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Wednesday, April 11, 2012

Legality of Vehicle License Fees, Property Tax and Registration Costs Questioned

Image attribution: Flickr/WikiCommons, CC BY-S.A. 2.0

The law is the law, and when the law has loopholes, contradictions and constitutional disconnects, then that's of interest to human beings aka “persons”. When it comes to paying exorbitant property taxes, registration fees and licensing costs it allegedly helps fund road work that benefits the individuals who use those roads, but what if it comes at the expense of a civil right? That is the argument at the root of claims that automotive costs are themselves legal infractions.

Denial of right to travel

The right to travel is a legal right granted by U.S. case law that allows individuals to use highways without restriction by federal, state or county government. This means, that requiring vehicle licensing and registration is a violation of the right to travel because it makes travel a privilege and not a right. Several legal cases confirm this according to Jack McLamb of the Aid and Abet newsletter.

Misleading enforcement of registration

According to an article by Jeffrey Schwartz in the Denver Post, registration of motor vehicles is voluntary, based on the fact his neighbor continuously renewed such tags without formal registration. Moreover, since the owner of the vehicles was able to do this it is implicit no formal registration deadline is mandatory. This only serves to reinforce the right to travel and a logical inconsistency, or at best disagreement within the legality of vehicle registration. 

Conflicting penalization

Not registering a vehicle can lead to traffic violations, however when the cost of those tickets is less than the combined registration costs and property tax on an automobile, it's the more affordable solution according to ABC News 7. Moreover, in the State of Colorado, there is no state law requiring vehicle registration as a pre-condition for paying a traffic violation.

Impositions of licensure

According to the Archuleta Country Guard licenses are a function of the privilege to drive and are therefore not required. Furthermore, this right is acknowledged by legislators, law enforcement officials and justice officials per the ACG. Since licenses are therefore not a requirement to drive, they are not a necessity to drive and fees associated with the acquisition and maintenance of such  can be avoided. It is claimed this can be done by asserting sovereign right to operate a vehicle.

Having said all this, chances are traffic infraction tickets would be forthcoming if any of the above methods were to be implemented. However, if those tickets are signed under duress, and without having being read Miranda rights upon being detained and questioned, then not only is the evidence inadmissible or unacceptable in a court, it is also fraudulent per JuliusBragg of the Daily Paul Forum.

Disclaimer: The contents of this article do not constitute legal advice, nor is it guaranteed to be accurate as I am not licensed to practice law. Any information in this article is for informational purposes only, and is not intended to promote or condone legal infractions of any kind. Those seeking to use this information to avoid paying costs associated with motor vehicles may wish to first consult an attorney.

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