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Old 10-17-2013, 06:24 AM   #59
MotoTex
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Quote:
Originally Posted by RTLover View Post
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
Yes, and the definition for "LICENSE," the thing "REQUIRED," is defined for the chapter in 521.001 DEFINITIONS 6.

So for the thing you have posted we already have established that the thing required, "License," in the title of this includes the privilege of a person to operate a motor vehicle regardless of whether that person holds a driver license.

This definition doesn't change willy nilly, it remains constant for the entire 521 section. This is why they include the phrase "other than a person expressly exempted" as in the definition of LICENSE for this chapter EVERYONE is clearly a person expressly exempted.

Another fine use of Weasel Words cunningly crafted in a statute to make you think one thing is the case while leaving the interpretation open to meet constitutional tests.

Elsewhere you will find a sub chapter defining who is exempt, which in no way changes the fact that everyone is exempted by the definition at the beginning of the chapter. This fact having been already established for the chapter in the DEFINITIONS does not need to be repeated in the sub chapter.

If you do hold a Driver License you are required to present it. This in no way infers that it is mandatory.

There are no punishment clauses for "driving without a license" anywhere in the chapter. There is a reason for this. License to operate a motor vehicle is something that may include a Driver License, but doesn't have to. License is the thing required, not Driver License.

Further reading will reveal that there are punishment clauses for driving with an expired, suspended, etc. Driver License, but not a peep in the entire chapter for someone who simply does not have one.("Driver License" has its own definition as a separate thing from License, yet is included in the definition of License. "License" is not included in the definition of Driver License)

Getting through the Weasel Words is a logical process that takes in the references to License and Driver License as they are used throughout the chapter.

These are not oversights. The statutes are carefully crafted, unique terms are clearly defined, and the requirements of constitutional tests are met. Then, after review, the statute is published.

If a Driver License were required there would be a punishment clause for operating a vehicle without it.
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