The Roadway Report

Discovering the Rights you didn’t know you had

This Report will tell you:

The truth about the Driver’s License;
The truth about the Certificate of  Title;
How the driving laws and statutes are misapplied; and
How to remove yourself from the jurisdiction of the fraudulent state.

Why this Report was Written

Like it or not, us humans are creatures of habit. We tend to stay in uncomfortable situations that we’ve grown used to, as long as they are tolerable. It’s when the situation becomes intolerable that some of us begin experimenting with “change”.

Driving conditions in many states have become intolerable to great numbers of people, not only the physical act of motoring along the roadways, but all the paper work and financial expense that goes with it. An explanation of the “evils” of the present system is unnecessary since you wouldn’t be reading this report if you didn’t know that changes need to be made.

As for myself, I began researching the whole “driving issue” after I received a $60 ticket for an improper left turn. I didn’t see the “No Left Turn” sign and although I had executed the turn beautifully with no property damage or bodily injury done to anyone, it was still not the right thing to do at that corner.

If it had ended with my paying the fine, I would have forgotten the whole incident, but it didn’t. My insurance company tacked a surcharge onto my already too high insurance premium. The surcharge was to be paid for the next 3 years. I grabbed my calculator and figured out that the total would be around $800.00!! What the heck for? There was no victim, and I had already paid my debt to society. In fact, when I complained to my insurance agent about it, he agreed with me that it wasn’t fair, but it was the law! Of course, it doesn’t take a rocket scientist to figure out that laws are made to benefit those in power — or to benefit those who influence those in power.

To say I was angry would have been an understatement. I also felt used, abused and, worst of all, powerless. I had the greatest inclination to sell my car, turn in my license, and tell them to “shove” their surcharges, but then what?  The state was built around automobile useage and it wasn’t only myself who would be affected. I had 2 young girls to chauffeur here and there.

Though circumstances forced me to accept that demeaning situation, I promised myself to seek out an alternative to such an unjust system. Oddly enough, a few years later, I was discussing the IRS and taxation with someone and he mentioned to me that he had a friend who was very well versed in not only tax law, but also the motor vehicle statutes. In fact, he had recently rescinded his state driver’s license and was driving around with some other perfectly legal credentials. Without skipping a beat, I told him I wanted to meet his friend. That was the beginning of my “driving” education.

Since then, I’ve gotten information from many different sources and was even given a complete copy of the New Jersey Motor Vehicle Code, Title 39. I would not encourage anyone to do anything that is illegal, mainly because it is not necessary. The law is on our side, and both our unelected, and our elected officials have not been entirely straight with us.

The information in this report has been checked out for accuracy, but we welcome both comments and criticism, so please feel free to contact us. We hope you will be enlightened by what you read. Our natural rights are lost through our own ignorance. Please also see the Information Module.

Claudia Ann Montelione
Driving: A Right or a Privilege?

Here is an argument that has been raging on for years. There are Sovereign individuals who carry “Right to Travel” cards and refuse to be brought under the police power or the jurisdiction of the state while in the normal course of driving. Are they just practicing civil disobedience on general principle? Are they merely part of the lunatic fringe, or have they got a valid case? Let’s take a look at the issues here.

Case law tells us what the courts have decided in issues about “right vs. privilege”. In the case of Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; and in 25 American Jurisprudence (1st) Highways Sect. 163, we find that, “The use of the highways for the purpose of travel and trans-portation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” So here we have 3 court cases and a quote from one of our basic American law volumes telling us that we have an inalienable right to use the roadways.

The case of Thompson vs. Smith, 154 SE 579 found: “The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness.”

On the other hand, those who use the roadways for profit and business rather than for personal reasons, are excercising an “extraordinary use”. This extraordinary use of public thoroughfares is a privilege, so if you have a trucking business, or are running a transportation service, etc., then the state has a right to license and regulate your activities upon the roadways.

Now, if we have the Right to drive our automobiles (by definition, the law holds that an “automobile” is used for pleasure and/or personal use whereas a “motor vehicle” is used for commercial purposes) on our roadways, why do we need a license? Most folks think that getting a driver’s license is a way for the state to determine competency, and initially it does work that way, but if that were the sole reason, then regular testing would be in order rather than just a renewal fee every 4 years. Furthermore, here’s something else to think about: if licensing by the state proved competency, wouldn’t the state then be somehow liable for accidents caused by incompetent drivers? But no matter how responsibility is parceled out, the fact remains that a “license” indicates that the activity is a privilege. By definition, it is permission to do something that would be otherwise illegal The only way to turn a Right into a privilege and place the individual into a commercial category is to have the individual waive his/her Right.

Who in their right mind would waive a Right and deliberately place themselves under the police power and state regulations? No one! That’s why we were never told that when we first signed our names to our driver’s licenses, we effectively signed away our Constitutional and legal Rights. In other words, you contracted (an “unrevealed” contract) with the state to be treated like a commercial entity. If you were not told that, then you were the victim of constructive fraud!

State Laws

While Motor Vehicle laws vary from state to state, the application of those laws is often done in a deceptive manner. I’ll use New Jersey’s Title 39 — the Motor Vehicles Code — as a typical example. Chapter 3, Paragraph 1 begins:

Certain vehicles excepted from chapter: Automobile fire engines and such self-propelling vehicles as are used neither for the conveyance of persons for hire, pleasure or business, nor for the transportation of freights, such as steam road rollers and traction engines are excepted from the provisions of this chapter.

The language above is rather clumsy, but basically, it means that if you’re not using your car (or van, or truck) for commercial purposes, then you are exempted from that chapter. The rest of the chapter consists of registration and licensing requirements, which, as the above paragraph states, applies only to vehicles used in commerce.

Again, in Title V of the Vehicle and Traffic Laws of the State of New York, which govern Drivers’ Licenses, we find that under Article 18,

Paragraph 500, “Application of this Title”,

Except as otherwise expressly provided in this chapter, this title shall be exclusively controlling: a. Upon licensing and regulation of drivers; and b. On their use of public highways.

One of the prime reasons for the misunder-standing regarding who is subject to these statutes is the use of the terms “motor vehicle” and “driver”. Both of these terms are “commercial”, that is, legally, a “motor vehicle” is used for commerce, like a taxi, or for the transportation of goods, as opposed to an “automobile” which is used for personal reasons — going to and from work, going shopping, etc. A “driver” is what we everyday folks would call a chauffer or one who drives a vehicle for hire. So, if you agree that you are a driver of a motor vehicle, then you, yourself, are putting yourself into a commercial class, subject to the regulations and statutes.

Try re-reading the legal material above in light of your new understanding of the words “motor vehicle” and “driver”. It’s a whole different ball game!

When words are used in such a manner to confuse people, they are called “words of art”. The Internal Revenue Service is infamous for this. Who would ever know that the word “income” has been ruled by the Supreme Court to mean “a profit or a gain”, as when you earn interest or dividends from an investment, or rent from real estate. Exchanging your labor for money is “compensation”, but all of that is another subject.

What’s a Police Officer to do?

“The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution.” Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613; Bacahanan vs. Wanley, 245 US 60. And then consider: “The claim and exercise of a Constitutional Right cannot be converted into a crime.” Miller v. U.S. 230 F 2d 486, 489.

According to “Aid and Abet” Newsletter (P.O. Box 8787, Phoenix, AZ 85066, ) written by lawmen for lawmen (law-women too, I would think), “If laws in a particular… state or local community are in conflict with the Supreme Law of our nation, there is no question that the officer’s duty is to ‘uphold the U.S. Constitution.'”

“To make adjustments in the system at this time for “rights” that only a relatively few…Americans realize they have would be difficult at best. It is also quite understand-able that this is upsetting to those in government who, for years, have not had anyone around to call attention to such infringements on the public’s rights…”

“…it is more than obvious that if we choose to support our oaths, and therefore our fellow countrymen’s rights, we will need great courage. It will require that “both sides” become more understanding of each others’ obligations and duties. As officers, you will, at times, be sorely taxed and tempted to “correct a particular attitute forthwith”, when a Freeman, Patriot, Constitutionalist (whatever the name), rather crudely, or rudely, expresses their views to you. It will take great patience to understand that these people are attempting to regain and save certain rights that belong not only to them, but to every police officer and their families.”

“We must remember that every American… has not just the right, but the DUTY, to point out perceived injustices in or system of government. The truth is, most police officers would have little respect for any American that shirked this most important patriotic duty.”

It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.

Justice Robert H. Jackson, 1954

It is the “unrevealed” contract (our Driver’s Licenses) that makes all licensed  drivers obligated to make good on any citations. You gave your permission and waived your right to due process of law. Did you ever wonder why you were considered guilty until proven innocent when trying to fight a traffic ticket, rather than innocent until proven guilty, which is the American way? Now you know why.

A Brief in Support of Notice for Dismissal for Lack of Jurisdiction is a 23 page legal brief that has been used in at least 3 states to support a demand for dismissal of charges of driving without a license. If you would like more legal detail on the right to drive, or are involved in a court case, this brief would be a great help. It is not on-line yet, so for a copy, just send a check for $10 with your name & address with a request for “The Driving Brief” to: The Penny Pincher Press, c/o 315 Main Street, Simpson [18407] Pennsylvania.
Your Car: An Endless Source of Revenue
for the State

Q.  When is Your Car Not Your Car?

A.  As soon as you buy it from the manufacturer!

The trail of fraudulent state activity starts as soon as a motor vehicle or automobile (as we now know from the “Driving” article, under the law the two are treated differently) is purchased from the manufacturer. If you have a problem believing we’re the victims of fraud by the state, just read on.

“Paramount Title” is the highest evidence of ownership. It is also known as a Manufacturers Certificate of Origin (MCO) or a Manufacturers Statement of Origin (MSO), depending on which state is setting the caption. These instruments are more negotiable than the Certificate of Title, which is what we wind up with. Under the licensing agreements set between the car dealer and the DMV agency, at the time of original sale of the automobile, the MSO is appropriated by the DMV. This is done without disclosing the nature of the transaction to the original buyer who pays the consideration for the purchase. The state, who gets the negotiable instrument the buyer just paid for, then puts the Paramount Title on microfilm. The originals are destroyed. This sets in motion an incredibly lucrative revenue-generating machine for the state.

Apparently, the DMV agencies (through their parent agencies, the Dep’s of Transportation) use these ill gotten properties as collateral against which bonds are generated to finance highway work projects and probably other state activities too.
The Registration Game
Many years ago, when registering motorized conveyances became a requirement, the registration process was ‘sold’ to the people as a safety precaution. Should the vehicle be stolen, it made it easier for the authorities to recover it for you. However, just add up all the taxes, fees and surcharges you’ve ever paid on your car and you may decide you’d be better off taking your chances with the car thieves of the streets.

Since we now know that the state fraudulently appropriates true ownership of all vehicles sold, we see that our yearly registration fees are, in fact, leasing fees! In many states, registration renewal is set at a percentage of the automobile’s current value. Being that the vehicles we are driving are all leased, then the lessor has the right to set the rules we must abide by while using the leasing state’s property. In other words, if we violate the rules of the road we have no right to complain about the tickets we receive because by registering with the state, we’ve agreed to accept it all. The fact that we were duped into doing so has got to be reckoned with and the people we should first reckon with are our legislators. We’ve hired them to enact laws that are beneficial to us, not to collude with the state to suck the dollars from our pockets.

As long as the focus of this report has turned to the people we’ve put in authority supposedly to protect us from harm, here’s yet another point to consider. Across America, Driver’s Education is taught in just about all of the high schools. This is a topic we haven’t researched, so if I’m wrong, I’d be wonderfully pleased if you’d let me know, but I don’t believe any of the foregoing regarding our freedom of mobility is even thought about, much less brought up as a topic for discussion in any of our schools. On that basis, it would seem that the education community is also in collusion with the state, and why shouldn’t they be? The taxpayers may fund the school system, but the money is first ‘laundered’ through the state and federal governments.

Sales Tax, Endless Sales Tax

Now, consider what happens when we sell our cars. The original purchaser pays a sales tax, but when we decide to pass it along to someone else, that person pays a sales tax again. And when that “owner” wants to sell it, the subsequent “owner” will pay yet another sales tax, and on and on. We are at a loss to think of any other item upon which sales tax is paid over and over again. Think about it. How did the state survive before cars were invented?

Faced with such corruption and deceit, how can we reclaim our rights and live the way we, as Americans, are supposed to live? The answer to this is two-fold.

The sovereigns and patriot types have the “in your face” approach. They are taking the system head on and openly asserting their rights. While this approach is certainly commendable and correct, one has to be knowledgeable enough to defend, enforce his/her unalienable rights keeping in mind that there’s a chance of spending some time at the “Graybar Hotel” as a guest of the state if the officer involved is ‘pig-headed’ and adamant in his/her belief that everyone is under the state’s jurisdiction. Understand that the police are just as much victims of the dumbing down process as any other average individual. They have not been taught about, and do not understand, the difference between private and commercial.

An alternative, recommended approach is to take yourself out of the current state’s jurisdiction. The premise here is that if the state cannot make money on you, they’ll leave you alone. Believing that we are all subject to governmental authority, an officer will tend to be satisfied if you have the “OK” to travel by some other jurisdiction but won’t want to spend time on you if he cannot generate revenue from you. However, diplomacy counts. What you say to a police officer and how you conduct yourself is important.  Please read what follows carefully.

The International Driver’s Permit (IDP)

The IDP is not a “license” as a license is permission to do something. We believe that driving on your roads is your right, provided you’ve proven competency in that area. The IDP simply identifies you and indicates that you know how to drive a motor vehicle.

People often ask if they should use a foreign issued address or if they should use their local mailing address on the Int’l Driver’s Permit. Since you have a choice, it is recommended that you use a foreign address which can be provided if you are unfamiliar with areas outside the U.S. of A.. If you have a local address on your IDP, the officer might run your name and address through the national DMV computer system to search for a match. He can then find out whether or not your state license is compromised, but even if your driving record is okay, the officer might write you a ticket under your state license.

Using the foreign address does not imply that you’ve ever been to the foreign locale, nor does it mean you are a resident or a citizen there. It’s simply a legal address you have accessed through the issuing organization. Just hand the officer your documentation. Don’t offer any information unless asked! When you receive your registration and/or driver’s permit you will be sent more info. about handling traffic stops.

Just remember, the officer is trained to raise revenue for the state, plus, if ticketed under the state license, you will receive surcharges as well from DMV and your insurance company. Oh! And don’t forget about points for the next 3 years and possible suspension! So, the whole point of obtaining an IDP is to avoid all this mess, frustration, aggravation and highway robbery! With a foreign address, no match will be found in DMV computers of you having a state license and no points, no surcharges, no highway robbery, no suspension , no insurance increase, no headache and 9 times out of 10, no tickets are meted out. If you do receive a ticket, you simply pay the ticket and that’s the end of the whole matter…just like in the good old days!

Another important point, perhaps even more important than the address issue, if you have a state license, revoked or not, you should use your religious name, or any name that is legally yours but which you don’t usually use. For instance, a Catholic, at confirmation, takes on someone’s name. A boy’s name might be “John Anthony Doe”. After confirmation, it becomes “John Anthony Michael Doe”. Not only is it your right (religious) to do so, it is also very legal! You can even use a religious name as your first name. Instead of “John Anthony Michael Doe” or “John Michael Doe” , you can use it as “Michael John Doe”, or “Michael Tony Doe”, or “Michael Anthony Doe”, etc. If your name is “Cassius Clay” and you become Muslim, you might take on a religious name, such as “Mohammad Ali.”

You can also change the spelling of names, for instance, spell “John” and “Jon” or “Jean”; “Michael” can be spelled “Mikell” or “Mikeal”, or “Doe” can even become “Dough”, etc.

As for the Date of Birth, you could use a baptismal date or your conception date. That would be your birth date minus 9 months. Just remember that what you submit upon the Application is what will appear on your Permit. However, this agency will not be held responsible or liable for the misuse or abuse of such information submitted.

We hope this information helps you to make certain decisions when applying. If you have any concerns, please call us so we may further assist you.

PLEASE NOTE:  Having an International Driver’s Permit does not authorize the holder to break the law(s) or endanger public safety. The holder of an International Driver License is presumed to be bound under the Convention of International Road Traffic of 19 September, 1949. That is, you must be qualified, and obey all the rules of the road in every country or state that you use your IDP in.

The IDP is NOT a silver bullet against traffic citations. If you apply for your IDP in the manner suggested in this report, you more than likely will avoid citations, but as a responsible driver, you are liable for any property damage you may cause.

The IDP is internationally accepted in over 200 countries including the United States of America. It is verifiable in the country of issue and is the same type of permit you would receive if you went through AAA. However, unlike AAA, the organizations we deal with are not corporate entities and you can obtain a Driver’s Permit without having to provide proof of a current state license. The IDP is non-contractual so you keep all your inalienable Rights intact. The IDP has traditionally been used to rent cars, buy cars, cash checks and to show proof of age, although this may have changed since 9-11.

The Automobile Trust

Americans take great pride in “owning” things. It is always a great relief when the mortgage is paid off, or the car loan is finished, and we finally gain “full ownership”. This ownership brings with it one particular inherent problem. To use a catch phrase, “To own is to owe”, which is particularly true of mortgageable properties — houses, cars, boats, etc. With these items in our names, anyone bringing a lawsuit against us can attach them, if we run afoul of the law, they can be seized, etc.

To insulate you from liability as far as your car is concerned, and to have control of your car yet not have it registered in your name, the Automobile Trust was created. A trust is an entity that holds assets for the benefit of a certain person or other entity. It consists of at least one ‘trustee’ who has responsibility for the assets (and who would sign the registration application with “by agent” after his/her name), and a ‘beneficiary’ for whose benefit the trust was created, in this case, the man or woman using the automobile. This trust is completely private, i.e., it doesn’t have to be registered with the state, it takes ownership of the automobile out of your name, and you can use any address you’d like for it, usually the trustee’s address. Having the car in a trust, however, does not eliminate the state requirement for insurance.

The way the automobile trust works is, the trustee (whom you suggest, preferably someone you trust), as an agent of the trust, registers the car in the name of the trust. The trustee bears no liability for anything that happens regarding the trust, and that is written in the Declaration of Trust. A Permission to Use document, giving permission for the beneficiary, or anyone the beneficiary allows, to use the car, is signed by the trustee and notarized. This document is carried in the car. Should the car be sold, the trustee is the one who signs the back of the title and handles that transaction for the trust. If you are just buying a car, it can be purchased in the trust organization’s name directly, avoiding extra, unnecessary paper work.

Frequently Asked Questions about the IDP
Q. What if an officer stops me and challenges the validity of my international permit/registration?

A. According to the U.S. Constitution, you are innocent until proven guilty. If you are ticketed for not having a valid driver’s license by an uninformed officer, the burden of proof is on the state to prove you guilty. Since your IDP is issued by a legal, foreign jurisdiction, it would be impossible for the state to substantiate its claim. It would be forced to immediately dismiss any action against you, as has happened in other states.

Q. What if the officer tells me I am required to have a state driver’s license?

A. The only way an officer can tell you that is if he believes your legal residence is within his state. If you are merely staying with family or friends, driving a borrowed car and have a legal residence elsewhere, then you are not required to have a state driver’s license.

Q. Can I still get ticketed for a moving violation such as speeding?

A. Probably not. Once an officer sees that you are in a foreign jurisdiction, he/she will be much less motivated to ticket you due to the jurisdictional constraints. However, this is not a license to break traffic laws. If an officer really wants to go out of his/her way, he/she can still try to ticket you.

Q. If my state issued driver’s license was revoked or suspended, is the international permit still valid?

A. Yes, most certainly, but only if your name, as holder of the IDP, is not connected to the state-issued license that was suspended or revoked. An international permit is not a license or a privilege issued by one of the states. It is a motorist qualification indicating that you know how to operate the motor vehicle indicated on your permit. In using a privately-issued IDP, you are driving as of Right and not under privilege, but if a state-issued license in your name is found, the state license takes precedence over the IDP.

Q. By accepting an Int’l Driver’s Permit, am I under any type of adhesion contract with the issuing jurisdiction?

A. No. Unlike a state issued driver’s license, the Int’l Permit conveys no power of attorney over you. It is issued by a private association, not a governmental agency.

Q. What if I get into an accident?

A. If you are at fault, you are responsible to pay the damages, just as you would in any case.

Q. With an Int’l Driver’s Permit, am I still required to carry auto insurance?

A. Possibly. The following are considerations: 1) Your vehicle is registered in a state which does not have mandatory insurance laws; 2) You are a Sovereign and are willing to challenge your state’s registration and/or insurance laws; or 3) You rescind your state issued certificate of title, and register & title your vehicle in a foreign jurisdiction and display that license plate on your vehicle.

Q. Can I use my International Permit to rent cars?

A. Yes. Most of the major car rental companies have been exposed to IDPs for some years now and do not even question it. However, this may not hold true since 9-11.

Q. Overall, what are the benefits of an Int’l Driver’s Permit over a state issued driver’s license?

A. Many. Unlike state issued licenses, the states cannot assess points against, nor revoke or suspend the Int’l Permit. If you are stopped for a moving violation, the law officer is much less likely to write you a citation once he/she sees you are from a foreign jurisdiction. Also, the Int’l Permit gives individuals a second chance to drive who have lost their state issued driving privilege. As previously mentioned, the state issued driver’s license is an adhesion contract which causes you to lose (in whole or in part) at least 3 to 4 constitutionally recognized rights (depending on the state). This is done through what is legally referred to as constructive fraud since you were not made aware of it when you first signed your state issued driver’s license. With the Int’l Permit, you keep all your constitutionally guaranteed rights. This does not mean you should feel you are doing something unethical, or immoral. The statutes you are avoiding are those which are set up for the sole purpose of revenue collection and control. Please see the Information Module for a better understanding.

What is an International Driver License (Permit)?