MOTOR VEHICLE DEPARTMENT MISCLASSIFICATION

Presumption Rebuttal
It is an un-rebuttable fact: The requirement to maintain a “DRIVER’S LICENSE,” registration,
and/or an account with the motor vehicle department, so as to travel upon the highways and byways of the
nation is only within the scope of the legislative power to regulate commerce. Per the following definition(s),
inclusive of the commercial code (9 UCC 102, 109 in the counterpart for the state), irrespective of personal
property, consumer good, personal use, which is a not-for-profit and/or gain, is exempt as defined in the
statute and the Constitution under the right to property!

• The Supreme Court held in National League of Cities v. Usury that the federal government cannot regulate the states
through the Commerce Clause when the regulation is not related to interstate commerce and places an undue burden on
the states. However, the Court also held that the federal government can regulate the states through the Spending
Clause, which grants Congress the power to spend money for the general welfare of the United States. 1

• In South Dakota v. Dole, the Supreme Court upheld a federal law that required states to raise the legal drinking age to
21 in order to receive federal highway funding. The Court held that the federal government can use the Spending
Clause to condition the receipt of federal funds on compliance with federal guidelines, even if the guidelines would
otherwise be unconstitutional under the Commerce Clause or the Tenth Amendment.2

• In New York v. United States, the Supreme Court upheld a federal law that required states to comply with certain
federal environmental regulations in order to receive federal funding for sewage treatment plants. The Court held that
the federal government can use the Spending Clause to condition the receipt of federal funds on compliance with
federal guidelines, even if the guidelines would otherwise be unconstitutional under the Tenth Amendment. 3

• In Department of Health and Human Services v. Florida Department of Health, the Eleventh Circuit Court of Appeals
upheld a federal law that required states to expand Medicaid eligibility in order to receive federal funding for Medicaid.
The Court held that the federal government can use the Spending Clause to condition the receipt of federal funds on
compliance with federal guidelines, even if the guidelines would otherwise be unconstitutional under the Tenth
Amendment.4

These four cases establish that the federal government can use the Spending Clause to condition the receipt of federal
funds on compliance with federal guidelines. This means that if a state receives federal funding for a particular program or
activity, it must follow the federal guidelines for that program or activity.

The Courts have decided on this matter which is supported by federal law and specifically states that
it is applicable within the various States respecting interstate commerce! This State receives federal funding
irrespective of highways but with regard to roads and highways maintenance. The definition for motor
vehicle is wholly applicable - “…every description of carriage or other contrivance propelled or drawn by
mechanical power and used for commercial purposes on the highways in the transportation…” There must
exist justification and jurisdiction for presuming otherwise, supported by facts and conclusions of law!

You will attempt to argue that there is a difference between State and Federal and that the Ninth and
Tenth Amendments to the Constitution allows States to regulate themselves. You are 100% correct,
however; there is one caveat, if the STATE receives federal funding, then that allows the federal government
to have jurisdiction. If you do not believe this to be the case then take a look at the law.
“State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 [1] of this title, a political subdivision of a State.
“State law” includes a law enacted by a political subdivision of a State.
“State regulation” includes a regulation prescribed by a political subdivision of a State..
Congress had already anticipated such an
argument so they made it clear that the definition would apply no matter the jurisdiction!

1 National League of Cities v. Usury, 426 U.S. 833 (1976)

2 South Dakota v. Dole, 483 U.S. 203 (1987)
3 New York v. United States, 505 U.S. 144 (1992)
4 Department of Health and Human Services v. Florida Department of Health, 757 F.3d 1208 (11th Cir. 2014)

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 MOTOR VEHICLE DEPARTMENT MISCLASSIFICATION
Presumption Rebuttal
18 U.S. Code § 31 - Definitions
(a) Definitions. - In this chapter, the following definitions apply:
Aircraft. - The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.
(1) Aviation quality.—
The term “aviation quality”, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained,
repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations).
(2) Destructive substance.—
The term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter
of a combustible, contaminative, corrosive, or explosive nature.
(3) In flight.—The term “in flight” means —
(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for
disembarkation; and
(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.
(5) In service.—The term “in service” means— (A)
any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and (B) in
any event includes the entire period during which the aircraft is in flight.
(6) Motor vehicle.—
The term “motor vehicle” means every description of carriage or other contrivance propelled 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.
(7) Part.—
The term “part” means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment.
(8) Space vehicle.—
The term “space vehicle” means a man-made device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere.
(9) State.—
The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(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. (b) Terms Defined in Other Law.—
In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”,
“overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a)
and 46501 of title 49.
(Added July 14, 1956, Ch. 595, § 1, 70 Stat. 538; amended Pub. L. 98–473, title II, §§ 1010, 2013(a), Oct. 12, 1984, 98 Stat. 2141, 2187; Pub. L. 100–690, title VII,
§ 7015, Nov. 18, 1988, 102 Stat. 4395; Pub. L. 103–272, § 5(e)(1), July 5, 1994, 108 Stat. 1373; Pub. L. 106–181, title V, § 506(b), Apr. 5, 2000, 114 Stat. 136.)

18 U.S. Code § 40 - Commercial motor vehicles required to stop for inspections

(a) A driver of a commercial motor vehicle (as defined in section 31132 of title 49) shall stop and submit to inspection of the vehicle, driver, cargo, and required
records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the
vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.
(b) A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee
of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more
than 1 year, or both.
(Added Pub. L. 109–59, title IV, § 4143(a), Aug. 10, 2005, 119 Stat. 1747, § 39; renumbered § 40, Pub. L. 110–244, title III, § 301(j), June 6, 2008, 122 Stat. 1616.)

49 U.S. Code § 31132 - Definitions

In this subchapter—

(1) “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the
vehicle —
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity
requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a
freight handler, or an individual not an employer, who —
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a
State, or a political subdivision of a State.
(3) “employer” —
(A)
means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an
employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a
State.
(4) “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and —
(A) a place outside that State (including a place outside the United States); or

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 MOTOR VEHICLE DEPARTMENT MISCLASSIFICATION
Presumption Rebuttal
(B) another place in the same State through another State or through a place outside the United States.
(5) “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.
(6) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 [1] of this title, a political subdivision of a State.
(7) “State law” includes a law enacted by a political subdivision of a State.
(8) “State regulation” includes a regulation prescribed by a political subdivision of a State.
(9) “United States” means the States of the United States and the District of Columbia.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June 9,
1998, 112 Stat. 404; Pub. L. 109–59, title IV, § 4116(c), Aug. 10, 2005, 119 Stat. 1728.)

Therefore, in response to your question, you’re pulling me over, interfering with my right to
travel, because you are operating on a presumption and you are conducting an investigation which I and
my property appear/are the subject of your investigation for which you failed to inform me which is a
violation of my right to be informed! If you are relying on a code and/or a statute, then you will have to
specify the authority to supersede the aforementioned which is supported by facts and conclusions of
actual law. Until such time, you have not articulated a plausible and/or viable reason evidencing a crime.
You do realize, a traffic infraction is not a crime?!! Once again, I think you were not arguing with me, I
thank you for recognizing that you are under oath as required by the United States Constitution Article 6
Clause 3 and I do hereby elect to bind you to that will from the moment of our encounter!

I am required to notify you when any of my rights is/are in jeopardy - holding that "[t]he
fundamental requisite of due process of law is the opportunity to be heard." Grannis v. Ordean, 234 U.
S. 385, 234 U. S. 394. This right to be heard has little reality or worth unless one is informed that the
matter is pending and can choose for himself whether to appear or default, acquiesce or contest…
Publication may theoretically be available for all the world to see, but it is too much, in our day, to
suppose that each or any individual beneficiary does or could examine all that is published to see if
something may be tucked away in it that affects his property interests. We have before indicated, in
reference to notice by publication, that "Great caution should be used not to let fiction deny the fair play
that can be secured only by a pretty close adhesion to fact." McDonald v. Mabee, 243 U. S. 90, 243 U.
S. 91.

“We hold the notice of judicial settlement of accounts required by the New York Banking Law §
100-c(12) is incompatible with the requirements of the Fourteenth Amendment as a basis for adjudication
depriving known persons whose whereabouts are also known of substantial property rights...”
You are bonded and are required to have insurance should there be injury to my person and/or property as
this would include possession, person, paper, effects, as delineated in the Constitution as a secured right. I
am not permitted to make threats, as I am a peaceful person, and not a threat to anyone despite a
perceived perception! The law allows for reparation by a petition for redress of grievance should I be
injured and I will require your licensing and bonding information, and if that organization is risk
management, you are required to provide me all relevant contact and identification information for filing
a claim! I do request and require you provide that immediately without delay, in writing, either by your
own hand or in printed format as the law does not require that I remember your information and/or that I
write it down for recordation purposes, but that you supply upon demand, this constitutes such a demand!

Now if you would not mind from this point forward, I will exercise my right to remain silent and
not participate in your investigation as anything I say, you do not have my permission to record, as I am a
private civilian, operating in my private capacity, traveling in my private vehicle, for private reason, and
this is a private not public matter! Thank you for providing the information requested and for your
complete understanding of the law, as there is no excuse for ignorance of the aforementioned.

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