Scribd Logo
Upload

Welcome to Scribd!

  • Brief in Support Summons 162083 PDF

    Uploaded by

    Elias Agredo-Narvaez
    22 views45 pages

    Original Title

    Brief in support summons 162083.pdf

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    22 views45 pages

    Brief in Support Summons 162083 PDF

    Uploaded by

    Elias Agredo-Narvaez

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 45
    =—_—_—oOOOO CERTIFIED MAIL # 7018 1780 0002 3740 3102 112520151830 Jackson Township a SUMMOMS#162083 STATE VS. ™ELIAS AGREDO-NARVAEZ ————qqumiee_ BRIEF AMICUS CURIAE OF Elias Agredo-Narvaez _ DANIEL H. SAHIN, Esq STEVEN ZABARSKY, Esq. JUDGE PROSECUTOR Municipal Court Jackson Township Municipal Court Jackson owns) 102 Jackson Drive 102 Jackson Drive Jackson, NJ 08527 Jackson, NJ 08527 JOHN JAY HOFFMAN ACTING ATTORNEY GENERAL RJ Hughes Justice Complex 25 Market Street, Box 080 Trenton. NJ 08625-0080 SeellZsis Item# 12231972-EAN-BIS Page | of 41 —_ SS CERTIFIED MAIL # 7015 1780 0002 3740 3102 112520151830 “As an attomey, it was my mandate to fight against authority when it was. overbearing, abusive, or unjust, but also to respect and believe in the system. When | challenged the system it was not from disrespect; rather, it was the ultimate form of respect. | understood then, as | do today, that absent challenge, authority becomes totalitarian. Authority needs to be challenged if we are to ensure the integrity of the process. It is one of the greatest truths of our system.” Judge Harold J. Rothwax Alll codes, rules and regulations are applicable to the government authorities only, not human/Creators in accordance with Gods laws. All codes, rules and regulations are unconstitutional and lacking in due process. ~ Rodriques v Ray Donavan (U.S.Department of Labor, 769 F. 2d 1344, 1348 (1985) and see — JONES v. MAYER CO.,392 U.S. 409 (1968), which states, “In plain and unambiguous terms, 1982 grants to all citizens, without regard to race or color, "the same right" to purchase and lease property "as is enjoyed by white citizens." As the Court of Appeals in this case evidently recognized, that right can be impaired as effectively by "those who place property on the market" as by the State itself.” Injustice anywhere is a threat to justice everywhere QUESTIONS PRESENTED Whether Section 3-4 of NUS 39 Motor Vehicles and Traffic, can Constitutionally apply to Private individuals who are not using the public highways for profit or gain, and whether or not government agents including municipal courts can impose such statutes on those Not subject to the rules and regulations thereof without violating their Oath of office and without trespassing. ‘And whether the Clearfield Doctrine could be invoked in this matter should the ‘municipal court decide to proceed with the enforcement of the obviously misleading summons. Item# 12231972-EAN-BIS Page 2 of 41 | ss CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 have a firm, good faith reliance that officers of the court have executed oaths to support both State and Federal Constitutions, and to uphold the law. | have a firm, good faith reliance that officers of the court are educated, trained, paid, and swom to uphold the law. Officers of the court are required to report criminal activity as promptly as they become aware of it. Currently, One is about to be or have been defrauded by officers of the court by specific intent, since they have no excuse such as ignorance of the law. ‘The Federal Government is granted the power to prosecute 3 crimes - ONLY + Counterfeiting the current coins and securities of the United States + To define and punish Piracies and Felonies committed on the High Seas + Offenses against the Law of Nations. To provide for the punishment of counterfeiting the securities and current coin of the United States: Article 1, Section 8, Paragraph 6, Constitution for the United States of America. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: Article 1, Section 8, Paragraph 10, Constitution for the United States of America IDENTITY AND INTEREST OF AMICUS CURIAE Elias Agredo-Narvaez respectfully submits this brief amicus curiae in support of request for abatement of summons# 162083. Elias agredo-Narvaez is a blood and flesh man with arms and legs who is presenting this brief in order to help this Court to prevent the Possible commission of injustice from the part of what could be seen as fruits of a poisoned tree. ‘A case addressing the scope and authority of the TRANSPORTATION STATUTE AKA 49 U.S.C. Amicus considers this case to be of special significance in that agency use of the NJ Revised Statute Title 39 is crucial to maximizing regulatory efficiency and maintaining a legitimate balance between those subject to, and those NOT Subject there to; and therefore when applied, must be in harmony with the Federal Statutes. &, &: Item# 12231972-EAN-BIS Page 3 of 41 25/5 es CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 Procedural Due Process: The intent of procedural due process is to ensure that the government acts in a way that is fair and reasonable when making decisions that affect private individuals and that its actions are not arbitrary. While the exact appropriate procedures are determined by the facts of each case, usually the more substantive the right, the more heightened the procedure to ensure the particular rights in question have not been violated. Therefore, it is important to remember that the fundamental requirement in any situation requires adequate notice, hearing and impartiality. Sufficient notice must be given in order to apprise interested parties of the importance of the action, afford them an opportunity to present objections, and enable them to determine what is being proposed and what must be done to protect their interest. Presumption may not be used in determining the meaning of a statute. The purpose for defining a word within a statute is so that its ordinary (dictionary) meaning is not implied or assumed by the reader. Moreover, individuals cannot be deprived of a property or liberty interest unless they are provided some form of hearing in which they will have the opportunity to be heard. Depending on the facts and issues of each case, this hearing may be conducted before an administrative judge or a magistrate. Further, in order to provide procedural due process, it is important that not only a hearing be provided, but that the court is not predisposed against the individual. Memorandum of Law on the Name: nomen est omen “the name is a sign" Title Ill, “Pleadings and Motions," Rule 9(a) "Capacity," Federal Rules of Civil Procedure, states, in pertinent part: "When an issue is raised as to the legal existence of a named party, or the party's, capacity to be sued, or the authority of a party to be sued, the party desiring to raise the issue shall do so by specific negative averment, which shall include supporting particulars." [See affidavit attached as EXHIBIT A OF 3 PAGES] American Jurisprudence In general, it is essential to identify parties to court actions properly. If the alleged parties to an action are not precisely identified, then who is involved with whom or what, and how? If not property identified, all corresponding judgments are void, as outlined in Volume 46, American Jurisprudence 2d, at "Judgments:" "§ 100 Parties — A judgment should identify the parties for and against whom it is rendered, with such certainty that it may be readily enforced, and a judgment which does not do so may be regarded as void for uncertainty. Such identification may be. 1/25, achieved by naming the persons for and against whom the judgment is rendered. G/. Item# 12231972-EAN-BIS Page 4 of 41 —_—_— CERTIFIED MAIL # 7015 1750 0002 3740 5102 112520151830 Technical deficiencies in the naming of the persons for and against whom judgment is rendered can be corrected if the parties are not prejudiced. A reference in a judgment to a party plainly liable, followed by an omission of that party's name from the language of the decree, at least gives rise to an ambiguity and calling for an inquiry into the court's real intention as reflected in the entire record and ‘surrounding circumstances." [Footnote numbers and cites are omitted.] US Government Style Manual 's the spelling and usage of a proper name defined officially by US Government? Yes. The United States Government Printing Office in their "Style Manual,” March 1984 edition (the most recent edition published as of March 2000), provides comprehensive grammar, style and usage for all government publications, including court and legal writing Chapter 3, “Capitalization,” at § 3.2, prescribes rules for proper names: “Proper names are capitalized. [Examples given are] Rome, Brussels, John Macadam, Macadam family, Italy, Anglo-Saxon.” At Chapter 17, "Court work, the rules of capitalization," as mentioned in Chapter 3, are further reiterated: "17.1. Court work differs in style from other work only as set forth in this section: otherwise the style prescribed in the preceding sections will be followed." After reading §17 in entirety, | found no other references that would change the grammatical rules and styles specified in Chapter 3 pertaining to capitalization At § 17.9, this same official US Government manual states: “In the titles of cases the first letter of all principal words are capitalized, but not such terms as defendant and appellee." Examples shown in § 17.12 are also consistent with the aforementioned §17.9 specification: that is, all proper names are to be spelled with capital first letters; the balance of each spelled with lower case letters. Grammar, Punctuation, and Capitalization "The National Aeronautics and Space Administration" (NASA) has published one of the most concise US Government resources on capitalization. NASA publication SP-7084, "Grammar, Punctuation, and Capitalization.” A Handbook for Technical Writers and Editors, was compiled and written by the NASA Langley Research Center in Hampton, Virginia, At Chapter 4, "Capitalization," they state in 4.1 "Introduction:" “First we should define terms used when discussing capitalization: + All caps means that every letter in an expression is capital, LIKE THIS. + Caps & Ic means that the principal words of an expression are capitalized, Like This. e Ds) “aes Item# 12231972-EAN-BIS Page 5 of 41 ssw CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 + Caps and small caps refer to a particular font of type containing small capital letters instead of lowercase letters. Elements in a document such as headings, titles, and captions may be capitalized in either sentence style or headline style: + Sentence style calls for capitalization of the firs letter, and proper noun of course. + Headline style calls for capitalization of all principal words (also called caps & Ic) Modern publishers tend toward a down style of capitalization, that is, toward use of fewer capitals, rather than an up style." Here we see that in headlines, titles, captions, and in sentences, there is no authorized usage of all caps. At 4.4.1. "Capitalization With Acronyms,” we find the first authoritative use for all caps: “Acronyms are always formed with capital letters. Acronyms are often coined for a Particular program or study and therefore require definition. The letters of the acronym are not capitalized in the definition unless the acronym stands for a proper name: Wrong - The best electronic publishing systems combine What You See Is What You Get (WYSIWYG) features. Correct - The best electronic publishing systems combine what you see is what you get (WYSIWYG) features... But Langley is involved with the National Aero-Space Plane (NASP) Program." This cites, by example, that using all caps is allowable in an acronym. “Acronyms” are words formed from the initial letters of successive parts of a term. ‘They never contain periods and are often not standard, so that definition is required. Could this apply to lawful proper Christian names? If that were true, then ELIAS AGREDO-NARVAEZ would have to follow a definition of some sort, which it does not For example, only if ELIAS AGREDO-NARVAEZ were defined as ‘Elias Agredo Holistic Nutrition of the Narvaez Medical Institute To Holistics (ELIAS AGREDO-NARVAEZ)’ would this apply. The most significant section appears at 4.5., "Administrative Names”: “Official designations of political divisions and of other organized bodies are capitalized + Names of political divisions; + Canada, New York State; + United States Northwest Territories; + Virgin Islands, Ontario Province; + Names of governmental units, US Government Executive Department, US Congress, US Army; + US Navy.” Xe Item# 12231972-EAN-BIS Page 6 of 41 I S/). oe CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 According to this official US Government publication, the States are never to be spelled in all caps such as “NEW YORK STATE.” The proper English grammar — and legal — style is "New York State.” Review's Manual on Usage & Style. The Use of a Legal Fiction The Real Life Dictionary of the Law The authors of "The Real Life Dictionary of the Law," Gerald and Kathleen Hill, are accomplished scholars and writers. Gerald Hill s an experienced attorney, judge, and law instructor. Here is how the term legal fiction is described: “Legal fiction. n. A presumption of fact assumed by a court for convenience, consistency or to achieve justice. There is an old adage: Fictions arise from the law, and not law from fictions.” Oran's Dictionary of the Law From Oran's "Dictionary of the Law,” published by the West Group 1999, within the definition of "Fiction" is found "A legal fiction is an assumption that something that is (or may be) false or nonexistent is true or real. Legal fictions are assumed or invented to help do justice. For example, bringing a lawsuit to throw a nonexistent ‘John Doe' off your property used to be the only way to establish a clear right to the property when legal title was uncertain." At this juncture, it is clear that the existence of a name written with all caps is a necessity-created legal fiction. This is surely an issue to be raised and the supporting Particulars are outlined within this memorandum. Use of the proper name must be insisted upon as a matter of abatement — correction — for all parties of an action of purported "law." However, the current "courts" cannot correct this since they are all based on presumed/assumed fictional law and must use artificial, juristic names. “Merriam-Webster's Dictionary of Law" 1996 states: “legal fiction: something assumed in law to be fact irrespective of the truth or accuracy of that assumption. Example: the legal fiction that a day has no fractions — Fairbanks North Star Borough, 818 P.2d 658 (1991) This is the reason behind the use of all caps when writing a proper name. The US and State Governments are deliberately using a legal fiction to "address" the lawful, real, flesh-and-blood man or woman. | say this is deliberate because their own official publications state that proper names are not to be written in all caps. They are deliberately not following their own recognized authorities. In the same respect, by identifying their own government entity in all caps, they are legally stating that itis also intended to be a legal fiction. The use of all caps for writing a proper name is an "internal style” for what is apparently a pre-determined usage and, at this point, unknown jurisdiction. Sj 7 Item# 12231972-EAN-BIS Page 7 of 41 —$—$ $$ _ CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 The main key to a legal fiction is assumption as noted in each definition above. ‘An important issue concerning this entire matter is whether or not a proper name, perverted into an all caps assemblage of letters, can be substituted for a lawful Christian name or any proper name, such as the State of Florida. Is the assertion of all-capital- letter names "legal?" If so, from where does this practice originate and what enforces it A legal fiction may be employed when the name of a “person” is not known, and therefore using the fictitious name “John Doe" as a tentative, or interim artifice to ‘surmount the absence of true knowledge until the true name is known. Upon discovering the identity of the fictitious name, the true name replaces it. Are not attorneys and the courts supposed to be specific, formally writing all legal documents to the "letter of the aw?" If the law is at once both precise and not precise, what is its significance, credibility, and force and effect? Ignorance of the law is not an excuse. !! The prosecution has been given sufficient proofs/ facts in regard their undisclosed authority for the use of a FICTITIOUS name on the fraudulent charging instrument but continue to refuse to correct the obvious and intended? mistake of identity!! fic-ti-tious adjective, not real or true, being imaginary or having been fabricated Of, relating to, or denoting the imaginary characters and events found in fiction. In all cases, a legal fiction is an assumption of purported fact without having shown the fact to be true or valid. It is an acceptance with no proof. Simply, to assume is to pretend. Oran’s "Dictionary of the Law" says that the word "assume" means: 1. To take up or take responsibility for; to receive; to undertake. See “assumption.” 2. To pretend, 3. To accept without proof These same basic definitions are used by nearly all of the modern law dictionaries. It should be noted that there is a difference between the meanings of the second and third definitions with that of the first. Pretending and accepting without proof are of the same understanding and meaning. However, to take responsibility for and receive, or assumption, does not have the same meaning. Oran's defines "assumption" as: “Formally transforming someone else's debt into your own debt. Compare with guaranty. The assumption of a mortgage usually involves taking over the seller's, ‘mortgage debt’ when buying a property (often a house).” Now, what happens if all the meanings for the word "assume" are combined? In a literal and definitive sense, the meaning of assume would be: The pretended acceptance, without proof, that someone has taken responsibilty for, has guaranteed, or has received a debt. Item# 12231972-EAN-BIS Page 8 of 41 & L S/S —$ um CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 Therefore, if we apply all this in defining a legal fiction, the use of a legal fiction is an assumption or pretension that the legal fiction named has received and is responsible for a debt of some sort. Use of the legal fiction "ELIAS AGREDO-NARVAEZ’ in place of the proper name “Elias Agredo-Narvaez” implies an assumed debt guarantee without any offer of proof. The danger behind this is that if such an unproven assumption is made, unless the assumption is proven wrong it is considered valid. An assumed debt is valid unless proven otherwise. (“An unrebutted affidavit, claim, or charge stands as the truth in commerce.”) This is in accord with the Uniform Commercial Code, valid in every State and made a part of the Statutes of each State. Aname written in all caps — resembling a proper name but grammatically not a proper name — is being held as a debtor for an assumed debt. Did the parties to the Complaint incur that debt? If so, how and when? The obligation of a contract ‘is the law which binds the parties to perform their agreement.” Von Hoffman v. City of Quincy, 4 Wall. 535, 552. RED CROSS LINE vs. ATLANTIC FRUIT COMPANY. No. 112. SUPREME COURT OF THE UNITED STATES 264 U.S. 109, 68 L. Ed. 582, 44 S. Ct. 274 February 18, 1924 Decided A thing similar is not exactly the same. If we are to remain a nation of laws and not of men, if we are to pass on to our children a heritage of liberty and justice for all, we need to understand these fundamental principles that guide our courts and insist that our courts be guided by them. This is our job! Where is the contract of indebtedness that was signed and the proof of default thereon? What happens if the proper name, i.e. "Elias Agredo-Narvaez,” answers for or assumes the fabricated name, ie. “ELIAS AGREDO-NARVAEZ?" The two become one and the same. This is the crux for the use of the all caps names by the US Government and the States. It is the way that they can bring someone into the "de facto” venue and jurisdiction that they have created. By implication of definition, this also is for the purpose of some manner of assumed debt. Conclusion on the use of the all CAPS NAME: There are no official or unofficial English grammar style manuals or reference publications that recognize the use of all caps when writing a proper name. To do so is by fiat, within and out of an undisclosed jurisdiction by unknown people for unrevealed reasons, by juristic license of arbitrary presumption not based on fact. The authors of the process unilaterally create legal fictions for their own reasons and set about to get us to take the bait, fall for the deceit United States Codes v je 1 - General Provisions v Chapter 3 - Code Of Laws Of United States And Supplements; District Of Columbia Code And Supplements Item# 12231972-EAN-BIS Page 9 of 41 oll /2s/): ee CERTIFIED MAIL # 7015 1730 0002 3740 3102 112820181830 § 204 Codes And Supplements As Evidence Of The Laws Of United States And District Of Columbia; Citation Of Codes And Supplements In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States— (a) United States Code.—The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. Y Title 4 - Flag And Seal, Seat Of Gor v Chapter 3 - Seat Of The Government § 72 Public Offices; At Seat Of Government ment, And The States [ENACTED] Alloffices attached to the seat of government shall be Columbia, and not elsewhere, except as otherwise expressly provided by law. (July 30, 1947, ch. 389, 61 Stat. 643.) ¥ Title 49 - Transportation [NOT ENACTED INTO POSITIVE LAW AS REQUIRED BY TITLE 1 SEC 204(A) supra] The traffic codes have not been passed into positive law because they would be deemed unconstitutional. ~ Subtitle VI - Motor Vehicle And Driver Programs vy Part A - General v Chapter 301 - Motor Vehicle Safety ~ Subchapter | - General § 30101 Purpose And Policy The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary— (1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and.....{emphasis mine] (Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 941.) V Title 49 - Transportation ~ Subtitle | - Department Of Transportation ~ Chapter 1 - Organization Item# 12231972-EAN-BIS ne CERTIFIED MAIL #7015 1730 0002 3740 3102 118520151830 § 101 Purpose (@) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation /See the definition of transportation and Department of transportation below and according Black's law 9 ed] policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. (b) A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; [ how can private individuals with their private automobiles be involved in the transportation programs of the United States Government?| [emphasis mine]. (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons [Is there any proof of ELIAS AGREDO-NARVAEZ being involved or interested in transportation objectives?] to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (6) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.? Transportation, n.(16c)1. The movement of goods or persons from one place to another by a carrier ( Black's law 9” ed) Department of Transportation. The federal executive division responsible for programs and policies concerning transportation Through a series of specialized agencies, this department oversees aviation, highways, railroads, mass transit, the U.S. merchant marine and other programs ( Black's law 9” ed) “SEC. 201. DEFINITIONS. “In this title, the following definitions apply: “(1) Driver's license The term ‘driver's license’ means a motor vehicle operator's license, as defined in section 30301 of title 49, United States Code. CFR Ti §368.1 {9 — Subtitle B — Chapter Ill -- Subchapter B —- Part 368 — Title 49: Transportation & PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO 4 Item# 12231972-EAN-BIS Page 11 of 41. 3 eee CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520181830 OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. §368.1 Certificate of registration. (@) A Mexico-domiciled motor carrier must apply to the FMCSA and receive a Certificate of Registration to provide interstate transportation in municipalities in the United ‘States on the United States-Mexico international border or within the commercial zones of such municipalities as defined in 49 U.S.C. 13902(c)(4)(A). (b) A certificate of registration permits only interstate transportation of property in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities. A holder of a Certificate of Registration who operates a vehicle beyond this area is subject to applicable penalties and out-of-service orders. ¥ Title 18 - Crimes And Criminal Procedure ~ Part! - Crimes y Chapter 2 - Aircraft And Motor Vehicles § 31 Definitions (a) Definitions (6) Motor vehicle —The term “motor vehicle” means every description of carriage or other contrivance propelied or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. (10) Used for commercial purposes —The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. (emphasis mine] 42 U.S. Code § 2000e — Definitions (g)The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. sy Item# 12231972-EAN-BIS Page 12 of 41 CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 MOTOR CARRIER — CFR / US CODE SUMMARY Federal Motor Carrier Safety Administration Motor Vehicle Compact ‘Subpart A—General applicability and definitions §390.5 Definitions. Driver jeans any person who operates any commercial motor vehicle. Highway means any road, street, or way, whether on public or private property, open to public travel “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates, Interstate commerce means trade, traffic, or transportation in the United States— (1) Between a place in a State and a place outside of such State (including a place outside of the United States); (2) Between two places in a State through another State or a place outside of the United States; or (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term “interstate commerce.” Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of Passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street- railway service. Code of Federal Regulations Title 49, Volume 5 Revised as of October 1, 2008 ups, From the U.S. Government Printing Office via GPO Access & (Ss Item# 12231972-EAN-BIS Page 13 of 41 ——— CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 TITLE 49--TRANSPORTATION CHAPTER Ill--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 395_HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.1 Scope of rules in this part. (a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (q) of this section () Travel time--(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period. (2) When a passenger-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period. Subpart A—Gener §571.3 Definitions. (a) Statutory definitions. All terms defined in section 102 of the Act are used in their statutory meaning. (b) Other definitions. As used in this chapter— Act means the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). Driver means the occupant of a motor vehicle seated immediately behind the steering control system, ‘Subpart A—Exemptions §372.107 Definitions. ‘As used in the regulations in this part, the following terms shall have the meaning shown: Se hee Item# 12231972-EAN-BIS Page 14 of 41 CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 (e) Interstate transportation —The term ‘interstate transportation" means transportation by motor vehicle in interstate or foreign commerce subject to the FMCSA's jurisdiction as set forth in 49 U.S.C. 13501 (g) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [(Public Law 105-178, 112 Stat. 107)] is exempt from the requirements of this section, provided it files all the required information with the appropriate State office. ‘Subpart B—General requirements and information §390.9 State and local laws, effect on. Except as otherwise specifically indicated, Subchapter B of this chapter is not intend to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations by the person subject thereto. [HOWEVER, those State or local laws relate to safe operation of commercial motor vehicles ONLY! See below.] [ emphasis mine] TITLE 49--TRANSPORTATION CHAPTER Ill--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 395_HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.1 Scope of rules in this part (2) The exceptions from Federal requirements contained in paragraphs (I) and (m) of this, section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. §392.1 Scope of the rules in this part. Every motor cartier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part. Subpart B—Driving of vehicles §392.16 Use of seat belts. A commercial motor vehicle which has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the <, Item# 12231972-EAN-BIS Page 15 of 41 late Wess —_ CERTIFIED MAIL #7015 1730 0002 3740 3102 112520151830 seat belt assembly. [ only commercial vehicles are mentioned] [ emphasis mine] [35 FR 10860, July 3, 1970, as amended at 60 FR 38747, July 28, 1995] §392.2 Applicable operating rules. Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995] ‘Subpart A—Single State Registration System §367.4 Requirements for registration. (a) Except as provided in paragraph (c)(1) of this section with regard to a carrier operating under temporary authority, only a motor carrier holding a certificate or permit issued by the Secretary under 49 U.S.C. 13902 shall be required to regi these standards. (6) A motor carrier operating in interstate or foreign commerce in one or more participating States under a certificate or permit issued by the Secretary shall be required to register annually with a single registration State, and such registration shall be deemed to satisfy the registration requirements of all participating States. [emphasis mine] Subpart A—Single State Registration System §367.1 Definitions. (a) The Secretary. The Secretary of Transportation. (b) Motor carrier and carrier. A person authorized to engage in the transportation of Passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 U.S.C. 13902 (c) Motor vehicle. A self-propelled or motor driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the Secretary. [emphasis mine] Operating authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365 , 49 CFR part 368 , and 49 CFR 392.9a. §395.2 Definitions. % Item# 12231972-EAN-BIS Page 16 of 41 eT CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520181830 As used in this part, the following words and terms are construed to mean Driving time means all time spent at the driving controls of a commercial motor vehicle in operation. On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) Alll time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; “Driver license" means a license issued by this State or any other jurisdiction to a person authorizing the person to operate a motor vehicle. “Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, [implicating once again, that driver as properly defined in this act can only be a driver of a motor vehicle which is only a commercial onel[ if you don't agree with my understanding of this paragraph then please explain, how and when an operator of a non-commercial ‘motor vehicle can be out of service?] a commercial motor vehicle, or a motor carrier operation is out-of-service According to the LAW.COM; DRIVER is one employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules or other animal, In the case Chicago Motor Coach vs. Chicago 169 NE 22, the court had this to say’ “The use of the highways for the purpose of travel and transportation is not a mere Privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” That seems rather straightforward, doesn't it.? However, there are other case holdings which express these concepts in even more detail. In the case of Thompson vs. Smith, Chief of Police 154 SE 579 (1930), the court expressed the following thoughts in a bit more telling detail: “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. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an U/2shis- automobile thereon, for the usual and ordinary purposes of life and business. It is not a Item# 12231972-EAN-BIS Page 17 of 41 CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will.” Title 49 Sec. 31102. - Grants to States (a) General Authority. - Subject to this section and the availability of amounts, the Secretary of Transportation may make grants to States for the development or implementation of programs for improving motor carrier safety and the enforcement of regulations, standards, and orders of the United States Government on commercial motor vehicle safety, hazardous materials transportation safety, and compatible State regulations, standards, and orders. NJ- Title 39 - MOTOR VEHICLES AND TRAFFIC REGULATION 39:1-1 Words and phrases defined. “Automobile” includes all motor vehicles except motorcycles. "Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified. Title 39 - MOTOR VEHICLES AND TRAFFIC REGULATION Section 39:2-13 - Medical advisory panel 39:2-13. Medical advisory panel There is hereby created in the Division of Motor Vehicles a special study and advisory Panel to be known as the medical Advisory Panel consisting of physicians licensed to Practice medicine and surgery (including physicians specialty-board certified in internal medicine, psychiatry, neurology, physical medicine, and ophthalmology), licensed optometrists, and officials of the division supervising motor vehicle driver licensing. Title 39 - MOTOR VEHICLES AND TRAFFIC REGULATION Section 39:2A-30 - “Motor Vehicles Affordability and Fairness Task Force.” 39:2A-30 "Motor Vehicles Affordability and Fairness Task Force. 30. a. There is created a task force to be known as the "Motor Vehicles Affordability and Fairness Task Force" to study the impact of the current point system and non- driving related suspension of driving privileges, in particular, the Merit Rating Plan Surcharges, on the driving public and make recommendations for the reform of the surcharge suspension program to increase motorist safety. In addition, the task force shall examine "The Parking Offenses Adjudication Act," P.L.1985, c.14 (C.39:4-139.2 et seq.) and municipal court processes related thereto, as well as court actions on Item# 12231972-EAN-BIS Page 18 of 41 1/2 S/y a CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 surcharge assessments and license suspensions related to nonpayment of fines or tickets as well as motor vehicle moving violations. Title 39 - MOTOR VEHICLES AND TRAFFIC REGULATION 39:3-4e. Rules and regulations; information by insurer The director, after consultation with the Commissioner of Insurance, is hereby empowered to prescribe, adopt, promulgate, rescind and enforce rules and regulations requiring insurers to provide all information with respect to the issuance, renewal, cancellation, nonrenewal and termination of insurance as the director may deem necessary to assist the division in enforcement of the provisions of this Title relating to insurance coverage for motor vehicles. Section 39:3-10e - Involvement in two or more accidents wi with assessment of points; reexamination jin 6 months The holder of any motor vehicle driver's license who is involved, within any 6-month Period, in two or more motor vehicle accidents resulting in death or in personal injury or damage to property of any one person in excess of $500.00 required to be reported to Police pursuant to R.S. 39:4-130, and against whom there has been assessed motor vehicle points for each such accident, shall on notice to be given by the Division of Motor Vehicles, be required to submit to reexamination and successful passage of an examination of his ability as an operator and a test of his vision, by the division or by any licensed optometrist or ophthalmologist. Failure to pass the examination or test required by this act shall be justification for the revocation and refusal to renew the holder's driver's license. Section 39:3-10.9 - Short title This act shall be known and may be cited as the "New Jersey Commercial Driver License Act.” Section 39:3-10.10 — Purpose The purpose of this act is to reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by strengthening licensing and testing standards for drivers of commercial motor vehicles, and by disqualifying those drivers who have committed certain serious traffic violations or other specified offenses. This act is also designed to substantially conform the laws of this State to the requirements and standards established under the federal "Commercial Motor Vehicle Safety Act of 1986,” Pub. L. 99-670 (49 U.S.C. pursuant to that federa This act is a remedial law and shall be liberally construed 4 Item# 12231972-EAN-BIS Page 19 of 41. ‘8. 2701 et seq.) and the regulations promulgated elZs 7 ee CERTIFIED MAIL # 7015 1730 0002 3740 3102 112520151830 to promote the public health, safety, and welfare. 39:1-1 Words and phrases defined. 39:1-1. As used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature: “Automobile” includes all motor vehicles except motorcycles. “Commercial motor vehicle" includes every type of motor-driven vehicle used for ‘commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be. iver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified. erson” includes natural persons, firms, co-partnerships, associations, and corporations. “Passenger automobile" means all automobiles used and designed for the transportation of passengers, other than omnibuses and school buses. tecreation vehicle” means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance. 39:2-3.3 Definitions relative to privacy of motor vehicle records. 1. As used in this act: “Motor vehicle record” means any record that pertains to a motor vehicle operator's permit, driver's license, motor vehicle title, motor vehicle registration, or jentification card issued by the Division of Motor Vehicles. “Person” means an individual, organization or entity, but does not include the State or a political subdivision thereof. [strangely enough”; suddenly, we have two different definitions of “person” here, first, 39:1-1 Words and phrases defined, includes also natural persons, however, in 39:2-3.3 Definitions relative to privacy of motor vehicle records, we don’t find natural persons anymore, but individuals, the problem with this is that “individual” is not defined, perhaps because if individual were to mean every natural person, then, the statute could not be rightfully imposed upon those natural persons not engaged in commerce.) uesis Furthermore, no natural person not engaged in commerce while in control of a motor

    You might also like