Saturday, August 17, 2013

The DMV scam: How your right to travel has been converted into a mere privilege.

August 16, 2013 at 6:45pm

Lets be honest here. Do you sign a contract before reading it? That would be a pretty stupid thing to do, I'm sure most would agree... OK then, when you go register your car with the state and get a driver's license, did you happen to READ the motor vehicle code of your respective state? Odds are 99.9999% of people DID NOT.

This short article applies to Nevada as it relates to the DMV and the motor vehicle code, BUT, this information is universal because every state is set up in the same fashion...

Firstly, we need to establish that the people of America have a RIGHT to travel. It does not matter what they choose to travel in and the courts have upheld this FACT!

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

                                                                   Miranda vs. Arizona, 384 US 436, 491

"The claim and exercise of a constitutional Right cannot be converted into a crime."

                                                                               Miller vs. U.S., 230 F. 486, 489

"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."

                                                                                 Snerer vs. Cullen, 481 F. 946

"Personal liberty, or the right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by the its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property... and is regarded as inalienable."

                 16 Corpus Juris Secundum, Constitutional Law, Section 202, p, 987

"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or AUTOMOBILE, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."

                                            II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135

"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by AUTOMOBILE, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."

                                                                          Thompson vs. Smith, 154 SE 579

"... For while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose, no person has a vested right to use the highways of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion."

                                                                               State vs. Johnson, 243 P. 1073;
                                                                           Cummins vs. Homes, 155 P. 171;
                                                                           Packard vs. Banton, 44 S.Ct. 256;
                                                                         Hadfield vs. Lundin, 98 Wash 516

"The right of the citizen to travel upon the highway and to 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 for private gain in the running of a stagecoach or omnibus."

                                                                     State vs. City of Spokane, 186 P. 864

I think the above court cases and authority from Corpus Juris Secundum as well as American Jurisprudence is QUITE clear. Traveling, even in an automobile, is a FUNDAMENTAL RIGHT that cannot be licensed or converted into a crime, but, "that Right DOES NOT extend to the use of the highways, either in whole or in part, as a place for PRIVATE GAIN."

From my discernment of the Nevada Revised Statutes regarding "motor vehicles," it has come to my attention that a "motor vehicle," by appropriate definition, is "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".

The above definition is taken from Title 18 USC § 31(a)(6). I realize this is the federal government's definition of "motor vehicle," but the federal definition has authority via the Supremacy Clause (Article VI, Section 2) and encompasses the same meaning as my deconstruction of the Nevada Revised Statutes. You will see below that the NRS follows the lead of the federal definition albeit "hidden" by legalese.

According to NRS 485.050  “Motor vehicle” defined.  “Motor vehicle” means every self-propelled VEHICLE which is designed for use upon a highway.

NRS482.135 “Vehicle” defined. Except as otherwise provided in NRS 482.36348, “vehicle” means every device in, upon or by which any person or property is or may beTRANSPORTED or drawn upon a public highway.

NRS 482.36348 “Vehicle” defined. “Vehicle” means a MOTOR VEHICLE or a recreational vehicle. The term includes a recreational vehicle designed to be mounted upon or drawn by a motor vehicle.

Title 49 USC § 1502(1) “commerce” means TRADE or TRANSPORTATION in the jurisdiction of the United States—

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 Coin’n v. Brimson, 154 U. S. 4 17. 14 Sup. Ct. 1125, 38 L. Ed. .1047; Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 100, 5 Sup. Ct. S26, 29 L. Ed. 158. (Black's Law Dictionary, 2nd Edition)

NRS706.036 “Common motor carrier” defined.“Common motor carrier” means any person or operator who is held out to the public as willing to TRANSPORT byVEHICLE from place to place, either upon fixed route or on-call operations, passengers or property, including a common motor carrier of passengers, a common motor carrier of property and a taxicab motor carrier.

CARRIER ~ Individual or organization engaged in TRANSPORTING PASSENGERS OR GOODS FOR HIRE. (Black's Law Dictionary, 6th Edition)

To boil down the above definitions into simple terms, a "motor vehicle" is used for the "transportation" of passengers or goods for hire on the public highways for monetary gain. To register one's private property with the Department of Motor Vehicles is to voluntarily apply for the benefit/privilege of trade/commerce on public roads. Therefore, a "driver's license" is:

NRS 483.065 “Driver’s license” defined. “Driver’s license” means a license issued under the laws of this State authorizing a person to drive a MOTOR VEHICLE in this State.

NRS483.063 "Driver” defined. "Driver” means a person who is in actual physical control of a VEHICLE upon a highway.

NRS 485.110  “Registration” defined. “Registration” means the registration certificate and plate issued under the laws of this State pertaining to the registration of MOTOR VEHICLES.

(PAY ATTENTION!) NRS 485.090  “Owner” defined.  “Owner” means a person who holds the LEGAL TITLE of a MOTOR VEHICLE.

Again, the definitions above compound on the fact that the voluntary act of "registering" to be an (legal) "owner" of a  "motor vehicle" as a "driver" and obtaining a "driver's license" for the purposes of "transporting" passengers or cargo for hire on public roads for private gain is STRICTLY a act of commerce. Read it again!

I would also like to bring up the point of "legal title" in the definition of "owner" per NRS 485.090. The term "legal title" denotes the creation of a trust. The following are definitions are material to the subject matter herein:

LEGAL TITLE ~ One cognizable or enforceable in a court of law, or one which is complete and perfect and possession, BUT WHICH CARRIES NO BENEFICIAL INTEREST IN THE PROPERTY, ANOTHER PERSON BEING EQUITABLY ENTITLED THERETO; in either case, THE ANTITHESIS OF "EQUITABLE TITLE". It may also mean appearance of title as distinguished from complete title; or full and absolute title or apparent right of ownership WITH BENEFICIAL OR EQUITABLE TITLE IN ANOTHER.
(Black's Law Dictionary, 6th Edition)

LEGAL OWNER ~ The term has come to be used in TECHNICAL CONTRAST to the EQUITABLE OWNER, and not as opposed to an illegal owner. The legal owner has title to property (legal title), although the title may actually carry NO RIGHTS TO THE PROPERTY other than a lein.
(Black's Law Dictionary, 6th Edition)

EQUITABLE OWNER ~ One who is recognized in equity as owner of the property, BECAUSE REAL AND BENEFICIAL USE AND TITLE BELONG TO HIM, even though bare legal title is invested in another.
(Black's Law Dictionary, 6th Edition)


EQUITABLE INTEREST ~ The interest of a BENEFICIARY under a trust is considered equitable as contrasted with the interest of the TRUSTEE which is a LEGAL INTEREST BECAUSE THE TRUSTEE HAS LEGAL AS CONTRASTED WITH EQUITABLE TITLE. (Black's Law Dictionary, 6th Edition)

TRUST ~ A legal entity created by a GRANTOR for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument. (Black's Law Dictionary, 6th Edition)



FIDUCIARY ~ A person holding the character of a trustee, or a character analogous to that if a trustee... A person having the duty, CREATED BY HIS UNDERTAKING, to act primarily for another's benefit...
(Black's Law Dictionary, 6th Edition)

Lets recap again; YOU:
1) Have legal title to property you assume is yours.

2) Have a fiduciary duty for the benefit of the beneficiary that holds equitable title to the property you think you own.

^How did this happen!!!! Lets go back and see what exactly happened...

You bought a car. At that point you have COMPLETE (allodial) title to that car which is known as the Bill of Sale. Then, without understanding law (reading the fine print aka motor vehicle code of your state), and because "everyone is doing it", you voluntarily registered YOUR car with the state which created a trust agreement. Under this trust agreement that you voluntarily granted (GRANTOR), you gave equitable title to the state and made them the beneficiary and you a trustee in which you agree to their arbitrary rules and fees as a fiduciary... You getting pissed yet? You should, because if you are the "legal owner" of your home and "legal guardian" of your child, somewhere down the line you voluntarily agreed to give up equitable interest in YOUR property. Unfortunately there are two maxims of law that allow this to happen.

*Ignorance of law is no excuse.*

*Let him who wishes to be decieved, be decieved.*

How about a shot of reality from the beneficiary's mouth:
Senate Document # 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933: "The ultimate ownership of all property is in the State (equitable owner); individual so-called "ownership" (legal owner) is only by virtue of Government (beneficiary), i.e., law, AMOUNTING TO A MERE USER (your the trustee); and use must be in accordance with law (fiduciary duty) and subordinate to the necessities of the State."

If you knew the defintion of  "allodium,"  you might realize that a person who owns property in allodium has "land held absolutely in one's own right, and not of any lord or superior; land not subject to FEUDAL duties or burdens." Hmmm, feudal duties and burdens like LAND TAXES? Like renewal of registration and other fees for the enjoyment of "your" car???

Lastly, I want to make it very clear how you are viewed by your beloved government "by the people and for the people" after it changed in the 1860s from a constitutional republic to a federal democracy... Usufruct!

USUFRUCT ~ The right of using and enjoying and receiving the profits of property THAT BELONGS TO ANOTHER, and the usurfructuary is a person (YOU, the trustee who holds legal title!) who has the usurfruct or right of enjoying anything in which HE HAS NO PROPERTY (equitable) INTEREST.
(Black's Law Dictionary, 6th Edition)

Hate to burst you bubble, but as long as you willingly consent to be governed by this reconstructed federal system, you consent to being a vassal -- a voluntary slave -- for your lord, the state, in modern feudal times. If one thing remains constant, it is history repeats itself.

P.S. In case you are unaware of the significance of the term "vassal". This is taken from Wikipedia:

"A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context [of a] feudal system... The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held as a fiefdom. The term can be applied to similar arrangements in other feudal societies."

IT IS TIME PEOPLE WAKE UP AND SEE THE MATRIX FOR WHAT IT IS! You have been deceived purposely so the establishment can collect revenue from you as a human resource and gain control over you by the waiving of fundamental rights for "benefits and privileges" from the state. THIS IS ONLY A SAMPLE OF WHAT HAS BEEN HIDDEN FROM YOU!

"The Matrix is everywhere. It is all around us. Even now, in this very room. You can see it when you look out your window or when you turn on your television. You can feel it when you go to work... when you go to church... when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth."

"What truth?"

"That you are a slave, Neo. Like everyone else you were born into bondage. 
Into a prison that you cannot taste or see or touch. A prison for your mind."

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