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Old 10-16-2013, 11:46 PM   #56
RTLover
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Joined: Nov 2009
Location: West-central France
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Quote:
Originally Posted by MotoTex View Post
In Texas statutes for the driver license (521.001 6b) the definition for the term "License" for the chapter includes:
"the privilege of a person to operate a motor vehicle regardless of whether that person holds a driver license."

Essentially stating that the statutes acknowledge that non-commercial operation of a motor vehicle is considered okay, by definition, without a driver's license.

So, there is no actual law down here requiring drivers to have a license for non-commercial motor vehicle operation. Though the common belief is otherwise, and you won't get a straight answer from either the administrative or legislative branches. I've tried to get this clarified and been sent chasing my tail as they each sent me to the other for the answer. I eventually tried the judicial branch, but found the court had no jurisdiction in the matter and wouldn't hear the case. (I had cancelled and surrendered the state-issued license, then waited until I was ticketed for it and took it to court. The case was dismissed. I then re-applied for a license and carry one, going along to get along.)

This grand folly of research over several years led me to the conclusion that the federal constitution prohibits states from enacting laws that would impair the liberty of a citizen. So, it may be that there is no requirement for a license for "ordinary" use of the roads. I've seen reference to commercial use described as "extraordinary use" of the road, which the state can regulate, license, etc.

This may also explain, from a legal perspective, why insurance companies write motorcycle policies for owners who don't have motorcycle endorsements.
Texas TRANSPORTATION CODE


Section 521.021 LICENSE REQUIRED

A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

Section 521.025 LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND
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RTLover screwed with this post 10-17-2013 at 03:00 AM
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