[net.legal] Drivers license regulated industry or right?

dave@teldata.UUCP (05/18/84)

I noticed that more and more people  are  talking  about  driving  being  a
privilege  from the state.  I would like to know when it became a privilege
to move from point to point (don't you have to have papers to  move  around
in  Poland?)  and who is the master as lined out in the Constitution of the
United States of America?

Licenses are  for  people  who  are  operating  in  a  regulated  industry.
Therefore  if  I  have  insurance  for  my car, insurance being a regulated
industry, am I not then required to have a license since I am now operating
within  the  regulated industry.  If that is the case then if I do not have
insurance then I don't need the license.

To be free a person has to be responsible  for  his/her  actions  not  some
insurance company.

			Dave.

guy@rlgvax.UUCP (Guy Harris) (05/19/84)

> I noticed that more and more people  are  talking  about  driving  being  a
> privilege  from the state.  I would like to know when it became a privilege
> to move from point to point (don't you have to have papers to  move  around
> in  Poland?)  and who is the master as lined out in the Constitution of the
> United States of America?

It's not a privilege to move from point to point in the US.  I would like
to know when it became a requirement to drive in order to get from point
to point?

The roads are built and maintained by state governments; as such, they can
require licenses to use the facilities they provide.  If the roads were
privately-built and maintained, using those roads still be a privilege
granted by the builders and maintainers.

> Licenses are  for  people  who  are  operating  in  a  regulated  industry.

Huh?  A "license", according to Webster's Ninth New Collegiate Dictionary, is

	...a permission granted by competent authority to engage
	in a business or occupation or in an activity otherwise
	unlawful...

The first two items (permission granted to engage in a business or occupation)
do indicate a regulated industry, but the third is somewhat of a catch-all.
That's the way I'd use "license" in the sense of "UNIX license" (use of the
UNIX(TM) brand Operating System :-) is unlawful - or, at least, prosecutable
as a civil offense - unless one has a technology license from AT&T) or
"patent license" (use of a patented technology is unlawful etc. unless one
has a license from the patentee), and that's the way I'd use "license" in
the sense of "driving license".

> Therefore  if  I  have  insurance  for  my car, insurance being a regulated
> industry, am I not then required to have a license since I am now operating
> within  the  regulated industry.  If that is the case then if I do not have
> insurance then I don't need the license.

No, *you* are not operating within the regulated industry.  You are a *customer*
of a company operating within the regulated industry.  Do you need a license
to have a telephone connection to the local central office, just because the
telephone industry (well, the local service part, anyway) is regulated?

	Guy Harris
	{seismo,ihnp4,allegra}!rlgvax!guy

rcd@opus.UUCP (05/22/84)

>I noticed that more and more people  are  talking  about  driving  being  a
>privilege  from the state.  I would like to know when it became a privilege
>to move from point to point (don't you have to have papers to  move  around
>in  Poland?)

It hasn't (yet!) become a privilege to move from point to point.  Move
about as you will, but if you're going to use an automobile to do it,
society has determined that there is sufficient potential for harm to
others that it will regulate your use of that automobile on public
roadways.  Driving your own car is hardly the only way to move about.
-- 
...A friend of the devil is a friend of mine.		Dick Dunn
{hao,ucbvax,allegra}!nbires!rcd				(303) 444-5710 x3086

ntt@dciem.UUCP (Mark Brader) (05/22/84)

teldata!dave says:
	I noticed that more and more people are talking about driving
	being a privilege from the state.  I would like to know when it
	became a privilege to move from point to point....

It isn't.  The privilege is that you are operating hazardous equipment
on public property.  Of course you have a right to move from point to
point -- on foot, for instance, or if you are in a hurry, as a passenger
in a professionally driven common carrier vehicle (plane, train, taxi).
And if your own property is large enough, you are (or should be) free to
use whatever means you like to move from point to point within it.

But if you want to drive a vehicle yourself on a public road, then you
had better prove yourself able to do so safely, by acquiring a license.  
First.  And yes, that makes driving a privilege.

(I hope you're not going to dispute that a car is hazardous
equipment.  Know what the death rate from car accidents is?)

Mark Brader

seifert@ihuxl.UUCP (D.A. Seifert) (05/23/84)

>  Driving your own car is hardly the only way to move about.

True, except that I can't find my roller skate key.
-- 
	_____
       /_____\	   	    That auto-crossing beagle,
      /_______\			      Snoopy
	|___|		    BMWCCA, Windy City Chapter
    ____|___|_____	       ihnp4!ihuxl!seifert