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Thread: LAW states registration not required

  1. #1

    LAW states registration not required

    I thought this juicy morsel might be nice to know. Your thoughts


    U.C.C. - ARTICLE 9 - SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

    PART 1. SHORT TITLE, APPLICABILITY AND DEFINITIONS
    § 9-109. Classification of Goods: “Consumer Goods”; “Equipment”; “Farm Products”; “Inventory”.
    Goods are

    (1) “consumer goods” if they are used or bought for use primarily for personal, family or household purposes;

    (2) “equipment” if they are used or bought for use primarily in business (including farming or a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods;

    Relevant applicable stare decisis case cites relating directly to UCC 9-109:

    “Under UCC §9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principal use to which the property is put should be considered as determinative.” James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).

    “The classification of goods in UCC §9-109 are mutually exclusive.” McFadden v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273 A.2d 198 (1971).

    “Automobile purchased for the purpose of transporting buyer to and from his place of employment was ``consumer goods'' as defined in UCC §9-109.” Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).

    “The provisions of UCC §2-316 of the Maryland UCC do not apply to sales of consumer goods (a term which includes automobiles, whether new or used, that are bought primarily for personal, family, or household use).” Maryland Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).

    Federal Case Law Confirms

    IN RE BARNES
    United States District Court,
    D Maine, September 15, 1972
    Bankruptcy No. BK 72-129ND, No. EK 72-13OND

    [9109] Consumer goods - automobile for transportation to and from work.

    The use of a vehicle by its owner for purposes of traveling to and from his employment is a personal, as opposed to a business use, as that term is used in UCC § 9-109(l), and the vehicle will be classified as consumer goods rather than equipment.

    The phraseology of § 9-109(2) defining equipment as goods used or bought for use primarily in business seems to contemplate a distinction between the use of collateral “in business” and the mere use of the collateral for some commercial, economic or income-producing purpose by one not engaged “in business.”

    The appropriate filing place turns upon the classification of the collateral as consumer goods or equipment. The Uniform Commercial Code classifies goods as consumer goods

    “. . . if they are used or bought for use primarily for personal, family or household purposes. (2). Fn (2) 11 MRSA § 9-109(1).

    It is the court's opinion that the use of a vehicle by its owner for purposes of traveling to and from his employment is a “personal,” as opposed to a business use, as that term is used in UCC § 9-109 (1). The phraseology of UCC § 9-109 (2), defining “equipment” as goods used or bought for use primarily “in business” seems to contemplate a distinction between the use of collateral “in business,” and the mere use of the collateral for some commercial, economic or income-producing purpose by one not engaged “in business.”

    Traveling to and from work is a PERSONAL use NOT a BUSINESS use!

    This ruling is consistent with the undisputed fact that “The classification of goods is determined by its primary use” (Barron’s Law Dictionary, Third Edition, 1991) and not by the type of goods, including, but not limited to, vehicles:

    CONSUMER GOODS ARE NOT REQUIRED TO BE REGISTERED!

    A vehicle not used for commercial activity is a “consumer goods”, . . . it is NOT a type of vehicle required to be registered and “use tax” paid of which the tab is evidence of receipt of the tax.” Bank of Boston v. Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14.

    “Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20.

    “The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).

    “A soldier's personal automobile is part of his “household goods[.]” U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235” 19A Words and Phrases - Permanent Edition (West) pocket part 94.

    “... [T]he exemptions provided for in section 1 of the Motor Vehicle Transportation License Act of 1925 (Stats. 1925, p. 833) in favor of those who solely transport their own property or employees, or both, and of those who transport no persons or property for hire or compensation, by motor vehicle, have been determined in the Bacon Service Corporation case to be lawful exemptions. --In re Schmolke (1926) 199 Cal. 42, 46.

    “The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty.... It includes the right in so doing to use the ordinary and usual conveyances of the day; and under existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon for the usual and ordinary purposes of life and business. It is not a 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 the city may permit or prohibit at will.” --Thompson v. Smith, 154 S.E. 579.

    “In view of this rule a statutory provision that the supervising officials “may” exempt such persons when the transportation is not on a commercial basis means that they “must” exempt them.” --State v. Johnson, 243 P. 1073; 60 C.J.S. section 94, page 581.
    fB

  2. #2
    GREAT POST! I am well aware that consumer good are not required to be registered as I have been traveling with a plate that states that very thing for quite a while.Name:  Sovereign Plate.JPG
Views: 6704
Size:  76.7 KB

    Here is an experience I had while displaying that plate;

    October 2010, 3:30 AM, suburban area with a population around 2,000,000.

    I had pulled up to a four way intersection with traffic signals. I chose the left-turn-only lane and facing directly across from me was a city officer waiting for the light to make his turn. His turn comes up first and my friend and I watch him proceed to make a left and then a right in to a parking lot next to us. I was thinking that maybe he noticed that there isn’t a front plate on my car, looking for an excuse to initiate a stop and wants to wait to see what I do.
    Upon my green arrow I completed a “U” and then a quick right to the corner gas station.
    My friend walks over to the convenience store next to the gas station and I soon moved the car over to the store’s lot to catch up with him.
    While on my way in to the store, my friend is finishing up at the register then heads out the door. During my perusal of beverages I didn’t notice that a second officer has arrived on the “scene” probably after some communication with the first officer. The second officer apparently has now noticed my 'PRIVATE PROPERTY' plate (Photo file attached) on the rear of the car and approaches my friend who is waiting for me outside next to the car. The officer asks him, how he got here and if he is with “the guy”, referencing to the one who was previously “driving” the car. My friend affirms to the officer.
    After I am done at the register and walk to the door, the second officer opens the door for me and asks if I have any registration papers for the car.
    I tell him that I do not and that the title has been “junked”.
    He asks me if I think that I should have the car registered.
    I tell him, “No” and he asks me, “Why not?”
    I let him know, “Not for traveling to the store. I’m not ‘in commerce’.”
    He then asks me if I am one of those who thinks you don't need to register.
    I replied, “No… Unless I am ‘in commerce’.”

    And then he begins to enter the store and says,

    “It’s good. Don’t worry about it. I am not even going to #&$% with you. Have a good night.”

    My friend says that he wouldn’t have believed it if he hadn’t seen it.
    I may have to agree with him.

  3. #3
    Great post EZrhythm. It seems I will giving it a try soon, as soon as I return to the states, as I turned in my plates when I left.

    What did you make your plate out of looks good. fB

  4. #4
    Another remedy researcher in the area had about ten of them made at a sign shop, kept some and sold the rest. They were made from plastic and engraved.

  5. #5
    Senior Member Treefarmer's Avatar
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    Quote Originally Posted by EZrhythm View Post
    Another remedy researcher in the area had about ten of them made at a sign shop, kept some and sold the rest. They were made from plastic and engraved.
    Nice!
    I really appreciate this thread.

    I've been thinking on this license issue for years now.
    Government "licenses" for common right activities have always chafed me.

    What about liability though?
    What is your contingency plan if you were to injure someone with your automobile EZrythm?
    Do you have any kind of insurance or other way of being able to make good if you accidentally inflict damage on the public roads?

    Thank you
    Treefarmer

    There is power in the blood of Jesus

  6. #6
    Name:  USDOT_Wide.jpg
Views: 3427
Size:  25.2 KB

    A sample USDOT # decal for front and rear of an automobile.

    Name:  USDOT_Wide_Alt.jpg
Views: 2915
Size:  34.3 KB
    Another.

    Sample database snapshot fragments:

    LEGAL NAME:
    SCHMIDT FAMILY TRUST

    PHYSICAL ADDRESS:
    PRIVATE 22 MAPLE LANE
    NEAR SCHENECTADY, NEW YORK 12345

    OPERATING CLASSIFICATION
    [X] PRIVATE (PROPERTY)
    [X] OTHER: EXEMPT, NOT FOR HIRE

    CARRIER OPERATION
    [X] INTERSTATE

    CARGO CARRIED:
    [X] OTHER: NO CARGO.
    The information is searchable planet-wide via the Interweb (http://safer.fmcsa.dot.gov/CompanySnapshot.aspx). Law enforcement access is via FMSCA Portal https://portal.fmcsa.dot.gov/EAALogin.form. More information about FCMSA Portal here.
    Last edited by allodial; 08-30-11 at 02:43 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  7. #7
    Senior Member Treefarmer's Avatar
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    Thank you allodial.
    This reminds me: I recall you stated previously somewhere that you use no DL.
    Does the DOT not require a DL for a "vehicle" for which they issue a number?
    Or is the DOT a different jurisdiction altogether?
    Treefarmer

    There is power in the blood of Jesus

  8. #8
    Quote Originally Posted by Treefarmer View Post
    Thank you allodial.
    This reminds me: I recall you stated previously somewhere that you use no DL.
    Does the DOT not require a DL for a "vehicle" for which they issue a number?
    Or is the DOT a different jurisdiction altogether?
    AFAIK State DMVs are subject to US Department of Transportation regulations, etc. US Department of Transportation is a superior venue to the State DMV. Totally different jurisdiction and venue. If you are not commercial, private, not for hire I am unaware of any driver license requirement.

    The USDOT # is not necessarily particular for any particular vehicle unless perhaps its for a vehicle registrant. Its comprehensive for an entire organization. 'Vehicle registration' is also available. It is possible, however, to use the VIN for the legal name.
    Last edited by allodial; 08-30-11 at 02:42 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  9. #9
    Senior Member Treefarmer's Avatar
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    Quote Originally Posted by EZrhythm View Post
    Here is an experience I had while displaying that plate;

    October 2010, 3:30 AM, suburban area with a population around 2,000,000.

    I had pulled up to a four way intersection with traffic signals. I chose the left-turn-only lane and facing directly across from me was a city officer waiting for the light to make his turn. His turn comes up first and my friend and I watch him proceed to make a left and then a right in to a parking lot next to us. I was thinking that maybe he noticed that there isn’t a front plate on my car, looking for an excuse to initiate a stop and wants to wait to see what I do.
    Upon my green arrow I completed a “U” and then a quick right to the corner gas station.
    My friend walks over to the convenience store next to the gas station and I soon moved the car over to the store’s lot to catch up with him.
    While on my way in to the store, my friend is finishing up at the register then heads out the door. During my perusal of beverages I didn’t notice that a second officer has arrived on the “scene” probably after some communication with the first officer. The second officer apparently has now noticed my 'PRIVATE PROPERTY' plate (Photo file attached) on the rear of the car and approaches my friend who is waiting for me outside next to the car. The officer asks him, how he got here and if he is with “the guy”, referencing to the one who was previously “driving” the car. My friend affirms to the officer.
    After I am done at the register and walk to the door, the second officer opens the door for me and asks if I have any registration papers for the car.
    I tell him that I do not and that the title has been “junked”.
    He asks me if I think that I should have the car registered.
    I tell him, “No” and he asks me, “Why not?”
    I let him know, “Not for traveling to the store. I’m not ‘in commerce’.”
    He then asks me if I am one of those who thinks you don't need to register.
    I replied, “No… Unless I am ‘in commerce’.”

    And then he begins to enter the store and says,

    “It’s good. Don’t worry about it. I am not even going to #&$% with you. Have a good night.”

    My friend says that he wouldn’t have believed it if he hadn’t seen it.
    I may have to agree with him.
    I'm amazed they did not demand to see your DL.
    That's always the first thing that cops ask for around here.
    I suppose you carry no DL when you travel EZrythm?
    Treefarmer

    There is power in the blood of Jesus

  10. #10
    Quote Originally Posted by Treefarmer View Post
    I'm amazed they did not demand to see your DL.
    That's always the first thing that cops ask for around here.
    I suppose you carry no DL when you travel EZrythm?
    The license is a permit to be in possession of State property. If you get that then you much more insight ought to follow. As has been related before, to become a cop in State of Pennsylvania a person has to have a Pennsylvania driver license? Why? To take the part of the mandated training for police car operations, you need permission to be in possession of District-State property. Otherwise, how can you 'legally' 'drive' a police car?

    Resident != private. Not domestic != State or Federal.
    Last edited by allodial; 08-30-11 at 02:45 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

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