Is the Driver License now strictly Federal?

An article by Walter Kenaston who delves into the question I have, is the driver license federal in nature? The original piece is  hereIs the Driver License now strictly Federal?
by Walter Kenaston 

“The Florida State Railroad and Public Utilities Commission does not have power to fix intrastate rates to be charged by common carriers for the transportation of property owned by the United States government and for the transportation of household effects of military personnel between points within the state, and the application of Florida state statutes as to rates of carriage of such goods is precluded by the supremacy clause of the federal Constitution.” UNITED STATES of America v. CARTER, hn. 3, 121 So.2d 433 (June 17, 1960, S. C. Fla.)

Why is this important? It is because I believe the driver license issued these days are all federal. It is a fact that regulation of intrastate carriage in Florida was repealed by sunset in the early 1980’s.

“Sunset Act, insofar as it repealed regulation of intrastate motor carriers and the trucking industry, did not unconstitutionally deny carriers access to state courts.” Alterman Transport Lines, Inc. v. State, 405 So.2d 456 (1981)

So regulation of carriage must be interstate in nature, and thus under federal auspices, and also the DL’s that are issued are federal in nature, even if done in compliance with state law.

This can be seen by looking at the Learners’ Permits issued to those 15 to 16 years of age. The statutory provision for same at FS 322.1615 was not enacted until c. 96-414, § 5, Laws of Florida, 1996, effective July 1, 1996. I had my learner’s permit at age 15 many years ago. While I need to investigate further, there appears to have been no Florida law providing for a “Learners’ Permit,” but the District of Columbia had one starting back in 1925.

And it is not by State law but by federal law that the age at which one can obtain a “regular” driver’s license is reduced from age 21 to age 18.

The Adult Rights Law, Laws 1973, c. 73-21, § 743.07, reduces the age limit from 21 years to 18 years for drivers of common-carrier motor vehicles described in § 323.17. Op.Atty.Gen., 073-207

This, as it says, applies to common-carrier drivers, not those working in private carriage, as in chauffeurs.

It was 1963 Laws, Ch. 67-377, an Act to permit transportation of newspapers and suppliments, exempting such from provisions of F.S. 323.03(1)(e), 323.08(1) and (2), and 323.19, that brought those who might be using mere standard automobiles and small trucks who were common carriers under regulation. This has never been repealed, despite the fact that the other sections in the chapter where this was codified were repealed, and that this chapter now stands repealed via “sunset.” The original law was not. I believe that the only authority to make the common folk get a driver license for their
own automobiles lies in that unrepealed law, again, regulating common carriers.

I believe that the “Class E” DL is an inferior DL granted under federal auspices to federal “children” who have a lower grade of test to pass to get the Class E. I also think it is merely a DL given to those who have attained 16 years having had their Leaners’ Permit, making it a learner-type permit for adults (under federal law).

I believe the Carter case is all the excuse “they” need to say we are all federal “children” engaged in interstate common carriage who are going about federally contracted hauling/carriage for a “price” negotiated federally – free. (Slaves work for free, ehh?)

The Carter case is, I believe, the fourth important case in cracking the DL “nut” and I mention it along with the other three I believe important at the “Certificate of public convenience and necessity” heading/section of my traffic compilation.

 

 


 

FAC 15A-7.016 Persons Exempt From Requirements of Commercial Driver’s License Program; Noncommercial Driver’s
License Endorsement.

(1) The following persons are exempt from the requirement to obtain a commercial driver’s license:
* * *
(e) Drivers of straight trucks that are exclusively transporting their own tangible personal property which is not for sale.
* * *
(4) A person operating an authorized emergency commercial motor vehicle is required to have a valid class D driver’s license which contains the endorsement “E = Emergency Commercial Motor Vehicle. The “E endorsement is to be issued without additional charge.
Specific Authority 322.02(3) FS. Law Implemented 322.01(18), 322.53(2), (4) FS. History”œNew 4-7-91.

 


 

 

 

 

15A-7.016 Persons Exempt From Requirements of Commercial Driver’s License Program; Noncommercial Driver’s License Endorsement.
(1) The following persons are exempt from the requirement to obtain a commercial driver’s license:
(a) Legitimate farm to market operations by farmers and to those operators of a farm vehicle which is:
1. Controlled and operated by a farmer;
2. Used to transport either agricultural, horticultural or forestry products, farm machinery, farm supplies or both to or from farm or harvest place to the first place of processing or storage or from farm or harvest place directly to market;
3. Not used in the operations of a common or contract motor carrier; and
4. Used within 150 miles of the person’s farm.
(b) Military personnel driving military vehicles. This exemption applies to any active duty military personnel, and members of the reserves and national guard on active duty including personnel on full time national guard duty, personnel on part-time training and national guard military technicians (civilians who are required to wear military uniforms and are subject to the code of military justice);
(c) Drivers of authorized emergency vehicles as defined in s. 322.01(4), F.S. This exemption applies to drivers who operate emergency or fire equipment which is necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and are not subject to normal traffic regulations. These vehicles are equipped with audible and visual signals and are operated by a person in the employ of a volunteer or paid fire organization. Emergency equipment such as a fire truck, hook and ladder truck, foam or water transporter or other vehicles used only in response to emergencies are included;
(d) Drivers of recreational vehicles, as defined in s. 320.01, F.S. This exemption applies to drivers of recreational vehicles operated solely as a family/personal conveyance for recreational purposes;
(e) Drivers of straight trucks that are exclusively transporting their own tangible personal property which is not for sale.
(2) “Operated by a farmer in (1) above can include employees or family members of the farmer, as long as the vehicle is controlled by the farmer and conditions 2. through 4. are met, but not employees whose primary purpose of employment is the operation of motor vehicles.
(3) A person operating a farm commercial motor vehicle is required to have a valid class D driver’s license which contains the endorsement “F = Farm Commercial Motor Vehicle. The “F endorsement is to be issued without additional charge.
(4) A person operating an authorized emergency commercial motor vehicle is required to have a valid class D driver’s license which contains the endorsement “E = Emergency Commercial Motor Vehicle. The “E endorsement is to be issued without additional charge.
Specific Authority 322.02(3) FS. Law Implemented 322.01(18), 322.53(2), (4) FS. History”œNew 4-7-91.

 

 

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One thought on “Is the Driver License now strictly Federal?

  1. Tracy says:

    Title 18 USC 31:

    "Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property.

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