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Do you know the origin of this phrase?: "Driving is a privilege."

Started by Walker, November 23, 2010, 06:51 PM NHFT

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Walker

I am somewhat familiar with cases and legal arguments regarding one's right to travel; however I only hear this phrase about privilege being used by local DMVs.  I see the phrase prominently written in their driving manuals.  Did they originate the phrase?  Do you know of any judicial opinions, statutes, case law etc. that actually cite driving as a privilege?  I am not talking about personal opinions of bureaucrats, citizens, internet forum posters, etc.  I am talking about legal precedent.

My dictionary defines privilege as an honor bestowed upon a few people.  That hardly fits driving, so I wonder how someone came up with this.  It is sometimes more baffling to understand how it sticks with people.


KBCraig

It's a lie, of course.

"They" will acknowledge that you have a right to travel, but driving is a privilege subject to licensing and regulation.
"They" will acknowledge that you have a right to travel, but air travel is a privilege subject to regulations and unwarranted searches.
"They" will acknowledge that you have a right to travel, but horses are prohibited from roadways for the safety of other travelers, and are also subject to USDA and state regulations requiring medical testing before crossing state lines.
"They" will acknowledge that you have a right to travel, but bicycles are banned from major roadways that are the only way to cross rivers, mountain ranges, and many state lines.
"They" will acknowledge that you have a right to travel, but pedestrians impede traffic and are subject to vagrancy laws if they can't find a road house within a day's walk.

In short: you have the "right" to magically teleport yourself from one place to another. Unless it involves the RF spectrum, of course, in which case you'll have to get a license and approval from the FCC.

grolled

Quote from: Walker on November 23, 2010, 06:51 PM NHFT
I am somewhat familiar with cases and legal arguments regarding one's right to travel; however I only hear this phrase about privilege being used by local DMVs.  I see the phrase prominently written in their driving manuals.  Did they originate the phrase?  Do you know of any judicial opinions, statutes, case law etc. that actually cite driving as a privilege?  I am not talking about personal opinions of bureaucrats, citizens, internet forum posters, etc.  I am talking about legal precedent.

My dictionary defines privilege as an honor bestowed upon a few people.  That hardly fits driving, so I wonder how someone came up with this.  It is sometimes more baffling to understand how it sticks with people.

The origin of this is from the US Supreme Court case of HENDRICK V. MARYLAND, 235 U. S. 610 (1915), which stated:

QuoteIn the absence of national legislation covering the subject, a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles -- those moving in interstate commerce as well as others. And, to this end, it may require the registration of such vehicles and the licensing of their drivers, charging therefor reasonable fees graduated according to the horsepower of the engines -- a practical measure of size, speed, and difficulty of control. This is but an exercise of the police power uniformly recognized as belonging to the states and essential to the preservation of the health, safety, and comfort of their citizens, and it does not constitute a direct and material burden on interstate commerce.

Russell Kanning

I heard it from the Sheriff in Gove county KS
He said it was in the constitution.
I guess I didn't possess that priviledge ...