Why does Federal Law say my car is NOT a motor vehicle?

miked826 · Jul 8, 2014

Why does the state say that my car is a "motor vehicle" when the U.S. Government says that it is not and that only COMMERCIAL vehicles are considered "motor vehicles"? Why am I being taxed and licensed for life for? I specifically told my insurance company that I wasn't using my car for commercial purposes. Apparently the state of California says that I am and that they have the finally say on that. LOL

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section31&num=0&edition=prelim

http://www.law.cornell.edu/uscode/text/18/31

miked826 · Jul 8, 2014

I've been driving my car the whole time without a California Commercial Drivers License too. I've been in violation of state law for 30 years now......but not federal law (18USC31), which supposedly supersedes EVERY state law, except this one law and maybe a few others that I don't know about. laff

MotorBicycleRacing · Jul 8, 2014

Take it to court to get this travesty overturned!!!

xseler · Jul 8, 2014

Sleeping dogs.....

Hornets nest......

Mother bear with cubs.....

Hold my beer and watch this.........

These things all came to mind when I read this.

2door · Jul 8, 2014

State and local laws will usually always trump the Feds because they're usually little issues the Federal gov doesn't want to be involved with. That is unless the state does something that makes the Fed threaten to withold highway funds....then all bets are off.
Colorado tried it with highway speeds. Didn't take long before they fell in line with what Uncle Sammy wanted.

You're going to be fighting city hall. Good luck.

Tom

miked826 · Jul 8, 2014

MotorBicycleRacing said:
Take it to court to get this travesty overturned!!!

xseler said:
Sleeping dogs.....

Hornets nest......

Mother bear with cubs.....

Hold my beer and watch this.........

These things all came to mind when I read this.

I was always taught that Federal Law (U.S. Code) supersedes EVERY single state law and that no state law can be made contradicting ANY federal law. Either I was taught wrong or the states have been perpetuating mass tax fraud on it's own citizens (cause they won't know no different).

Let me call the California Department of "MOTOR VEHICLES" and see what they have to say about the matter. I want the DMV to explain this to my AAA insurance company and see what they have to say about it. laff

If my car or motorcycle or anything else is NOT used for COMMERCIAL purposes then I should be able to drive it without being bent over yearly by the states DMV. Cause the DMV is really supposed to be ONLY for Commercial Drivers, yet the exact opposite is all I see inside those nightmare facilities!

Nobody has challenged this in court YET? Nobody? Seems pretty clear cut to me if the definition of "Commercial" is actually what I think it is.

miked826 · Jul 8, 2014

2door said:
State and local laws will usually always trump the Feds because they're usually little issues the Federal gov doesn't want to be involved with. That is unless the state does something that makes the Fed threaten to withold highway funds....then all bets are off.
Colorado tried it with highway speeds. Didn't take long before they fell in line with what Uncle Sammy wanted.

You're going to be fighting city hall. Good luck.

Tom

If the feds "do not want to get involved" then why does 18USC31 continue to exist as of "7 July 2014"?

Why is the U.S. Code on the US Governments very own website. Sounds like they are involved...... up to their necks and have been all along, if you ask me. laff

Gonna be involved in a Class Action lawsuit unless some reasonable explanation is given to me why 18USC31 even exists if they "don't want to get involved". Why create chaos for no good reason? Get rid of 18USC31 altogether then! Power to the people! laff

miked826 · Jul 8, 2014

"Treatment of repealed laws" (of which 18USC31 is not one of them)

"When sections are repealed, their text is deleted and replaced by a note summarizing what used to be there. This is so that lawyers reading old cases can understand what the cases are talking about. As a result, some portions of the Code consist entirely of empty chapters full of historical notes."

http://en.wikipedia.org/wiki/United_States_Code#Legal_status

miked826 · Jul 8, 2014

All the DMV's power, authority and hold over you revolves around the single and solitary premise that you are operating a "Motor Vehicle" ........as legally defined. But defined legally by who? laff

Mike B · Jul 8, 2014

Go into the closest law office and sue.

March right down there and demand a class action suit.

Since there a lot of registered and licensed drivers here in CA that have been paying hundreds of millions of dollars they should be all over it. They will have a really easy time collecting tens of millions of dollars in fees.

I'll be expecting my enrollment in the class soon. But I'm not holding my breath.

Be sure to post up what they tell you. If you get past the receptionist.

Have you been surfing those sites that tell you that only "professional" people need pay federal income tax?

That doesn't work either. Good luck!

miked826 · Jul 8, 2014

Mike B said:
Go into the closest law office and sue.

March right down there and demand a class action suit.

Since there a lot of registered and licensed drivers here in CA that have been paying hundreds of millions of dollars they should be all over it. They will have a really easy time collecting tens of millions of dollars in fees.

I'll be expecting my enrollment in the class soon. But I'm not holding my breath.

Be sure to post up what they tell you. If you get past the receptionist.

Have you been surfing those sites that tell you that only "professional" people need pay federal income tax?

That doesn't work either. Good luck!

What's the catch Mike?! I must be missing something that allows states to directly contradict 18USC31 and get away with it right?

Mike B · Jul 8, 2014

Yes, I think so. Since all 50 of 'em have been getting away with it for decades eh?

Did you think it was suspicious at all that "destructive devices" was in the list?

miked826 · Jul 8, 2014

Mike B said:
Yes, I think so. Since all 50 of 'em have been getting away with it for decades eh?

Did you think it was suspicious at all that "destructive devices" was in the list?

Not nearly as suspicious as the legal definition of the word "Commercial purposes" that is listed.

(10) Used for commercial purposes.— The term “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.

That's just adding insult to injury as far as I'm concerned. WTF is that all about? LMAO

http://www.law.cornell.edu/uscode/text/18/31

Mike B · Jul 8, 2014

That kinda says that if you ever went to any job you ever had in your entire life that paid you anything or even bought you lunch or if you ever picked up anyone that ever worked...

Why are you wasting your time with this?

xseler · Jul 8, 2014

Mike B said:
Why are you wasting your time with this?

Why not? I so enjoy a good Don Quixote story!!

miked826 · Jul 8, 2014

Mike B said:
That kinda says that if you ever went to any job you ever had in your entire life that paid you anything or even bought you lunch or if you ever picked up anyone that ever worked...

Why are you wasting your time with this?

"The term “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."

Where exactly in the words above does it say anything about, driving to any job? I've been speaking and reading English for a quite a while now. I don't see it. Why is my car insurance for "NON-Commercial purposes" yet AAA says that I can drive my car to my "job" whenever I want to with that insurance? laff

What I can't do is transport people in my car for profit.

Why am I wasting time? I'm waiting for bike parts as usual. That's all I do is wait for parts. When I wait I start asking questions and I don't stop asking until I get a satisfactory answer to those questions that's actually based on something.

GearNut · Jul 8, 2014

Because they can and have been getting away with it for decades now.
Cartman

miked826 · Jul 9, 2014

GearNut said:
Because they can and have been getting away with it for decades now.
Cartman

"Because that's how it's always been" just doesn't do it for me. LOL

If I was living in Honduras or some other 3rd world country then I would just chalk it up on living in a Banana Republic and leave it at that.

The U.S. Government keeps telling us that we're "exceptional among nations" and that we're a "nation based on laws" and "liberty and justice for all". Why do they keep feeding us that spiel for if they really don't mean it?

Nothing more than a bunch of hot air penned to paper in 1787? What else is being deliberately ignored in that document, at its own citizens expense?

http://en.wikipedia.org/wiki/Supremacy_Clause

BarelyAWake · Jul 9, 2014

Rule 6: No politics/religion

It's almost inherently impossible to discuss law without politics - so provided it remains respectful, on-topic & directly related to motor vehicle law it's clearly permissible, even encouraged by our Laws and Legislation for Motorized Bicycles section.

'The Tavern' isn't exempt from the forum's rules however & while it's fine to discuss automotive topics & the motor vehicle laws that pertain to them, should the thread stray into general politics and/or disrespectful conduct, it will be closed/removed as deemed necessary by staff.

miked826 · Jul 9, 2014

BarelyAWake said:
Rule 6: No politics/religion

It's almost inherently impossible to discuss law without politics - so provided it remains respectful, on-topic & directly related to motor vehicle law it's clearly permissible, even encouraged by our Laws and Legislation for Motorized Bicycles section.

'The Tavern' isn't exempt from the forum's rules however & while it's fine to discuss automotive topics & the motor vehicle laws that pertain to them, should the thread stray into general politics and/or disrespectful conduct, it will be closed/removed as deemed necessary by staff.

You're right. It ain't easy keeping law and politics separate. Might as well trash the whole thread. I gotta bike to finish building.

fasteddy · Jul 9, 2014

I think we are going to see "Goodnight Gracie." real soon.

Steve

Why does Federal Law say my car is NOT a motor vehicle?

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