Driver's License - one step toward totalitarian system.

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Can police or other public law enforcement agencies search or seize your property without a warrant? No? But they can search or seize your car when it is on the public road! Why? Is it because it is not your property, or because they already have a warrant? Or both?

They have an "automatic" warrant because you admitted guilt of driving.

Many think, mistakenly, that a license gives you the right to perform certain activities. If it were true, this would create segments of society with different legal rights, a situation contradicting equality between people in any "modern" constitution. A license actually gives you a discretionary forgiveness for doing things that are prohibited and illegal, keeping equal rights for all. By driving a car with driver's license you are committing an offense, and law enforcement agencies are warranted at their discretion to arrest you and your property that are used in the crime.

And why do you have to have a license plate on your car? You licensed your car for use. So, legally speaking, using your car is an offense too. By licensing it, you admitted to committing a crime of using a car, and "bought" that discretionary forgiveness for it.

Car registration and driver's licensing is regulated by acts (i.e. Highway Act). All acts regulate relation between parties that enter into the contract of sort; Landlord - Tenant act is for landlords and tenants, Customer Protection act is for buyers and service providers or sellers, Marriage act is for people getting married, Highway act is for public road users and service providers (road administrators), and so on. How do you enter into such a contract? By signing it and agreeing with its content and stipulations, or by performing a transaction. Landlord and tenants sign their leases, buyers buy things and services and pay the sellers, People get married (marriage license), and car users sign their contract with road administrators. You may ask how do you do the latter. You sign your driver's license and pay the fee (for any contract to be valid, a transfer of goods, services or money has to take place). There you go, you have entered the contract, and you have to obey its rules. And since you have the license to drive, your driving is an offense, and you are guilty of it - forgiven though. But this forgiveness is discretionary.

However, if you do not have a driver's license, you have not entered into contract with any road administrator, therefore you are not obliged by Highway act rules, and therefore you are not guilty of driving a car. And, as such, you cannot be investigated by any law enforcement agency, until they have a warrant, or until you are endangering public safety. You are treated as any natural person (i.e. walking down the alley).

There are arguments stating that by using a public road, you are entering into that contract. Other say that driver's license is for public safety and license plates are for easy identification. The thing is that a public roads would not be public if citizens, who would like to use them, would have to enter into contract. Only commercial (for profit) public road use may be perceived to be an entry into the contract, because it does not fall under natural law. On the other issue, license does not give an indication of safe driving, the exam you have to pass does, and instead of the license, one could have an exam certificate. As for identification, one could print on the plate the ownership data that would be much more suited as an ID rather than just a series of numbers.

In summary, if you drive a car on the public road and do not have a driver's license and licensed vehicle, and do not drive commercially, you are not obliged by the Highway act. And if you are not endangering public safety, there is no law giving anybody the right to arrest neither you nor your property without a warrant.

Why would anyone care? We are all registered and licensed, and therefore relying our freedom on the discretion of our government and its law enforcement agencies.

So the question arises: why there is a common perception that you have to have a driver's license, and that you are required to submit to the Highway act? In whose interest are we kept misinformed, and how did it come to the situation that even lawyers would not know nor understand this issue? How come most people do not recognise it as a society controlling mechanism?

It is a controlling mechanism. We just do not know or realise that our government and its law enforcement agencies have the right to arrest any one of us on the suitable occasion for no reason at all. We already committed many "licensed" crimes. Sometimes, one may have driver's license suspended or taken away, but notice, never effectively revoked. If it was revoked, the contract would end, and government would lose control over the individual's driving.

As history shows, from time to time, an occasion arise for someone to use one or another readily available and unchallenged law like this one. When it happens on a wider scale and many are affected, some realise their mistake in trusting those laws. But usually it is already too late; they live in a totalitarian country and are powerless against the regime.

 

© Nihil Novi, 2000