Here’s the latest reader question, along with my reply!
Joseph asks: Recently I sent you 18 USC sec. 31(a)(6) which proves all the traffic laws refer to commercial “motor vehicles” and not to private passenger automobiles, therefore unless you are operating in commerce, you are not required to carry “motor vehicle” insurance. I hoped you would use your platform to inform people. Also, the people who carry insurance have a rider which protects from damage by an uninsured motorist. plus, the “STATE” collects part of your insurance premium into their coffers(which are already overflowing), See your states CAFR account.
My reply: This issue comes up often. It is entirely possible that you are technically correct. It is irrelevant.
Just as the plain language of the 4th and 5th amendments is also irrelevant.
You are required to send in (and sign/affirm) a 1099. This is the very definition of being compelled to provide evidence which can and will be used against you in a criminal proceeding – clearly prohibited by the 5th Amendment.
See how far this argument will take you if you refuse to file/sign a 1099.
Being forced to stop and submit to an examination of your “papers” (and person/property) at a random checkpoint is the very definition of the unreasonable searches prohibited by the 4th Amendment – and yet you will be arrested and caged if you refuse to comply.
The same with regard to being forced to carry insurance – and so many other things, such as driver’s license and registration etc. The law, in practice, is what those with the badges and guns say that it is. Not what the law says it is.
Much less what you (or I) think it says.
This is why I do not advise people to flout the operative laws by asserting an interpretation of law that is no longer in force.
The sounder policy is to run under their radar. Avoid interactions with the government to the extent possible. This is the best we can do for now.
Got a question about cars – or anything else? Click on the “ask Eric” link and send ’em in!
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