LICENSING IN THE STATE OF CALIFORNIA (CA) DANIEL E. LUNGREN Attorney General, State of California 1982 Vehicle Code (1935), Section 81. Street or Highway. Street or highway is a way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel. “As a matter of right”, not “sufferance” which = “government permission”. The exercise of constitutionally secured inalienable rights DOES NOT REQUIRE the party wishing to exercise such rights to ASK for government permission which permission is evidenced by the driver license. The driver license is merely EVIDENCE you ASKED for and are in POSSESSION of something belonging to the State and CONSENTED to be regulated by the terms and conditions found within the VEHICLE CODE” NO license=NO jurisdiction: “Jurisdiction is essential to give validity to the determination of administrative agencies and where jurisdictional requirements are not satisfied, the action of the agency is a nullity...” City Street Improvement Co. v. Pearson, 181 C. 640, 185 P. 962, We think it is clear that... ...the officers provided for by the act herein under consideration, nor any other official acquired any jurisdiction of petitioner to consider or make any order and that the order made is null and void. This, of course, because petitioner herein was not a licensed contractor at the time of the proceeding which is a precedent necessity before any action is authorized. O’Neil v. Dept. Of Professional & Vocational Standards, 7 Ca 2d 395, 46 P. 2d 234 (Supreme Court of California. Feb. 24, 1914) Ex parte Stork (Cr. 1843) 1. LICENSES (§ 5*)-CHAUFFEURS. The occupation of a chauffeur is one calling for regulation and therefore permitting a regulatory license tax. 2. STATUTES (§ 81*0 -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. 139 Pac.Rptr. 684 167 Cal. 294 ...The latter case [In the Matter of Application of Stork, 167 Cal. 294, 295], upholding the validity of a statute requiring chauffeurs to pay a license fee but exempting all other drivers from payment, states in respect to the differences between the two classes of drivers (p. 296): ... Beamon v. Dept. of Motor Vehicles (1960), 180 Cal. App. 2d 200, 4 Cal. Rptr. 396. The California Appellate Court in 1948 defined what types of licensing is required to operate a motor vehicle: Section 250 . . . (a) It is a misdemeanor for any person to drive a motor vehicle upon a highway unless he then holds a valid operators or chauffeurs license . . . .. . . . . driving privileges--of which the license is but evidence (People v. Noggle (1935), 7 Cal.App.2d 14, 1 7[45 P.2d 430, 432]) People v. Higgins (1948) 97 Cal.App.2d Supp. 938, 939, 941; 197 P.2d 417. Section 1. (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 and 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... Section 2. Each operator of a motor vehicle within this state who transports or desires to transport for compensation or hire persons or property upon or over any public highway within this state shall apply to and secure from the board of equalization of the State of California a license to operate each and all of the motor vehicles which such operator desires to operate or which such operator from time to time may operate. Stats. 1925, ch 412, p. 833. Approved by the Governor May 23, 1925. It is provided in Section 7 that any operator using the public highways of the state for the transportation of persons or property for hire, either as a public or private carrier without first obtaining the license ... is guilty of a misdemeanor ... Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27. California Supreme Court stated: The occupation of a chauffeur is one calling for regulation, and therefore permitting a regulatory license fee,…” The Motor Vehicle Act ... is not unconstitutional as making an arbitrary and unwarranted classification, in that it requires professional chauffeurs, or drivers of motor vehicles for hire, to pay an annual license tax, but exempts all other operators of such vehicles from such tax and regulation. In re Stork, 167 Cal 294 (1914). 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, 65 Cal. App. 534, 547, 224 Pac. 1008, 1013 (1924); Escobedo v. State Dept. of Motor Vehicles, 222 Pac.2d 1, 5, 35 Cal.2d 870 (1950). CALIFORNIA VEHICLE CODE, SECTIONS 12500- V C Section 12500 Unlawful to Drive Unless Licensed Unlawful to Drive Unless Licensed 12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid drivers license issued under this code, except those persons who are expressly exempted under this code... DEFINITION OF “PERSON” IN CALIFORNIA LAW: V C Section 470 Person 470. Person includes a natural person, firm, copartnership,association, limited liability company, or corporation. Amended Ch. 1010, Stats. 1994. Effective January 1, 1995 In 1886, the US Supreme Court ruled in Santa Clara County v. Southern Pacific Railroad [[118 U.S. 394], that a private corporation was a natural person under the US Constitution, sheltered by the 14th Amendment, which requires due process in the criminal prosecution of persons. CALIFORNIA PENAL CODE 632. (b) The term person includes an individual, business association, partnership, corporation, limited liability company, orother legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whetherfederal, state, or local…. 16970. (a) As used in Sections 16790, 17505, and 30600, person means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created CALIFORNIA VEHICLE CODE SECTION 15210(i)(4) In the absence of a federal definition, existing definitions under this code shall apply 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; DRIVER-- one employed in conducting a coach, carriage, wagon, or other vehicle... BOUVIERS LAW DICTIONARY, (1914)p. 940. Corpus Juris Secundum §151. –Chauffeur or Operator A distinction is recognized between an operator and a chauffeur under some licensing regulations, “chauffeur”referring to one who is paid for driving an automobile. 60 C.J.S. MOTOR VEHICLES §§ 150 - 151, p. 797 ( also see “Tests”(1) and (2)) § 15.00. Information Required to Establish Legal Presence in the United States (U.S.) for Purpo... 13 CA ADC § 15.00BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Barclays Official California Code of Regulations Title 13. Motor Vehicles Division 1. Department of Motor Vehicles Chapter 1. Department of Motor Vehicles Article 2. Driver Licenses and Identification Cards (Refs & Annos) 13 CCR § 15.00 § 15.00. Information Required to Establish Legal Presence in the United States (U.S.) for Purpose of Determining Eligibility for an Original Driver License or Identification Card. (a) U.S. citizens who apply for an original driver license or identification card shall submit one of the following documents that is legible and unaltered to establish proof of the persons legal presence in the United States. (1) A certified copy of a United States birth certificate issued in or by a city, county, or state vital statistics department. (2) A U.S. Certificate of Birth Abroad (FS-545, DS-1350) or a Report of Birth Abroad of U.S. Citizen (FS-240). (3) A Proof of Indian Blood Degree issued by the federal government. (4) A Certified Birth Certificate issued from: (A) Puerto Rico, on or after January 13, 1941. (B) Guam, on or after April 10, 1899. (C) U.S. Virgin Islands, on or after January 17, 1917. (D) Northern Mariana Islands, after November 4, 1986. (E) American Samoa. The requirements for obtaining a California Drivers License clearly state that a valid Social Security Number is required, mandatory, for obtaining a California Drivers License: “Social security number (SSN) requirement The Social Security Act allows any state to use the SSN to establish the identification of an individual. The California Vehicle Code requires the collection of the social security number. All applicants must submit to DMV their social security number. Evidence of your social security number is required only on applications for an original commercial driver license and any request to correct a SSN that is already on the driver record data base, regardless of the class. The SSN is considered confidential and will not appear on the photo license or be encoded on the magnetic stripe. Any documents that the department is authorized to release to the public will have the SSN masked. The SSN is electronically verified with Social Security Administration while you are in the DMV office for all DL/ID card transactions, if it has not already been verified”. (emphasis added) The authority to issue Social Security Numbers (SSNs) is found in 20CFR §422.104. The section describing persons who are legally eligible to apply for an SSN states: Title 20: Employees’ Benefits PART 422-ORGANIZATION AND PROCEDURES Subpart B- General Procedures § 422.104 Who can be assigned a social security number. (1) A United States citizen; or (2) An alien lawfully admitted to the United States for permanent residence…. UNIFORM COMMERCIAL CODE (UCC): “UCC 9-307 (h). Location of United States. The United States is located in the District of Columbia.” CALIFORNIA COMMERCIAL CODE SECTION 9301- 9342 9307. (h) The United States is located in the District of Columbia. CALIFORNIACOMMERCIALCODE SECTION 9101- 9110 (77) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States SECTION 9301- 9342 9307. (h) The United States is located in the District of Columbia. SECTION 6101-6111 (14) United States includes its territories and possessions and the Commonwealth of Puerto Rico CALIFORNIA WATER CODE SECTION 13050-13051 13050. (c) Person includes any city, county, district, the state, and the United States, to the extent authorized by federal law. (o) Citizen or domiciliary of the state includes a foreign corporation having substantial business contacts in the state or which is subject to service of process in this state. FISH AND GAME CODE SECTION 1-89.1 1. This code shall be known as the Fish and Game Code. 83. State means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. 6017. “In this State” or “in the State” means within the exterior [outside] limits of the [Sovereign] state of California and includes [only] all territory within these limits owned by or ceded to the United States 17018. State includes the District of Columbia, and the possessions of the United States. [which don’t include the 50 sovereign states but do include federal areas within those states]]
Posted on: Sun, 07 Dec 2014 23:18:52 +0000
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