Originally Posted by windmill
Whats the point of all of this other than esoteric legal wrangling?
Do you think we would be better off not having any basic requirements for operating motor vehicles on public roads?
Wouldn't your obvious legal talents be better used fixing the flaws in system rather than just messing with it?
I don't think we have basic requirements now. We simply believe that we do. I think that sharing this information is one way of addressing the flaws, which are in the minds of people more than the system of law itself.
The point I guess was grasping a better understanding of what the founders intended in regard to liberty, personal responsibility, etc. and how it is supposed to translate into our rules of the road.
The problem, as far as I can see, is how, at some level of the human psyche, most folks prefer to be told what to do rather than take responsibility for their actions. Or, they at least prefer to avoid taking blame for their actions which cause harm.
I think there should be private tiered licensing agencies. Achieving higher tiers would result in lower insurance and registration costs. These would not be run or required by government. They could be run by the insurance companies, or some other private entities.
People would be judged on their performance and be rewarded for improvement. It would change the dynamic so that people would be encouraged to better their skills, or pay higher fees for insurance and registration than their neighbor who holds a higher tier.
In a traffic stop or collision investigation the license tier might be a determining factor as to the outcome.
The government would still regulate commercial drivers as they do now. Though the private tiered licensing could compliment that.
I think that people should be taught and encouraged to be responsible for their actions, rather than treating them like sheep with the illusion that someone else will always be there to protect them.
Once, years ago I was in a collision with an unlicensed and uninsured driver from a nation South of Texas' border. He ran a stop sign to cross to the median of a divided multi-lane surface road in Houston and I t-boned the car in the left rear tire while riding on a Suzuki GS1000. A van in the right lane beside me blocked my view of the car. That driver slammed on the brakes, but I didn't know why. Then the car was in front of me. Boom!
The bike was totaled, and I got about thirty stitches and a bunch of bruises. There were a dozen witnesses names taken by some friends of mine who were following me back from lunch. But the part that always confused me was that the Houston cop helped this guy change the flat tire on his car and sent him on his way rather than issuing a ticket, arresting him, or, impounding the car.
It always left me somewhat confused about what happened and why. I had been assaulted and my property and body were injured. Yet this guy just rolls on down the road without a license. WTF?
At least I have answered the license part.
If most people prefer to be coddled and guided, that is fine by me. But, allow those of us who understand the law and who take responsibility for their actions to exist on a different level from those who do not. At least the enforcers should be better educated on what is and is not actually in the law books. (there is also no punishment clause in the statutes for exceeding the speed posted on the "prima facie speed limit signs")
There is a lot of shenanigans being perpetrated upon drivers that is simply not supported by the statutes themselves.
If something isn't required by law, what is the advantage for us all pretending that it is?
What stops the folks who should know this from answering questions about it in a straight-forward manner?
This quasi-lying by those who have taken an oath to defend and support a document called the constitution seem to be acting in a way counter to that end.
I don't like being misled or outright lied to by those elected or appointed to serve the people. Those who should be examples to all.
I'm not quite sure why you or anyone else would feel otherwise. Though I must accept that this is indeed the way the ball bounces. It just seems weird to me.