passengers.
    11. - 4.  Not to overload the coach either with passengers or luggage.
    12. - 5.  To receive and take care of the usual luggage allowed to every passenger on the journey. 6 Hill, N. Y. Rep. 586.
    13. - 2d.  Their duties on the progress of the journey. 1. To stop at the usual places, and allow the..Usual intervals for the refreshment of the passengers. 5 Petersd. Ab. Carriers, p. 48, note.
    14. - 2.  To use all the ordinary precautions for the safety of passengers on the road.
    15. - 3d.  Their duties on the termination of the journey. 1. To carry the passengers to the end of the journey.
    16. - 2.  To put them down at the usual place of stopping, unless there has been a special contract to the contrary, and then to put them down at the place agreed upon. 1 Esp. R. 27.
    17.  The liabilities of such carriers.   They are bound to use extraordinary care and diligence to carry safely those whom they take in their coaches. 2 Esp. R. 533; 2 Camp. R. 79; Peake's R. 80. But, not being insurers, they are not responsible for accidents, when all reasonable skill and diligence have been used.
    18.  The rights of such carriers.   1. To demand and receive their fare at the time the passenger takes his seat.   2. They have a lien on the baggage of the passenger for his fare or passage money, but not on the person of the passenger nor the clothes he has on. Abb. on Sh. part 3, c. 3, Sec. 11; 2 Campb. R. 631.
    19.  Second, carriers of passengers by water.   By the act of Congress of 2d March, 1819, 3 Story's Laws U. S. 1722, it is enacted, 1. that no master of a vessel bound to or from the United States shall take more than two passengers for every five tons of the ship's custom-house measurement.   2.  That the quantity of water and provisions, which shall be taken on board and secured under deck, by every Ship bound from the United States to any port on the continent of Europe, shall be sixty gallons of water, one hundred pounds of salted provisions, one gallon of vinegar, and one hundred pounds of wholesome ship bread for each passenger, besides the stores of the crew.   The tonnage here mentioned, is the measurement of the custom-house;  and in estimating the number of passengers in a vessel, no deduction is to be made for children or persons not paying, but the crew is not to be included.
Gilp. R. 334.
    20.  The act of Congress of February 22, 1847, section 1, provides:  "That if the master of any vessel, owned in whole or in part by a citizen of the United States of America, or by a citizen of any foreign country, shall take on board such vessel, at any foreign port or place, a greater number of passengers than in the following proportion to the space occupied by them and appropriated for their use, and unoccupied by stores or other goods, not being the personal luggage of such passengers, that is to say, on the lower deck or platform one passenger for every fourteen clear superficial feet of deck, if such vessel is not to pass within the tropics during such voyage;  but if such vessel is to pass within the tropics during such voyage, then one passenger for every twenty such clear superficial feet of deck, and on the orlop deck (if any) one passenger for every thirty such superficial feet in all cases, with intent to bring such passengers to the United States of America, and shall leave such port or, place with the same, and bring the same, or any number thereof, within the jurisdiction of the United States aforesaid, or if any such master of a vessel shall take on board of his vessel at any port or place within the jurisdiction of the United States aforesaid, any greater number of passengers than the proportions aforesaid admit, with intent to carry the same to any foreign port or place, every such master shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any circuit or district court of the United States aforesaid, shall, for each passenger taken on board beyond the above proportions, be fined in the sum of fifty dollars, and may also be imprisoned for any term not exceeding one year:  Provided, That this act shall not be construed to permit any ship or vessel to carry more than two passengers to five tons of such ship or vessel."
    21.  Children under one year of age not to be computed in counting the passengers, and those over one year and under eight, are to be counted as two children for one passenger, Sect. 4. But this section is repealed so far as authorizes shippers to estimate two children of eight years of age and under as one passenger by the act of March 2, 1847, s. 2.
    22.  In New York, statutory regulations have been made in relation to their canal navigation. Vide 6 Cowen's R. 698.   As to the conduct of carrier vessels on the ocean, Vide Story, Bailm. Sec. 607 et seq;  Marsh. Ins. B. 1, c. 12, s. 2. And see, generally, 1 Vin. Ab. 219; Bac. Ab. h.t.; 1 Com. Dig. 423;  Petersd. Ab. h.t.; Dane's Ab. Index, h.t.;  2 Kent, Com. 464;  16 East, 247, note; Bouv. Inst. Index, h.t.
    23.  In Louisiana carriers and watermen are subject, with respect to the safe-keeping and preservation of the things entrusted to them, to the same obligations and duties, as are imposed on tavern keepers; Civ. Code, art. 2722;  that is, they are responsible for the effects which are brought, though they were not delivered into their personal care; provided, however, they were delivered to a servant or person in their employment; art. 2937.   They are responsible if any of the effects be stolen or damaged, either by their servants or agents, or even by strangers; art. 2938; but they are not responsible for what is stolen by force of arms or with exterior breaking open of doors, or by any other extraordinary violence;  art. 2939.   For the authorities on the subject of Common carriers in the civil law, the reader is referred to Dig. 4, 9, 1 to 7;  Poth. Pand. lib. 4, t. 9; Domat liv. 1, t. 16, S. 1 and 2;  Pard. art. 537 to 555; Code Civil, art. 1782, 1786, 1952; Moreau & Carlton, Partidas 5, t. 8, 1. 26; Ersk. Inst. B. 2, t. 1, Sec. 28;  1 Bell's Com. 465; Abb. on Sh. part 3, c. 3, Sec. 3, note (1);  1 Voet, ad Pand. lib. 4, t. 9; Merl. Rep. mots Voiture, Voiturier; Dict. de Police, Voiture.
Bouvier’s Law Dictionary, 1856, p. 89 - 93

COMMON CARRIERS.   A common carrier is one whose regular business or calling it is to carry chattels for all persons who may choose to employ and remunerate him. Schouler. BaUm. 297.
    Everyone who offers to the public to carry persons, property or messages, excepting
only telegraphic messages, is a common carrier or whatever he thus offers to carry.   Civil
Cod. Cal. § 2168.
    A common carrier is one who holds himself out to the public to carry persons or freight for hire. 24 Conn. 479.
    At common law, a common carrier is an insurer of the goods intrusted to him, and be is responsible for all losses of the same, save such as are occasioned by the act of God or the public enemy. 15 Minn.279, (Gil. 208.)

    Common carriers are of two kinds, - by land, as owners of stages, stage-wagons, railroad cars, teamsters, cartmen, draymen, and porters;  and by water, as owners of ships,
steam-boats, barges, ferrymen, lightermen, and canal boatmen. 2 Kent, Comm. 597.

COMMON CARRIERS OF PASSENGERS.  Common carriers of passengers are such as undertake for hire to carryall persons indifferently who may apply for passage. Thomp. Carr. p. 26. n. § 1.
Black’s Law Dictionary, 1st Ed. 1891, p. 230 - 231

CARRIER.  One who undertakes to transport persons or property from place to place, by any means of conveyance, and with or without compensation.

Common and private carriers.   Carriers are either common or private.   Private carriers are persons who undertake for the transportation in a particular instance only, not making it their vocation, nor holding themselves out to the public as ready to act for all who desire their services. Allen v. Sackrider, 37 N. Y. 341.   To bring a person within the description of a common carrier, he must exercise it as a public employment;  be must undertake to carry goods for persons generally;  and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.  Alexander v. Greene, 7 Hill (N. Y.) 564, Bell v. Pidgeon, (D. C.) 5 Fed. 634:  Wyatt v. Irr. Co., 1 Colo. App. 480, 29 Pac. 906. A common carrier may therefore be defined as one who, by virtue of his calling and as a regular business, undertakes for hire to transport persons or commodities from place to place, offering his services to all such as may choose to employ him and pay his charges. Iron Works v. Hurlbut, 158 N. Y. 34. 52 N. E. 665. 70 Am. St. Rep. 432: Dwight v. Brewster. 1 Pick. (Mass.) 53. 11 Am. Dec. 133;  Railroad Co. v. Waterbury Button Co., 24 Conn. 479: Fuller v. Bradley. 25 Pa. 120: McDuffee v. Railroad Co.. 52 N. H. 447, 13 Am. Rep. 72;  Piedmont Mfg. Co. v. Railroad Co., 19 S. C. 364.  By statute in several states it is declared that every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.  Civ. Code Cal. §2168; Civ. Code Mont. §2870; Rev. St. Okl. 1903 §700: Civ. Code N. D. 1903. §1899 . Common carriers are of two kinds, - by land, as owners of stages, stage-wagons, railroad cars, teamsters, cartmen, draymen, and porters: and by water, as owners of ships, steam-boats, barges, ferrymen, lightermen, and canal boatmen. 2 Kent. Comm. 597. - Common carriers of passengers.   Common carriers of passengers are such as undertake for hire to carry all persons indifferently who may apply for passage.  Gillingham v. Railroad Co.. 35 W. Va.. 588.  14 S. E. 243, 14 L. R. A. 798,  29 Am. St. Rep. 827; Electric Co. v. Simon, 20 Or. 60. 25 Pac. 147, 10 L.  R. A. 251, 23 Am. St. Rep. 86: Richmond v. Southern Pac. Co., 41 Or. 54., 67 Pac. 947, 57 L. R. A. 616, 93 Am. St. Rep. 694.
Black’s Law Dictionary, 2nd Ed. 1910, p. 172

CARTMEN.  Carriers who transport good and merchandise in carts, usually for short distances, for hire.
Black’s Law Dictionary, 2nd Ed. 1910, p. 173

CAR'RIER, n. [See Carry.]   One who carries; that which carries or conveys ; also a messenger. 2. One who is employed to carry goods for others for a reward; also, one whose occupation is to carry goods for others, called a common carrier; a porter-
    Webster’s Dictionary, 1828 (no page numbers provided in original)

CARRY:   Carrying trade, the trade which consists in the transportation of goods by water from country to country, or place to place.
Webster’s Dictionary, 1828 (no page numbers provided in original)
   
CARRIERS, contracts.   There are two kinds of carriers, namely, common carriers, (q.v.) who have been considered under another head; and private carriers.   These latter are persons who, although they do not undertake to transport the goods of such as choose to employ them, yet agree to carry the goods of some particular person for hire, from one place to another.
        2. In such case the carrier incurs no responsibility beyond that of any other ordinary bailee for hire, that is to say, the responsibility of ordinary diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 Wend. R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; Story on Bailm, Sec. 495. But in Gordon v. Hutchinson, 1 Watts & Serg.
    285, it was holden that a Wagoner Who carries goods for hire, contracts, the responsibility of a common carrier, whether transportation be his principal and direct business, or only an occasional and incidental employment.
        3. To bring a person within the description of a common carrier, he must exercise his business as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business; not as a casual occupation pro hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R.
    14; 1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.
Bouvier’s Law Dictionary, 1856, p. 14

COMMERCIAL.  Relating to or connected with trade and traffic or commerce in general.  “Zante  Currents”, C.C.Cal.,73 F. 189.  Occupied with commerce.  Bowles v. Co-Operative G. L. F. Farm Products,  D.C.N.Y., 53 F. Supp. 413, 415.
Black’s Law Dictionary, 4th Ed., p. 337

COMMERCE. The various agreements which have for their object facilitating trade exchange of the products of the earth or the industry of man, with an intent to realize a profit. Pard. Droit Com. n. 1. A general term including to be specific contracts of sale and exchange.
   
Commerce is the interchange or mutual change of goods, productions, or property of any kind between nations or individuals. Transportation is the means by which commerce is carried on. 45 Iowa. 838
Black’s Law Dictionary, 1st Ed. 1891
   
COMMERCE. The exchange of goods, productions, or property of any kind. Jeu Jo Wan v. Nagle, C.C.A.Cal., 9 F.2d 309, 310.
   
Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transportation of persons as well as of goods, both by land and by sea. Brennan v. Titusville, 14 S.Ct. 829, 153 U.S. 289, 38 L. Ed. 719; Railroad Co. v. Fuller, 17 Wall. 568, 21 L.Ed. 710; Hoke v. United States, 33 S.Ct. 281, 283, 227 U.S. 308, 57 L.Ed. 523, 43 L.R.A.,N.S., 906, Ann.Cas.1913E, 905. Also interchange of ideas, sentiments, etc., as between man and man. U. S. v. Eason Oil Co., D.C.Okl., 8 F.Supp. 365, 368.

Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labor, transportation, intelligence, care and various mediums of exchange, become commodities and enter into commerce; the subject, the vehicle, the agent, and their various operations become the objects of commercial regulation. Lorenzetti v. American Trust Co., D.C.Cal., 45 F.Supp. 128, 132.
Black’s Law Dictionary, 4th Ed. 1951

DRIVER.   One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals.
    2. Frequent accidents occur in consequence of the neglect or want of skill of drivers of public stage coaches, for which the employers are responsible.
    3. The law requires that a driver should possess reasonable skill and be of good habits for the journey; if, therefore, he is not acquainted with the road he undertakes to drive; 3 Bingh. Rep. 314, 321;  drives with reins so loose that he cannot govern his horses; 2 Esp. R. 533; does not give notice of any serious danger on the road; 1 Camp. R. 67; takes the wrong side of the road; 4 Esp. R. 273; incautiously comes in collision with another carriage;  1 Stark. R. 423; 1 Campb. R. 167; or does not exercise a sound and reasonable discretion in travelling on the road, to avoid dangers and difficulties, and any accident happens by which any passenger is
injured, both the driver and his employers will be responsible. 2 Stark. R. 37; 3 Engl. C. L. Rep. 233; 2 Esp. R. 533; 11. Mass. 57; 6 T. R. 659; 1 East, R. 106; 4 B. & A. 590; 6 Eng. C. L. R. 528; 2 Mc Lean, R. 157. Vide Common carriers Negligence; Quasi Offence.
Bouvier’s Law Dictionary, 1856, p 153

DRIVE, n. Passage in a carriage.
Webster’s Dictionary, 1828 (no page numbers provided in original)

DRIVER.   One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals.
Black’s Law Dictionary, 1st Ed. 1891, p. 395

DRIVER.   One employed in conducting 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.  See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344. 36 L. R. A. 615: Gen. St. Conn. 1902.  §2038; Isaacs v. Railroad Co., 47 N. Y. 122. 7 Am. Rep. 418.
Black’s Law Dictionary, 2nd Ed. 1910, p. 398

DRIVER.   One employed in conducting 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.  See Davis v. Petrinovich, 112 Ala. 654, 21 South. 344. 36 L. R. A. 615:  Gen. St. Conn. 1902.  §2038; Isaacs v. Railroad Co., 47 N. Y. 122. 7 Am. Rep. 418.
Black’s Law Dictionary, 3rd Ed. 1933, p. 622

DRIVE-IT-YOURSELF CARS.   A term used to describe automobiles which their owners, as a regular business, rent out for hire without furnishing drivers. City of Rockford v. Nolan, 316 Ill. 60, 146 N. E. 564. See, also, Welch v. Hartnett, 127 Misc. 221, 215 N. Y. S. 540 ; White v. Holmes, 89 Fla. 251, 103 So. 623 ; Blashfield's Cyclopedia of Automobile Law, p. 2802.
Black’s Law Dictionary, 3rd Ed. 1933, p. 622

DRIVER.   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.  Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97.
Black’s Law Dictionary, 4th Ed. 1951, p. 585

DRIVE-IT-YOURSELF CARS.   A term used to describe automobiles which their owners, as a regular business, rent out for hire without furnishing drivers. City of Rockford v. Nolan, 316 Ill. 60, 146 N. E. 564. See, also, Welch v. Hartnett, 127 Misc. 221, 215 N. Y. S. 540 ; White v. Holmes, 89 Fla. 251, 103 So. 623 ; Blashfield's Cyclopedia of Automobile Law, p. 2802.
Black’s Law Dictionary, 3rd Ed. 1933, p. 622

INTERSTATE COMMERCE.  Traffic, intercourse, commercial trading, or the transportation of persons  or property between or among the several states of the Union, or from between points in one state and  points in another state; commerce between the states, or between places in different states. It comprehends all the component parts of commercial intercourse between different states.
Black’s Law Dictionary, 4th Ed., p. 955

PASSENGER.  A person whom a common carrier has contracted to carry from place to another, and has in the course of the performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of conveyance.  96 Pa. St. 267.
Black’s Law Dictionary, 1st Ed. 1891, p. 877

PASSENGER.  A person whom a common carrier has contracted to carry from place to another, and has in the course of the performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of conveyance. Bricker v. Philadelphia &: R. R. Co., 132 Pa. 1, 18 Atl. 983, 19 Am. St. Rep. 585, Schepers v. Union Depot R. Co., 126 Mo. 665, 29 S. W. 712; Pennsylvania R. Co. v. Price, 96 Pa. 250; The Main v. Williams, 152 U. S. 122, 14 Sup. Ct. 486, 38 L. Ed. 381; Norfolk & W. R. Co. v. Tanner, 100 Va. 379, 41 S. E. 721.
Black’s Law Dictionary, 2nd Ed., p. 879 - 880

PASSENGER.  A person whom a common carrier has contracted to carry from one place to another, and has, in the course of the performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of conveyance. Bricker v. Philadelphia & R. R. Co., 132 Pa. 1, 18 A. 983, 19 Am.St. Rep. 585; Schepers v. Union Depot R. Co., 126 Mo. 665, 29 S.W. 712; Pennsylvania R. Co. v. Price, 96 Pa. 256; The Main v. Williams, 14 S.Ct. 486, 152 U.S. 122, 38 L.Ed. 381; Horne v. Southern Ry. Co., 186 S.C. 525, 197 S.E. 31, 35, 116 A.L.R. 745.
       
One carried for hire, or reward, as distinguished from a "guest" who is one carried gratuitously, that is, without any financial return except such slight benefit as is customary as part of the ordinary courtesy of the road. Duncan v. Hutchinson, 139 Ohio St. 185, 39 N.E.2d 140, 142.
Black’s Law Dictionary. 4th Ed., 1951, p. 1280

PASSENGER, n. One who is traveling, as in a public coach, or in a ship,...
Webster’s Dictionary 1828

Traffic.  1. Business or trade, commerce. 2. Transportation. 3. The movement of vehicles on street or highway, as, the traffic is very heavy today.
Webster's Unified Dictionary and Encyclopedia, International Illustrated Edition (1960)

Traffic.  Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of goods or commodities from one person to another for an equivalent in goods or money. Senior v. Ratterman, 44 Ohio St. 673, 11 N.E. 321; People v. Horan, 293 Ill. 314, 127 N.E. 673, 674; People v. Dunford, 207 N.Y. 17, 100 N.E. 433, 434; Fine v. Morgan, 74 Fla. 417, 77 So. 533, 538; Bruno v. U. S. (C.C.A.) 289 F. 649, 655.
   
Traffic includes the ordinary uses of the streets and highways by travelers. Stewart v. Hugh Nawn Contracting Co., 223 Mass. 525, 112 N.E. 218, 219; Withey v. Fowler Co., 164 Iowa, 377, 145 N.W. 923, 927.
Black’s Law Dictionary, 3rd Ed. 1933

TRAFFIC.  Commerce; trade; sale or exchange of merchandise, bills, money, and the like.  The passing of  goods or commodities from one person to another for an equivalent in goods or money.  Senior v. Ratterman,  44 Ohio St. 673, 11 N.E. 321; Fine v. Moran, 74 Fla. 417, 77 So. 533, 538; Bruno v. U.S., C.C.A.Mass., 289 F.  649, 655; Kroger Grocery and Baking Co. V. Schwer, 36 Ohio App. 512, 173 N.E. 633.  The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or  vessels, along a route of transportation, as a long a street, canal etc.  United States v. Golden Gate Bridge  and Highway Dist. of California , D.C.Cal., 37 F. Supp. 505, 512.
Black’s Law Dictionary. 4th Ed., p. 1667

Traffic.   Commerce, trade, sale or exchange of merchandise, bills, money and the like.
Bouvier’s Law Dictionary, 1856

Traffic.  Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing or exchange of goods or commodities from one person to another for an equivalent in goods and money. The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vegetables, or vessels, along a route of transportation, as along a street, highway, etc.
Black’s Law Dictionary, 6th Ed.

Transportation.  1. The act or business of moving passengers and goods. 2. The means of conveyance used. 3. Banishment, esp. of convicts to a penal colony.
Webster's Unified Dictionary and Encyclopedia, International Illustrated Edition (1960)

Transportation.  punishment. In the English law, this punishment is inflicted by virtue of sundry statutes; it was unknown to the common law. 2 H. Bl. 223. It is a part of the judgment or sentence of the court, that the party shall be transported or sent into exile. 1 Ch. Cr. Law, 789 to 796: Princ. of Pen. Law, c. 42.
Bouvier’s Law Dictionary, 1856

Transportation.  The removal of goods or persons from one place to another, by a carrier. See Railroad Co. v. Pratt, 22 Wall. 133, 22 L.Ed. 827; Interstate Commerce Com'n v. Brimson, 154 U.S. 447, 14 Sup.Ct. 1125, 38 L.Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196, 5 Sup.Ct. 826, 29 L.Ed. 158.
   
Under Interstate Commerce Act, (49 USCA sec. 1 et seq.), "transportation" includes the entire body of services rendered by a carrier in connection with the receipt, handling, and delivery of property transported, and includes the furnishing of cars. Pletcher v. Chicago, R. L. & P. Ry. Co., 103 Kan. 834, 177 P. 1, 2.
Black’s Law Dictionary, 3rd Ed. 1933

TRANSPORTATION.  The removal of goods or persons from one place to another, by a carrier. Railroad  Co. v. Pratt, 22 Wall. 133, 22 L.Ed. 827; Interstate Commerce Com’n v. Brimson, 14 S.Ct. 1125, 154 U.S.  447, 38 L.Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S.Ct. 826, 114 U.S. 196, 29 L.Ed. 158
Black’s Law Dictionary, 4th Ed., 1951, p. 1670

Transportation.  The movement of goods or persons from one place to another, by a carrier.
Black’s Law Dictionary, 6th Ed.

Transportation.  "transports" or "transportation" means the movement of property and loading, unloading, or storage incidental to the movement.
Title 49 U.S.C. § 5102(12)

Transportation - Words and Phrases

    See State v. Western Trans Co. (1950, Iowa) 43 N.W.2d 739 [The judge, after giving his conclusion, goes on to give examples of "transportation" - all involving the movement of persons or goods for hire.]
   
Automobile:  'An "automobile" is a motor vehicle.' Jernigan v. Hanover Fire Ins. Co. of N.Y., 60 S.E.2d 847, 848, 235 N.C. 334. [Words & Phrases, Automobiles, pg. 640] 'The word "automobile" in Motor Vehicle Act * * * requiring highest degree of care in operation * * *; such requirement being in derogation of common law, and therefore to be strictly construed…' Walinitz v. Werner, Mo.App., 241 S.W. 668, 669. [Words & Phrases, Automobiles, pg. 645] 'The term "automobile" is the general name which has been adopted by popular use and approval, for all forms of self-propelling vehicles for use on highways and streets for general freight and passenger service.' Life & Casualty Service ins. Co. of Tennessee v. Roland, 165 S.E. 293, 294, 45 Ga.App. 467. [Words & Phrases, Automobiles, pg. 648]


freight

Also found in: Thesaurus, Legal, Financial, Acronyms, Idioms, Encyclopedia, Wikipedia.
freight  (frāt)

n.

    1. Goods carried by a vessel or vehicle, especially by a commercial carrier; cargo.
   
    2. A burden; a load.
   
    3.
        a. Commercial transportation of goods.
        b. The charge for transporting goods. Also called freightage.

    4. A railway train carrying goods only.

tr.v. freight·ed, freight·ing, freights

1. To convey commercially as cargo.

2. To load with goods to be transported.

[Middle English fraught, freight, from Middle Dutch or Middle Low German vracht, vrecht; see aik- in Indo-European roots.]
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

freight (freɪt)

n
1. (Commerce)

    a. commercial transport that is slower and cheaper than express
    b. the price charged for such transport
    c. goods transported by this means
    d. (as modifier): freight transport.

2. (Commerce) chiefly Brit a ship's cargo or part of it

vb (tr)

3. (Commerce) to load with goods for transport

4. (Commerce) chiefly US and Canadian to convey commercially as or by freight
5. to load or burden; charge
[C16: from Middle Dutch vrecht; related to French fret, Spanish flete, Portuguese frete]
ˈfreightless adj
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

freight (freɪt)

n.

1. goods, cargo, or lading transported for pay.

2. the ordinary means of transport of goods provided by common carriers.

3. the charges for such transportation.

4. freight train.

5. Slang. cost; price.

v.t.

6. to load; burden.

7. to load with goods or merchandise for transportation.

8. to transport as freight.
[1350–1400; < Middle Dutch or Middle Low German vrecht]
Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.

freight

Past participle: freighted
Gerund: freighting

http://www.thefreedictionary.com/freight








COMMERCE = TRAN$PORT = COMMERCE = TRAN$PORTATION = BU$INE$$ = TRAFFIC = COMMERCE





CODE OF FEDERAL REGULATIONS

Title 49, Volume 4, Parts 200 to 399

Revised as of October 1, 1999
      
Page 859 - 865
 
TITLE 49 -- TRANSPORTATION

CHAPTER III -- FEDERAL HIGHWAY ADMINISTRATION,

DEPARTMENT OF TRANSPORTATION
 
PART 390 -- FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

 Subpart A -- General Applicability and Definitions

Sec. 390.5  Definitions.

    Driver means any person who operates any commercial motor vehicle.

    Interstate commerce means trade, traffic, or transportation in the United States--
   
        (1) Between a place in a State and a place outside of such State (including a place outside of the United States);
        (2) Between two places in a State through another State or a place outside of the United States; or
        (3) Between two places in a State as part of trade, traffic, or transportation
   
    Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ``interstate commerce.''
   
    Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property,

    Operator -- See driver.

    One  who drives an automobile is an operator within meaning of the Motor Vehicle Act.
   
While, as pointed out in Bosse v. Marye, supra, one may be an operator of an automobile within the meaning of the Motor Vehicle Act without actually driving the same, on the other hand, under the definition applying under the terms of the act, one who actually drives the machine is an operator. (Sec. 18 of Motor Vehicle Act; Stats. 1923, p. 519.)
HELEN I. PONTIUS v. G. T. McLAIN et al. (1931), 113 Cal. App. 452, Civ. No. 350, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT



TITLE 18, UNITED STATES CODE, SEC. 31

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

Sec. 31. Definitions

When used in this chapter the term  - 

''Motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.   ''Used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;

CALIFORNIA VEHICLE CODE

Section 15210(p)(8):   In the absence of a federal definition, existing definitions under this code shall apply.




WEST’S ANNOTATED

COMMERCIAL CODE

© 1990

    §9109.  Classification of Goods:“Consumer goods”;  “Equipment”; “Farm Products”; “Inventory”                               
   
    Goods are

            (1)  “Consumer goods” if they are used or bought for use primarily for personal, family or household purposes;
          
            (2) “Equipment” if they are used or bought for the use primarily in business (including farming or a profession) or by a debtor who is a nonprofit organization or a government subdivision or agency or if the goods are not included in the definitions of inventory, farm products, or consumer goods.

California Code Comment

By John A. Bohn and Charles J. Williams

    Prior California Law   

            1.  The classification of goods in this section is new statutory law.  The significance of this classification is described in Official Comment 1.
          
            Although goods cannot belong to more than one category at any time, they may change their classification depending upon who holds them and for what reason.  Each classification is mutually exclusive but the four classifications described are intended to include all goods.
            Official Comment 2.

CIVIL CODE
PART 3.  PERSONAL OR MOVABLE PROPERTY
TITLE 1.  PERSONAL PROPERTY IN GENERAL

    1689.5.  As used in Sections 1689.6 to 1689.11, inclusive, and in Section 1689.14:
   
            (c) "Goods" means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code,

CIVIL CODE

    1791.  As used in this chapter:

        (a) "Consumer goods" means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. "Consumer goods" shall include new and used assistive devices sold at retail.

Code of Civil Procedure

    481.100.  "Equipment" means tangible personal property in the possession of the defendant and used or bought for use primarily in the defendant's trade, business, or profession if it is not included in the definitions of inventory or farm products.   


“Automobile owned by individual not in business is ‘consumer goods’”. 
In re Rave, 7 UCC rep. Serv 258.
   
“An automobile purchased for personal and family use was ‘consumer goods’”. 
Bank of Boston v. Jones, 4 UCC Rep. Serv. 1021, 236 A.2d. 484

“The use of an automobile by its owner for purposes of traveling to and from his work is a personal, as opposed to a business use as that term is defined in the California Commercial Code 9109(1), and the automobile will be classified as ‘consumer goods’ rather than equipment.  The phraseology of §9102(2) defining goods used or bought for use primarily in business seems to contemplate a distinction between the collateral automobile ‘in business’ and the mere use of the collateral automobile for some commercial, economic or income producing purpose by one not engaged in ‘business’”.
In re Barnes, 11 USS rep. Serv. 697 (1972)                   
   
“So long as one uses his private property  for private purposes and does not devote it to the public use, the public has no interest in it and no voice in its control. 
Associated Pipe v. Railroad Commission, 176 Cal. 518.

“Under the UCC §9-109 there is a real distinction between goods purchased for personal use and those purchase for business use.  The two are mutually exclusive and the principal use to which the property is put should be considered as determinitive”.
James Talcott, Inc. v. Gee, 5 UCC rep. Serv. 1028, 266 Cal.App.2d. 384, 72 Cal..Reptr. (1968).


                                       
“The use to which an item is put rather than its physical characteristics determine whether it should be classified as ‘consumer goods’ under UCC §9-109(1) or ‘equipment’ under UCC §9-109(2)”. 
Grimes v. Massey Ferguson, Inc., 23 UCC Rep. Serv. 655, 355 So. 2d. 338 (Ala., 1978)
   
“The classification of goods in UCC §9-109 are mutually exclusive”. 
McFadden v. Mercantile-Safe Deposit & Trust Co., 8 UCC Rep. Serv. 766, 260 Md. 601, 273, A.2d. 198 (1971)
   
“The term ‘household goods’ includes everything about the house that is usually held and enjoyed therewith and that tends to the comfort and accommodation of the household”. 
Lawwill v. Lawwill, 515 P.2d. 900, 903, 21 Ariz.App.75 , 19A Words and Phrases - Permanent Edition (West) pocket part 94.
                   
“Automobile purchased for the purpose of transporting buyer to and from his place of employment was ‘consumer goods’ as defined in UCC §9-109". 
Mallicoat v. Volunteer Finance & Loan Corp., 3 UCC Rep. Serv.  1035, 415 S.W.2d. 347 (Tenn.App., 1966)   
   
“A carriage is peculiarly a family or household article.  It contributes in a large degree to the health, convenience, comfort and welfare of the householder or of the family”. 
Arthur v. Morgan., 113 U.S. 495, 500, 5 S.Ct. 241, 243 (S.D.Ny 1884)

Personal liberty, which is guaranteed to every citizen under our constitution and laws, consists of the right to locomotion, - to go where one pleases, and when, and to do that which may lead to one's business or pleasure, only restrained as the rights to others may make it necessary for the welfare of all other citizens.   One may travel along the public highways or in public places; and while conducting themselves in a decent and orderly manner, disturbing no other, and interfering with the rights of no other citizens, there, they will be protected under law, not only their persons, but in their safe conduct.  The constitution and the laws are framed for the public good, and the protection of all citizens from the highest to the lowest; and no one may be restrained of his liberty, unless he transgressed some law.   Any law which would place the keeping and safe conduct of another in the hands of even a conservator of the peace, unless for some breach of the peace committed in his presence, or upon suspicion of felony, would be most oppressive and unjust, and destroy all rights which our constitution guarantees.
Pinkerton v. Verberg (1979), 99 S.Ct. 2627

"In all the states, from the beginning down to the adoption of the Articles of Confederation, the citizens thereof possessed the fundamental right, inherent in citizens of all free governments, peacefully to dwell within the limits of their respective states, to move at will from place to place therein, and to have free ingress thereto and egress therefrom with a consequent authority in the states to forbid and punish violations of this fundamental right."
United States v. Wheeler (1920) 254 U.S. 281
   
"It would be meaningless to describe the right to travel between states as a fundamental precept of [97 Cal.App.3d 149] personal liberty and not to acknowledge a correlative constitutional right to travel within a state."
King v. New Rochelle Municipal Housing Authority (2d Cir. 1971) 442 F.2d 646


            COMMERCIAL USE of the streets and highways is not the same thing as NON-COMMERCIAL USE of the streets and highways.   There’s rules that apply to the former that do not apply to the latter.  

            One accused of DRIVING without a license implies the accused was engaged in COMMERCE at the time the peace officer chose to interfere with their right to come and go as they please. 



Gee, I wonder where they got the idea for a license?




You have my permission.


CAROOME.  In English law.   A license by the lord mayor of London to keep a cart.
                                                      Black's Law Dictionary, 1st Ed., p. 174
                           
                                 CARTMEN
.  Carriers who transport good and merchandise in carts, usually for short distances, for hire.

                                            Black’s Law Dictionary, 2nd Ed. 1910, p. 173





That's his DRIVER LICENSE


            That guy’s a “boatman” during the reign of Henry the VIII.   That's a screen shot from the movie “A Man For All Seasons” (1966), which won 6 Oscars, and is the story of Thomas More, who stood up to King Henry VIII when the King rejected the Roman Catholic Church to obtain a divorce and remarriage.   The boatman got a “fee” for transporting passengers along rivers.   That round thing on his sleeve is his PERMIT to charge a fee and is evidence he’s legitimate.   Thomas More was to return home and the boatman asked if Thomas More would make it worth his while.   More informed asked the boatman if he was licensed and then informed him that the fees were fixed.   The boatman responded he was licensed and showed the medal on his arm and pointed out whoever makes the fees or fare doesn't row a boat.   The trip back was an upstream row and required much more effort.   More offered the boatman (carrier) a tip if he was able to get him home for breakfast.   The fact remains, there's an example of someone in the olde days doing what people do nowadays, carry people and property for money who had to have a license to do so, the medal on the arm is the evidence of the Crown's permission to carry customers on the King's river.