Preface: Upholding the Rights of the People on Public Roadways
The fundamental role of government is to protect the rights, freedoms, and property of the people. This responsibility is enshrined in the U.S. Constitution and its amendments, which outline the core principles of life, liberty, and the pursuit of happiness. The government’s primary duty is not to regulate, control, or impede upon the rights of the people, but to ensure that these rights are safeguarded against infringement, particularly when it comes to personal freedom and the use of public resources such as roadways.
It is critical to recognize that the government—whether at the federal, state, or local level—is bound by constitutional limits to protect the natural people (the flesh and blood living individuals) and their property first and foremost.
This protection cannot be subordinated to corporate interests, nor can it grant corporations greater protections than those afforded to actual living people.
The protection of the people’s rights and property must always remain the highest priority, ensuring that any regulation, including that of vehicle use, does not unduly infringe upon the ** guaranteed rights** of the people.
In the context of roadway use, the right to travel is one of the fundamental freedoms that every person enjoys. This right is historically and constitutionally recognized, and the government’s role is to regulate commercial vehicles, not to interfere with the private, non-commercial use of roadways by the people.
Unfortunately, this constitutional protection is often misinterpreted or undermined through the enforcement of commercial vehicle regulations applied indiscriminately to all vehicles, regardless of their commercial status.
The tragic reality is that, in some cases, non-commercial vehicles—which are legally exempt from commercial regulations—become the target of law enforcement due to misunderstanding or misapplication of traffic laws.
This has led to incidents of harm, with statistics showing roadway shootings and other unnecessary confrontations involving police officers engaging with non-registered vehicles. These confrontations often arise from misunderstandings about vehicle classification and individual rights.
For example, recent statistics highlight a concerning trend in which roadway incidents involving non-commercial vehicle owners have led to fatalities, often as a result of police officers mistakenly treating private people as commercial entities.
Such tragedies underscore the need for clarity, the restoration of proper constitutional protections, and a return to the true purpose of policing: protecting public safety and unalienable rights, not regulating personal freedoms that should remain unrestricted for all non-commercial travelers.
Overview of Intent
This document aims to provide a clear overview of the constitutional right to travel and the distinction between commercial and non-commercial vehicles.
It emphasizes that the government’s duty is to protect the people, particularly when it comes to ensuring the right to travel freely without unnecessary restrictions.
The intent is to clarify that:
- Non-commercial vehicles should not be treated like commercial vehicles.
** The right to travel is a protected constitutional right, not a privilege subject to government regulation unless it involves public safety concerns.
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Policing should focus on regulating commercial activity, not infringing upon the personal freedoms of private people.
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Consumer goods exemptions and RSA 261:40 (as part of broader consumer protection laws) provide an important legal framework for protecting private automobile owners from being treated like commercial entities.
The document also aims to address the historical context and intent of laws and regulations, including the Uniform Commercial Code (UCC), Regulation Z, and state-specific statutes, that impact the distinction between private automobiles and commercial vehicles.
The goal is to encourage lawmakers, the people, and law enforcement to reconsider the current framework and to ensure that people’s rights are not infringed upon in the name of regulating commercial activity. By establishing clear definitions and distinctions, this document seeks to promote a more just and balanced approach to the regulation of roadway use, ensuring that public safety is protected, while individual freedoms are upheld.
Constitutionally Protected Right to Travel and the Distinction Between Commercial and Non-Commercial Vehicles
1. The Right to Travel: A Constitutional Guarantee
The right to travel on public roadways is an inherent constitutional right. As affirmed in numerous cases such as Thompson v. Smith and Christy v. Elliot, traveling on public highways is not a mere privilege granted at the discretion of the government, but a fundamental right that exists under the protections of life, liberty, and the pursuit of happiness.
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Thompson v. Smith, 154 SE 579: “The right of a citizen to travel upon the public highways and to transport one’s property thereon, either by carriage or automobile, is not a mere privilege, which a city may prohibit or permit at will, but a common right, which he/she has under the right to life, liberty, and the pursuit of happiness.”
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Chicago Motor Coach v. Chicago, 337 Illinois 200, 169 NE 22: “The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental right which the public and natural people cannot be deprived.”
These precedents make it clear that non-commercial travel on public roads cannot be unduly restricted by the government, as it is a basic right of every individual.
2. Commercial vs. Non-Commercial Vehicles
The distinction between commercial vehicles and non-commercial vehicles plays a crucial role in determining the scope of governmental regulation.
- Commercial Vehicles: A commercial vehicle is defined as any vehicle used for business purposes, such as the transportation of goods or passengers for compensation or profit. These vehicles are subject to stringent regulations because they are involved in commerce, which is within the government’s purview to regulate.
- Non-Commercial Vehicles: Conversely, a non-commercial vehicle—such as automobiles used for personal travel—does not engage in business activities. According to the California DMV, an “automobile” is a passenger vehicle not intended to transport persons for hire, including sedans, vans, station wagons, and sport utility vehicles.
The California DMV makes a clear distinction: commercial vehicles are for business, while private automobiles are for personal, non-commercial use. This distinction is consistent across state definitions, particularly in how police agencies and governmental bodies regulate commercial activity, but not private, non-commercial activity.
3. Policing: Regulating Commercial Activity and California DMV Definitions
Policing is primarily focused on the regulation of commercial activity. According to various legal frameworks and regulations, law enforcement agencies, such as the California Highway Patrol (CHP), are tasked with regulating commercial vehicles that transport goods or passengers for hire, compensation, or profit.
In California, the distinction between commercial vehicles and non-commercial vehicles is clearly defined by the California DMV:
- Commercial Vehicle: According to California Vehicle Code (CVC) Section 260 and CVC Section 260 (a), a commercial vehicle is any vehicle that is used primarily for the transportation of property or passengers for hire or designed to be used for business purposes. This includes vehicles like trucks, buses, and other vehicles used for business activities or the transportation of goods for profit.
- Non-Commercial Vehicle: A non-commercial vehicle, on the other hand, is defined under CVC Section 505 as any vehicle that is used for personal use and is not for hire. This category includes vehicles like sedans, vans, station wagons, and sport utility vehicles (SUVs)—all of which are intended for personal, non-commercial travel.
- Automobile: In California, an automobile is defined under CVC Section 465 as a passenger vehicle that is not used to transport persons for hire, compensation, or profit. This includes typical passenger vehicles, such as station wagons, sedans, SUVs, and vans—all of which are non-commercial vehicles by definition.
The California DMV emphasizes that commercial vehicles are subject to extensive regulations due to their involvement in commerce, while non-commercial vehicles used for personal purposes are generally exempt from such regulations. This distinction aligns with the core purpose of policing: regulating commercial activity rather than interfering with private, non-commercial travel.
4. The Intent of RSA 261:40 and Consumer Goods Classification
RSA 261:40 (from New Hampshire law) addresses the right to travel and the exemption for consumer goods. This statute specifically provides a remedy for individuals who wish to exercise their right to travel without being subjected to commercial vehicle registration requirements. The statute essentially allows individuals with non-commercial vehicles to opt-out of registration requirements under the Uniform Commercial Code (UCC) exemption for consumer goods and household goods.
This aligns with the classification of private automobiles as consumer goods, which are exempt from the same regulatory framework that governs commercial vehicles. It reinforces the principle that non-commercial vehicles used for personal purposes should not be subject to unnecessary government control.
5. The Classification of Vehicles and Automobiles Under the UCC and Regulation Z
Under the Uniform Commercial Code (UCC), vehicles used for commercial purposes are considered commercial goods, while vehicles used for personal or household purposes are considered consumer goods. Regulation Z (issued by the Federal Reserve Board of Governors) relates to the consumer protection laws governing credit transactions, including vehicle financing.
When it comes to private automobiles, Regulation Z ensures that individuals who purchase non-commercial vehicles for personal use are protected from undue financial burdens or misleading practices related to their vehicle purchases. This regulation also prevents the use of registration as a tool for commercial tax or regulatory purposes in the case of private automobiles.
6. Unification of States Under the International Registration Plan (IRP)
While each state DMV has the autonomy to define and regulate vehicle classifications within its own jurisdiction, the states are unified under the International Registration Plan (IRP). The IRP is a cooperative agreement between U.S. states and Canadian provinces to allow for the unified registration of commercial vehicles that operate across state or national borders. However, this registration system does not apply to private, non-commercial vehicles, which are typically subject to state-specific registrations.
This unification ensures that commercial vehicles involved in interstate commerce are correctly documented, while private automobiles remain under the jurisdiction of state laws.
Conclusion: The Right to Travel and Its Constitutional Protections
In summary, the right to travel on public roadways remains constitutionally protected. The distinction between commercial vehicles and non-commercial private automobiles is crucial in understanding the regulatory framework that governs road usage.
- Commercial vehicles are subject to extensive regulations due to their role in commerce, while non-commercial vehicles used for personal travel are generally exempt from such regulation.
- Policing agencies are tasked with regulating commercial activities, not infringing upon private, non-commercial travel.
- RSA 261:40 and other similar statutes reinforce the idea that private automobiles are consumer goods, not subject to commercial regulations unless involved in commerce.
This comprehensive framework ensures that the right to travel is respected and that individuals are not unduly burdened by commercial vehicle laws when they are exercising their personal rights on the roads.