georgia right to travel act 875

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GENERAL ASSEMBLY OF GEORGIA, Right to Travel Act

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2020 Georgia Code Title 40 - Motor Vehicles and Traffic Chapter 5 - Drivers' Licenses Article 2 - Issuance, Expiration, and Renewal of Licenses § 40-5-20. (See Editor's Notes) License Required; Surrender of Prior Licenses; Local Licenses Prohibited

Such person is driving with a driver's license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and
Such person is driving without a valid driver's license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver's license, Code Section 40-5-29 shall apply to such offense.
No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being towed.
Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction.
Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person.
The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit.
If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction.
Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time.
Any noncitizen who is eligible for issuance of a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver's license or permit issued by a foreign jurisdiction may be issued a driver's license, instruction permit, or limited driving permit without surrendering the foreign driver's license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.
Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipality, or local board or body having authority to adopt local police regulations.

(Code 1933, § 68B-201, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1996, p. 1250, § 2; Ga. L. 2002, p. 1045, § 1; Ga. L. 2008, p. 1137, § 2/SB 350; Ga. L. 2008, p. 1154, § 1/SB 488; Ga. L. 2009, p. 65, § 1/SB 196; Ga. L. 2014, p. 710, § 2-1/SB 298; Ga. L. 2014, p. 745, § 7/HB 877; Ga. L. 2017, p. 184, § 1/HB 136.)

The 2017 amendment, effective July 1, 2018, rewrote paragraph (c)(1), which read: "(c)(1) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses in such person's possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time."; and, in paragraph (c)(2), rewrote the first sentence, which read: "Any noncitizen who is eligible for issuance of a driver's license pursuant to the requirements of this chapter may be issued a driver's license without surrendering any driver's license previously issued to him or her by any foreign jurisdiction.", and, in the second sentence, deleted "is applying for a commercial driver's license or who" following "a person who".

For application of this statute in 2020, see Executive Order 03.25.20.01.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

- For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 277 (2002).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 322 are included in the annotations for this Code section.

- Because O.C.G.A. § 40-5-20 prohibits both residents and nonresidents from driving any motor vehicle upon a highway in this state without a valid driver's license, defendant's claim that under O.C.G.A. § 40-5-1(15) the defendant could not be considered a resident of Georgia was irrelevant. Chiasson v. State, 250 Ga. App. 63, 549 S.E.2d 503 (2001).

- Right to operate motor vehicle upon public highways of this state is merely qualified right which can be exercised by obtaining a license from the state. Keenan v. Hardison, 245 Ga. 599, 266 S.E.2d 205 (1980); Ward v. State, 188 Ga. App. 372, 373 S.E.2d 65 (1988).

- Reading the definition of "resident" in O.C.G.A. § 40-5-1(15) and O.C.G.A. § 40-5-20(a) in pari materia, shows that the intention of the General Assembly was not to exempt undocumented aliens from the requirement of obtaining a Georgia driver's license but to permit visitors, with no intention of becoming residents, to drive here without obtaining a Georgia license. Diaz v. State, 245 Ga. App. 380, 537 S.E.2d 784 (2000).

Statutes barring illegal aliens residing in Georgia from obtaining a Georgia driver's license does not deprive the aliens of equal protection of the laws in violation of the Fourteenth Amendment. John Doe No. 1 v. Ga. Dep't of Pub. Safety, 147 F. Supp. 2d 1369 (N.D. Ga. 2001).

Denial of defendant's, an undocumented alien, motion to quash was affirmed because limiting the safe harbor provision of O.C.G.A. § 40-5-20 to the production at trial of a Georgia driver's license was a rational part of the enforcement scheme, allowing the presumption created by a violation of O.C.G.A. § 40-5-29(b) to be automatically rebutted only when the evidence that the driver in fact had a valid license when cited was most indisputable and readily evaluated by the factfinder. Castillo-Solis v. State, 292 Ga. 755, 740 S.E.2d 583 (2013).

- Driver with a Mexican driver's license did not have standing to challenge O.C.G.A. § 40-5-20 as conflicting with the 1943 Convention on the Regulation of Inter-American Automotive Traffic because the Mexican did not have an international license as required by the Convention and O.C.G.A. § 40-5-21(a)(2) and the license the Mexican produced did not meet the requirements of the Convention. Medina v. State, 312 Ga. App. 399, 718 S.E.2d 323 (2011).

- Mere fact of imposing a license requirement does not constitute state infringement on any right of locomotion which an individual may have to travel on public ways as a common-law freeman. Lebrun v. State, 255 Ga. 406, 339 S.E.2d 227 (1986).

- If an officer stops a vehicle in the good faith belief that a traffic violation has been committed, the officer's ultimate failure to issue a traffic citation will not preclude the traffic offense from evincing the reasonable suspicion which served to justify the officer's initial stop of the vehicle. Once a stop is effected, a defendant is subject to custodial arrest for operating a motor vehicle without a valid driver's license. State v. Chambers, 194 Ga. App. 609, 391 S.E.2d 657 (1990).

- Proof that defendant was driving on city streets was sufficient to show defendant was driving on a "highway" so as to sustain a conviction for driving without a license as city streets fit within the broad definition of "highway" under O.C.G.A. § 40-5-20 making it a violation to drive without a license. Scott v. State, 254 Ga. App. 728, 563 S.E.2d 554 (2002).

Driving with expired driver's license is a violation of O.C.G.A. § 40-5-20(a); O.C.G.A. § 40-5-120(7) (see now O.C.G.A. § 40-5-120(4)) makes such a violation a misdemeanor. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

- There existed no reversible error when the defendant was accused of (and subsequently convicted of) driving a vehicle without a valid license, but the offense on which the jury was charged concerned the failure to have a valid license in one's possession at all times while operating a motor vehicle (see now O.C.G.A. § 40-5-29) and the presumption thereby raised that the driver had no valid license. Roberts v. State, 173 Ga. App. 614, 327 S.E.2d 743 (1985).

- Motion to suppress evidence seized from the defendant's car was properly denied because a uniformed officer's initial approach to the car, which had been driven to the scene of a controlled drug buy by a codefendant, was a first-tier police-citizen encounter, the car was already stopped when the uniformed officer approached and asked the codefendant for identification, the codefendant admitted that the codefendant had no driver's license or other identification, and thus the officer had reasonable suspicion that the codefendant was violating the law by driving without a license and was justified in detaining the codefendant from driving off in the vehicle; the officer also had reasonable suspicion of criminal drug activity based on the fact that an informant who was working with police to conduct the drug deal had described a two-door silver Mercedes coupe with dealer tags as the target vehicle belonging to the defendant, and police had confirmed this vehicle was just at the establishment frequented by the defendant, the codefendant drove up in the vehicle just before defendant arrived in a different car, at the very time and place designated for the drug transaction, the codefendant parked near the drug transaction and made hand signals which could have been inferred to have been counter-surveillance signals that the codefendant saw no police and that the transaction could go forward, and, because these circumstances authorized the officer to conduct an investigative detention of the codefendant and the vehicle, the bringing of a drug dog to the scene during that brief detention was proper, and when the drug dog alerted to the vehicle as containing drugs, the subsequent warrantless search of the vehicle was justified. Bowden v. State, 279 Ga. App. 173, 630 S.E.2d 792 (2006).

Trial court properly denied the defendant's motion to suppress because the defendant admitted to the police officer that the defendant had no visa or passport, and that the only documentation the defendant could present was a Mexican driver's license written in Spanish and the Mexican consulate card; thus, the police officer had probable cause to arrest the defendant for driving without a license, and the arrest was lawful. Garcia-Carrillo v. State, 322 Ga. App. 439, 746 S.E.2d 137 (2013).

- As an officer's questioning of the defendant, after a traffic stop, about the defendant's length of time in Georgia was done to determine whether the defendant was in compliance with O.C.G.A. §§ 40-2-8(a) and40-5-20(a), and did not unreasonably prolong the stop, the defendant's rights under U.S. Const., amend. IV were not violated. Therefore, methamphetamine seized from the defendant's purse during the stop did not have to be suppressed. Sommese v. State, 299 Ga. App. 664, 683 S.E.2d 642 (2009).

- After the defendant drove a golf cart on a public highway with a suspended license in violation of O.C.G.A. § 40-5-20(a), the trial court properly instructed the jury that the defendant had to have a driver's license; the evidence sufficiently supported the suspended license conviction. Coker v. State, 261 Ga. App. 646, 583 S.E.2d 498 (2003).

- Because the defendant's learner's permit was not valid for the purpose of driving unsupervised, as the defendant was on the day of a traffic stop, the defendant could not qualify for the safe harbor under O.C.G.A. § 40-5-20(a). Colotl v. State, 313 Ga. App. 42, 720 S.E.2d 210 (2011).

- While it is a violation of state law to operate an automobile without a driver's license, this is actionable negligence only when there is a proximate causal connection between the violation and the injury. Carpenter v. Lyons, 78 Ga. App. 214, 50 S.E.2d 850 (1948) (decided under Ga. L. 1937, p. 322).

- Appellate court reversed the trial court's denial of the defendant's motion for a new trial with respect to the two misdemeanor traffic violations because the prejudice from trial counsel's failure to object was clear as the officer's hearsay testimony was the only evidence offered to prove the elements of the traffic offenses and had the evidence been excluded, there would not have been sufficient evidence to convict on those offenses. Taylor v. State, 337 Ga. App. 486, 788 S.E.2d 97 (2016).

- Evidence was sufficient to find that a defendant violated O.C.G.A. § 40-5-20(a) because it was a matter of common knowledge that "the loop" or "bypass" in a certain area was a public highway, although there was no direct testimony of that fact. Craig v. State, 276 Ga. App. 329, 623 S.E.2d 518 (2005).

Because the defendant admittedly lacked a driver's license, the tag on the car being driven was expired, and the defendant produced no evidence that the car had been recently purchased, and thus fell within the initial 30-day registration period during which a numbered license plate was not required, defendant's convictions were upheld on appeal. Arellano v. State, 289 Ga. App. 148, 656 S.E.2d 264 (2008).

- Testimony by a police officer that someone else ran a computer check and determined that defendant did not have a driver's license was not sufficient to sustain defendant's conviction for driving without a license. James v. State, 265 Ga. App. 689, 595 S.E.2d 364 (2004).

Because the state failed to present the parties' stipulation to the trier of fact and there was no other evidence that the defendant was driving without a license, insufficient evidence existed to sustain a conviction for driving without a license. Raby v. State, 274 Ga. App. 665, 618 S.E.2d 704 (2005).

- Because the defendant was being tried under O.C.G.A. § 40-5-20, giving a clarifying charge to the jury on "driving without a license on the person" (see now O.C.G.A. § 40-5-29) was not error. Duckworth v. State, 223 Ga. App. 250, 477 S.E.2d 336 (1996), aff'd, 268 Ga. 566, 492 S.E.2d 201 (1997).

Cited in Smith v. State, 158 Ga. App. 663, 218 S.E.2d 631 (1981); Smith v. State, 248 Ga. 828, 286 S.E.2d 709 (1982); Pfeffier v. State, 173 Ga. App. 374, 326 S.E.2d 562 (1985); Cabral v. White, 181 Ga. App. 816, 354 S.E.2d 162 (1987); Spivey v. Sellers, 185 Ga. App. 241, 363 S.E.2d 856 (1987); Rogers v. State, 206 Ga. App. 654, 426 S.E.2d 209 (1992); Florence v. State, 246 Ga. App. 479, 539 S.E.2d 901 (2000); Rocha v. State, 250 Ga. App. 209, 551 S.E.2d 82 (2001); In the Interest of T. H., 258 Ga. App. 416, 574 S.E.2d 461 (2002); Simmons v. State, 281 Ga. App. 252, 635 S.E.2d 849 (2006); Dunbar v. State, 283 Ga. App. 872, 643 S.E.2d 292 (2007); Lopez v. State, 286 Ga. App. 873, 650 S.E.2d 430 (2007); State v. Torres, 290 Ga. App. 804, 660 S.E.2d 763 (2008); Manhertz v. State, 317 Ga. App. 856, 734 S.E.2d 406 (2012); State v. McCloud, 344 Ga. App. 595, 810 S.E.2d 668 (2018), cert. denied, No. S18C0899, 2018 Ga. LEXIS 577 (Ga. 2018).

Motor scooter is a motor vehicle which must be licensed before operation in Georgia, and the operator of a motor scooter is subject to the same rules as drivers of automobiles. 1954-56 Op. Att'y Gen. p. 485.

Go-cart is a motor vehicle; the operator of a go-cart must be licensed; the go-cart must be registered, inspected annually, and equipped with headlights, stop lights, and turn signals. 1969 Op. Att'y Gen. No. 69-194.

- Nonresident student is not required to obtain a Georgia driver's license in order to operate a vehicle on the public roads and highways so long as the student is at least 16 years of age and is the holder and possessor of a valid operator's or public chauffeur's license issued by the state of domicile. 1970 Op. Att'y Gen. No. 70-40.

- Offenses arising under O.C.G.A. § 40-5-20(a) are designated as offenses for which those charged are to be fingerprinted. 2008 Op. Att'y Gen. No. 2008-6; 2009 Op. Att'y Gen. No. 2009-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 100, 102, 112 et seq.

- 60 C.J.S., Motor Vehicles, §§ 319 et seq., 323, 331 et seq.

- Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375; 53 A.L.R.2d 850.

Constitutionality and construction of statutes with respect to nonresident motor vehicle operators' or drivers' licenses, 82 A.L.R. 1392.

Validity of statute or ordinance relating to granting or revocation of license or permit to operate automobile, 108 A.L.R. 1162; 125 A.L.R. 1459.

Lack of proper automobile registration or operator's license as evidence of operator's negligence, 29 A.L.R.2d 963.

Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.

Validity of state statutes, regulations, or other identification requirements restricting or denying driver's licenses to illegal aliens, 16 A.L.R.6th 131.

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Georgia HB 875 (Right to Travel Act)

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Transcript of Georgia HB 875 (Right to Travel Act)

8/8/2019 Georgia HB 875 (Right to Travel Act)

- 1 -______________________________________________________________________________________________

This information is provided in electronic format by the Georgia general Assembly as a public service. Thisinformation does not constitute an official record of the General Assembly and no warranty or guarantee ofany kind is provided.

Georgia HB 875: Right to Travel Act January 2010

A BILL TO BE ENTITLEDAN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and

traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report thefindings of the General Assembly regarding the constitutionality of certain laws relating to drivers'

licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

This Act shall be known and may be cited as the "Right to Travel Act."

The General Assembly finds that:

(1) Free people have a common law and constitutional right to travel on the roads and highways

that are provided by their government for that purpose. Licensing of drivers cannot be required of

free people because taking on the restrictions of a license requires the surrender of an inalienable

(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta:

It shall be lawful to any person, for the future, to go out of our kingdom, and to return,

safely and securely, by land or by water, saving his allegiance to us, unless it be in time of

war, for some short space, for the common good of the kingdom: excepting prisoners andoutlaws, according to the laws of the land, and of the people of the nation at war against us,

and Merchants who shall be treated as it is said above.

- 2 -______________________________________________________________________________________________

(3) Where rights secured by the Constitution of the United States and the State of Georgia are

involved, there can be no rule making or legislation that would abrogate these rights. The claim

and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or

penalty imposed upon an individual because of this exercise of constitutional rights;

(4) American citizens have the inalienable right to use the roads and highways unrestricted in any

manner so long as they are not damaging or violating property or rights of others. The government,

by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, thepeople's common law and constitutional right to travel;

(5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring

opinion that the right to travel "is a right broadly assertable against private interference as well as

governmental action. Like the right of association...it is a virtually unconditional personal right,

guaranteed by the Constitution to us all." The Articles ofConfederation had an explicit right to

travel; and we hold that the right to travel is so fundamental that the Framers thought it was

unnecessary to include it in the Constitution or the Bill of Rights;

(6) The right to travel upon the public highways is not a mere privilege which may be permitted or

prohibited at will but the common right which every citizen has under his or her right to life

liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under

normal conditions, travel at his or her inclination along the public highways or in public places

while conducting himself or herself in an orderly and decent manner; and

(7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the

public roads by passing legislation forcing the citizen to waive the right and convert that right into

a privilege.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is

amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as

This Act shall become effective upon its approval by the Governor or upon its becoming law

without such approval.

All laws and parts of laws in conflict with this Act are repealed.

HB 87: Georgia Law to IDENTIFY STATUS of ILLEGAL ALIENS

Webinar Presentation September 26, 2012 INTRODUCTION HB 879 enacted during 2012 legislative session Georgia Dept. of Education worked with Georgia Association.

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GA Bill for Constitutional right to travel without driver license

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Georgia congressman wants everyone behind the wheel, whether or not they can drive

Look at him. could you deny him his god-given rightsphoto: steven yehgeorgia representative and proven nut bobby franklin wants you to know that driver’s licenses are eroding your freedom as we speak, because they impinge on your constitutional rights. from his right to travel act: free people have a common law and constitutional right to […].

Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right. Reader support helps sustain our work. Donate today to keep our climate news free. All donations DOUBLED! One Time Monthly $120 $180 Other Donate $10 $15 Other Donate

Apparently Franklin, who lives in the Atlanta suburb of Marietta, is so car-oriented that he doesn’t understand the difference between “traveling” and “driving.” Sure, you have a right to go around without “your papers,” as Franklin puts it, if you’re biking or on foot or going by camel in a bureau drawer. If you’re going to operate large and deadly machinery, though, you should probably have been deemed competent to operate large and deadly machinery. Just wanting to drive something is not sufficient certification. This is one of the ways we keep children out of steam shovels and spaceships.

Franklin went on to call driving “a right that has been inalienably given to you from your creator.” Whoa, God says everyone can drive? The nation’s 15-year-olds are going to be PSYCHED.

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Ask Umbra’s 5 surprising things to make you a lover like no other

A highway in indiana could one day charge your ev while you’re driving it, as the climate changes, cities scramble to find trees that will survive, monitoring a ‘sea of trucks’ in chicago, 8 years into america’s e-scooter experiment, what have we learned, the problem with forcing people back to the office all the carbon emissions., have the world’s coral reefs already crossed a tipping point, the world agreed to create a climate reparations fund. now comes the hard part., us military bases teem with pfas. there’s still no firm plan to clean them up., modal gallery.

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HB.895 - The Right to Travel Act

on 10 October 2010 .

10 LC 34 2350 House Bill 875 By: Representative Franklin of the 43rd A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right; (2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above. (3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights; (4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel; (5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights; (6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the public highways or in public places while conducting himself or herself in an orderly and decent manner; and (7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege. SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

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Georgia Bill RESTORES RIGHT TO TRAVEL REPEALS DRIVERS LICENSE LAWS

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Now that I have your attention can we please get to the bottom of this. http://www.legis.state.ga.us/legis/2...text/hb875.htm 10 LC 34 2350 House Bill 875 By: Representative Franklin of the 43rd A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right; (2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above. (3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights; (4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel; (5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights; (6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the public highways or in public places while conducting himself or herself in an orderly and decent manner; and (7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege. SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Live Broadcast | Legislative Search | Find Your Legislator | FAQ | Help | Previous Sessions Georgia Code | State Departments This information is provided in electronic format by the Georgia general Assembly as a public service. This information does not constitute an official record of the General Assembly and no warranty or guarantee of any kind is provided.

http://www.google.com/unclesam?hl=en...22&btnG=Search

Bobby Franklin, what a statesman! I can identify any legislation he's drafted without even needing to look for his name. You know, this was the guy who wanted to tax the Federal Reserve in ATL on the basis that 'if it were a private bank, it should be susceptible to the same tax laws as any local community bank' (of course, being the chameleon of convenience that the Fed is, they changed their tune and said it wasn't private and basically, that it was above the law). It was a great idea, though.

Last edited by nobody's_hero; 07-03-2010 at 08:58 AM .

Originally Posted by timosman This is getting silly. Originally Posted by Swordsmyth It started silly. T.S. Eliot's The Hollow Men "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato We Are Running Out of Time - Mini Me Originally Posted by Philhelm I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.

Sounds like a great bill! Can it pass?

Constitutional rights?

That would be interesting. I'm shocked.

---- Ron Paul Forum's Mission Statement: Inspired by US Rep. Ron Paul of Texas, this site is dedicated to facilitating grassroots initiatives that aim to restore a sovereign limited constitutional Republic based on the rule of law, states' rights and individual rights. We seek to enshrine the original intent of our Founders to foster respect for private property, seek justice, provide opportunity, and to secure individual liberty for ourselves and our posterity.

good way to attract wreckless drivers, drunk drivers, illegal aliens and irresponsible teens. now who has any legal authority to stop a person from driving?

Originally Posted by WaltM good way to attract wreckless drivers, drunk drivers, illegal aliens and irresponsible teens. now who has any legal authority to stop a person from driving? Much like respecting the fundamental right to own and carry firearms for self-defense is a good way to attract robbers, murderers, and irresponsible gun owners? Freedom entails certain risks.

Chris " Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility , praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

Originally Posted by CCTelander Much like respecting the fundamental right to own and carry firearms for self-defense is a good way to attract robbers, murderers, and irresponsible gun owners? Freedom entails certain risks. More like endangering the life, liberty, and pursuit of happiness of those who will now fall prey to the countless people whose licenses were taken away for that very thing? Believe it or not, fines, license revocation, and breathe analyzers in cars really do keep people off of the road contrary to the weak counter argument of "they'll do it anyway."

You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete."

Originally Posted by eOs More like endangering the life, liberty, and pursuit of happiness of those who will now fall prey to the countless people whose licenses were taken away for that very thing? Believe it or not, fines, license revocation, and breathe analyzers in cars really do keep people off of the road contrary to the weak counter argument of "they'll do it anyway." And Mussolini's facism kept the trains running on time. So what? Either you support liberty, regardless of the risks involved, or you don't. Trotting out the usual parade of horribles, much like anti-self-defense advocates routinely do, does not constitute a credible argument, btw. It's just blatant fear mongering in support of a clearly anti-liberty position.

Originally Posted by CCTelander And Mussolini's facism kept the trains running on time. So what? Either you support liberty, regardless of the risks involved, or you don't. Trotting out the usual parade of horribles, much like anti-self-defense advocates routinely do, does not constitute a credible argument, btw. It's just blatant fear mongering in support of a clearly anti-liberty position. Liberty for who? The idiotic drunkard driving on the road or the family who gets hit by him? Seems to me like you've got your definition of liberty a little mixed up. While you'd rather support the mad man's right to take someone's life because you feel he is entitled to drive no matter his previous driving record, I choose to support the freedom of individuals in their right not to die by pragmatic preventative measures. And while drunk driving homicide rates are high, it'd be tenfold without licenses.

Originally Posted by eOs Liberty for who? The idiotic drunkard driving on the road or the family who gets hit by him? Seems to me like you've got your definition of liberty a little mixed up. While you'd rather support the mad man's right to take someone's life because you feel he is entitled to drive no matter his previous driving record, I choose to support the freedom of individuals in their right not to die by pragmatic preventative measures. And while drunk driving homicide rates are high, it'd be tenfold without licenses. No sir, it is you who are confused. You don't get to trample on MY liberty so you can secure that warm, fuzzy illusion of "safety" that you so obviously desire. You don't get to trample MY liberty, by making the a priori assumption that I will, or may, do something irresponsible just because there are others out there who actually do. You don't get to use violence and theft against ME just because you can point to someone else's misuise of their liberty. If you want to curtail drunk driving or irresponsible teenaged drivers, there are ways of doing so WITHOUT violating MY rights, and the rights of the overwhelming majority of others who are NOT irresponsible. Taking any other approach is purely anti-liberty, and evil.

Originally Posted by CCTelander No sir, it is you who are confused. You don't get to trample on MY liberty so you can secure that warm, fuzzy illusion of "safety" that you so obviously desire. You don't get to trample MY liberty, by making the a priori assumption that I will, or may, do something irresponsible just because there are others out there who actually do. You don't get to use violence and theft against ME just because you can point to someone else's misuise of their liberty. If you want to curtail drunk driving or irresponsible teenaged drivers, there are ways of doing so WITHOUT violating MY rights, and the rights of the overwhelming majority of others who are NOT irresponsible. Taking any other approach is purely anti-liberty, and evil. Guess we'll have to just agree to disagree then. I'd suggest taking an online course on how to live with others though. Your philosophy truly does contain flaws in reality.

Originally Posted by eOs Guess we'll have to just agree to disagree then. I'd suggest taking an online course on how to live with others though. Your philosophy truly does contain flaws in reality. Thank you for the suggestion. I'll certainly give it every bit of consideration that it's due. I might make a suugestion for you as well. You might find it edifying to look into the concept of prior restraint. Have a nice day!

Originally Posted by WaltM good way to attract wreckless drivers, drunk drivers, illegal aliens and irresponsible teens. Nothing like a little strawman to make your argument. Post fail. now who has any legal authority to stop a person from driving? Travel is a right, not a privilege.

"Democracy, too, is a religion. It is the worship of jackals by jackasses." - H.L. Mencken Μολὼν λάβε "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." - William Pitt

Originally Posted by Brooklyn Red Leg Nothing like a little strawman to make your argument. Post fail. Similarly to anti-gunners, that's about all they've got on this one. Originally Posted by Brooklyn Red Leg Travel is a right, not a privilege. QFT!

When you get into travel the statists come out in full force. Government intervention can't prevent people from doing bad things... except driving.

Originally Posted by Live_Free_Or_Die When you get into travel the statists come out in full force. Government intervention can't prevent people from doing bad things... except driving. Naturally. People almost always create endless rationalizations and justifications to explain why their position is "right," even though if completely violates what they claim to hold as fundamental principles. Those who actually do care about liberty will eventually come around. The rest, well...

Originally Posted by Live_Free_Or_Die When you get into travel the statists come out in full force. Government intervention can't prevent people from doing bad things... except driving. You've got money for a plane ticket? I hear the amazon jungle is full of freedom, why don't you put your money where your mouth is and live out your dream of unimpeded recklessness and disregard for human safety there? Originally Posted by Live_Free_Or_Die Immigrants value creating a better life enough to actually move. A lot of people talk about state rights but no one wants to move.

Silly bill. Many court cases including the Supreme Court have repeatedly backed up the right to travel outside of government regulation. Driving is a government privilege, just stick to traveling in your private conveyance.

Pfizer Macht Frei! Openly Straight Man, Danke, Awarded Top Rated Influencer. Community Standards Enforcer. Quiz: Test Your "Income" Tax IQ! Short Income Tax Video The Income Tax Is An Excise, And Excise Taxes Are Privilege Taxes The Federalist Papers, No. 15: Except as to the rule of appointment, the United States have an indefinite discretion to make requisitions for men and money; but they have no authority to raise either by regulations extending to the individual citizens of America.

Originally Posted by eOs You've got money for a plane ticket? I hear the amazon jungle is full of freedom, why don't you put your money where your mouth is and live out your dream of unimpeded recklessness and disregard for human safety there? There are all ready laws against destruction of private property, and bodily harm to another. Your license fees, taxes, and other laws are redundant and anti-liberty. You don't need a license to keep drunk drivers off the road. Once they have to pay 20,000$+ in damages I'd doubt they'll be driving for quite a while, or going to jail for years for manslaughter. Besides, the arbitrary alcohol tests are patently absurd. Not everyone has the same alcohol tolerance. I know a few people who can drive better than most people sober with .10 levels (They drink a lot lol). While we are on this subject, I wonder if this man will introduce legislation to fully privatize the transportation system and eliminate all regulation of said privatization (otherwise, its not really private, but Fascistic). Regulation does not mean by the way -- violations of Natural Law (Property -- body & inanimate + pets ). Incidentally, road fatalities would drastically decline if everything was privatized and left to the Market. You should really read Block's Privatization of the Roads & Highways. The State transportation system kills more people every year than just about anything else. It's time the State stops killing people (as they are the managers of said system).

School of Salamanca - School of Austrian Economics - Liberty, Private Property, Free-Markets, Voluntaryist, Agorist . le monde va de lui même "No man hath power over my rights and liberties, and I over no mans [sic]." What, sir, is the use of a militia? It is to prevent the establishment of a standing army , the bane of liberty . www.mises.org www.antiwar.com An Arrow Against all Tyrants - Richard Overton vis. 1646 (Required reading!)

Originally Posted by Austrian Econ Disciple Incidentally, road fatalities would drastically decline if everything was privatized and left to the Market. You should really read Block's Privatization of the Roads & Highways. The State transportation system kills more people every year than just about anything else. It's time the State stops killing people (as they are the managers of said system). While this is absolutely true, I seriously doubt facts will have any effect on those who imagine that state violence against innocents somehow makes them safer. Sad but true.

Originally Posted by Brooklyn Red Leg Nothing like a little strawman to make your argument. Post fail. Travel is a right, not a privilege. if it's a strawman, correct me. how is it not true? travel is not a right, just like trespassing is not a right. you have no right to travel on other people's property, so the public has every right to say you can't travel, or must travel by certain means they allow.

Originally Posted by CCTelander Much like respecting the fundamental right to own and carry firearms for self-defense is a good way to attract robbers, murderers, and irresponsible gun owners? where does your right to self defense end? Are you allowed to own nuclear bombs? what's the maximum amount of ammo for self defense? At what point does "self defense" fail to account for excessive ownership, possession and usage of firearms? Freedom entails certain risks .[/QUOTE] I agree. Some of which I'd lose to lose.

Originally Posted by WaltM if it's a strawman, correct me. how is it not true? travel is not a right, just like trespassing is not a right. you have no right to travel on other people's property, so the public has every right to say you can't travel, or must travel by certain means they allow. Is breathing a right? Do you have the right to use the public's air?

Originally Posted by Danke Silly bill. Many court cases including the Supreme Court have repeatedly backed up the right to travel outside of government regulation. Driving is a government privilege, just stick to traveling in your private conveyance . exactly. more specifically, driving on public roads is a government privilege. I can't imagine the government saying you can't drive your own car on your own land, unless there's a safety and environmental concern.

Originally Posted by Danke Is breathing a right? Do you have the right to use the public's air? I have no right to use anything that's owned by somebody else. (Trick : as long as I don't recognize that something is somebody's property, I won't deny my right to use it) If you can make me an argument that the public owns the air and exclude me, good for you. In contrast, I can show that the public, can and does and continues to intend to enforce driving privileges against those who disagree with them.

Originally Posted by WaltM I have no right to use anything that's owned by somebody else. (Trick : as long as I don't recognize that something is somebody's property, I won't deny my right to use it) If you can make me an argument that the public owns the air and exclude me, good for you. In contrast, I can show that the public, can and does and continues to intend to enforce driving privileges against those who disagree with them. So can the public force you to stay home? And not use any public property?

Originally Posted by eOs More like endangering the life, liberty, and pursuit of happiness of those who will now fall prey to the countless people whose licenses were taken away for that very thing? Believe it or not, fines, license revocation, and breathe analyzers in cars really do keep people off of the road contrary to the weak counter argument of "they'll do it anyway." I believe it, living in a city that greatly benefits from it. Yes, a lot of people have been inconvenienced by their "right" to drive being revoked, but the city is safer without them driving (and it's worth it). Yes, many will "do it anyway" at the risk of being caught and punished again. Ask anybody who's been caught DUI whether they'd want to do it again (not if they will, would they want to).

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A Proposed Law Targeting ‘Foreign Interests’ in Georgia Riles the Opposition

Opponents of the measure, which resembles a Russian law that Moscow has used to crack down on dissidents, say it could undermine efforts for Georgia to join the European Union.

Protesters carrying red and white flags walking on the street with smoke rising above them.

By Ivan Nechepurenko

Reporting from Tbilisi, Georgia.

For the past month, the Georgian capital of Tbilisi has been engulfed in turmoil. Protesters have taken to the streets of the city night after night. A fistfight broke out between legislators in the country’s Parliament. And over the weekend, there were clashes between police and protesters at a large demonstration in the center of the city.

The trigger for the unrest was a decision early this month by the governing party, Georgian Dream, to push a bill through Parliament that the pro-Western opposition believes could be used to crack down on dissent and hamper the country’s efforts to join the European Union.

The draft law would require nongovernmental groups and media outlets that receive more than 20 percent of their funding from foreign sources to register as organizations “carrying the interests of a foreign power” and provide annual financial statements about their activities. Violations would incur fines equivalent to more than $9,000.

The government backed down on a previous attempt to pass the law last year after facing massive protests, but this time appears determined to push it through Parliament.

The legislation resembles a similar measure that Moscow implemented in 2012 that has been used as a heavy-handed tool to stifle and stigmatize anti-Kremlin advocacy groups and media organizations. Critics say that one of the aims of the bill, which they call “the Russian law,” is to align Georgia, a former Soviet country of 3.6 million, more closely with Moscow.

Similar measures have been adopted by two other former Soviet nations, Kazakhstan and Kyrgyzstan.

Lawmakers will start debate Tuesday on the second of three votes on the bill. Protests have been intensifying ahead of the debate, and on Sunday thousands of protesters marched along Rustaveli Avenue, the main thoroughfare of Tbilisi, shouting “No to the Russian law!” At one point, a group of protesters clashed with the police, who used pepper spray to disperse them.

“Everything shows that this government is controlled by Putin,” Irakli Vachnadze, 59, an architect, said on a recent evening as he headed for a rally in front of the imposing Stalin-era building of the Georgian Parliament.

Mr. Vachnadze’s views are common among the protesters and other critics of the law in Georgia. But experts say they think it is unlikely that Russia has pushed for the law and that it is mainly aimed at strengthening the hand of Georgian Dream, which has called for a more conciliatory approach to Moscow with regard to the war in Ukraine.

More than 450 Georgian NGOs and media organizations have signed a petition against the law , including the Georgian branches of the corruption watchdog Transparency International and the Save the Children charity.

The government — which has been controlled by Georgian Dream since 2012 — says the bill is simply a measure aimed at making foreign funding more transparent. The party says the legislation was modeled on an American law dating to 1938 and other similar measures passed or proposed by European and other Western countries.

The first draft of the new bill was approved by lawmakers on April 17. The bill is unlikely to be signed into law before the end of May because legislators will probably have to override an expected veto by the country’s president, Salome Zourabichvili. Ms. Zourabichvili, whose duties are largely ceremonial in Georgia’s parliamentary system, was endorsed by Georgian Dream when she was elected in 2018 but she later became a fierce critic of the ruling party.

Georgian Dream says it wants Georgia to be in the European Union and NATO, but has argued for a more neutral approach to Russia and has accused the opposition of playing a dangerous game of provoking Moscow that risks having the war in Ukraine spread to Georgia.

On Monday, the government gathered tens of thousands of its supporters in front of the Parliament building in central Tbilisi. In a rare public speech, Bidzina Ivanishvili, a former prime minister and oligarch who is a senior but unofficial leader of Georgian Dream, accused pro-Western organizations of attempting to hijack the Georgian state in order to drag the country into a war with Russia.

“Georgia must be ruled by a government that was elected by Georgians,” Mr. Ivanishvili told the crowd.

Maksim Samorukov, a fellow at the Carnegie Russia Eurasia Center, said he believed it was unlikely that the government acted at the behest of the Kremlin. The opposition was probably using that accusation as a way of undermining the ruling party, he said.

But, Mr. Samorukov said, the public backlash against the law was understandable.

“Such laws are passed in countries where governments have been in power for too long,” Mr. Samorukov said. He added that it could be used as “a very convenient instrument” allowing the government “to frame any opposition as agents of malicious foreign influence.”

The draft legislation has drawn sharp criticism from E.U. and U.S. officials, who said it renewed questions about democracy in Georgia and the country’s commitment to join the European Union. In December, the European Union granted Georgia candidate status, a move widely seen as an effort to prevent the country from sliding into the Kremlin’s orbit.

Similar legislation targeting foreign influences has been introduced by the Central Asian states of Kazakhstan and Kyrgyzstan, two other post-Soviet countries, in the past two years, raising concerns about the region drifting toward Moscow. A law curbing foreign influence has also been passed in Hungary , and proposed by Slovakia and the predominantly Serb area of Bosnia, the Republika Srpska .

Maxim Krupskiy, a U.S.-based lawyer who has been studying the foreign agents law in Russia, said the Russian law and the proposed bill in Georgia were markedly different from measures adopted in the West. In the United States, for example, he said, the government needed to prove that an “agent” was acting under the instruction of a foreign power or individual.

“You cannot become an agent simply by receiving funds from abroad,” Mr. Krupskiy said. “If you do get registered as a foreign agent, you can also fight it in an independent court,” he said. He added that in Russia there had not been a single case since 2012 in which a court had overturned the government’s designation of an organization as a foreign agent.

Georgia straddles a region that for centuries has been the arena for a geopolitical tug of war between Russia, Turkey, Western states and Iran. The war in Ukraine has exacerbated Georgia’s already polarized internal politics.

Prime Minister Irakli Kobakhidze has been a major supporter of the foreign influence bill and has also angered the opposition by refusing to impose sanctions on Russia for the war in Ukraine.

In March 2023, when the Georgian government made its first attempt to promote the foreign influence bill, it led to a wave of protests that rocked Tbilisi.

The government’s determination to push the draft bill again, a little over a year after its first attempt had failed so spectacularly, reflects a broad geopolitical shift, said Armaz Akhvlediani, an independent lawmaker in the Georgian Parliament.

He said he believed the government felt it had more space to act now, with the war in Ukraine raging, and was preparing in case Mr. Putin’s influence grew in the region.

Ms. Zourabichvili, the president, has said she is convinced that Georgian Dream had proposed the bill under pressure from Moscow and that she would cast a veto as soon as the draft law was approved by Parliament.

In a post on the social media platform X, she said “Georgia will not surrender to resovietisation!” However, the governing party has enough votes to override her veto.

The government has also been actively engaged in countermessaging. Bus stops across Tbilisi have been plastered with posters saying the draft law has nothing to do with Russia and would bring Georgia closer to the European Union.

Paata Zakareishvili, a former minister who has since parted ways with Georgian Dream, said that the government “cannot get over the defeat from last year” and that this time it “knew what it would have to deal with.” He said he was worried that this latest effort could sink his country’s E.U. ambitions.

“They do everything to make sure Europe rejects Georgia,” he said.

Ivan Nechepurenko covers Russia, Ukraine, Belarus, the countries of the Caucasus, and Central Asia. He is based in Moscow. More about Ivan Nechepurenko

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Georgia Set To Recognize The Right To Travel

7 comments in response to georgia set to recognize the right to travel.

The right to travel has always existed. There is a potential danger in this bill. Since the right to travel has always existed, the only reason that the state wins (most of the time) against those who attempt to exercise this right, is that the people do not understand the law and how to use it. And their attorneys... well, an attorney is an officer of the court. So, whose side is he on? The danger is that if we start to allow the state to codify our rights, then our rights truly become privileges. This bill should not be enacted. What should be done is the repealing of the driving statutes, period.

Its a good start but...wouldn`t secession be better?

Never mind the affliction

Bopperism is the answer

jukit.wordpress.com

What do you think 4409?

It seems like a great bill with a great argument- one that I've been wanting to use in California for a long time.

10 LC 34 2350

26 (4) American citizens have the inalienable right to use the roads and highways

27 unrestricted in any manner so long as they are not damaging or violating property or

28 rights of others. The government, by requiring the people to obtain drivers' licenses, is

29 restricting, and therefore violating, the people's common law and constitutional right to

32 concurring opinion that the right to travel "is a right broadly assertable against private

33 interference as well as governmental action. Like the right of association...it is a virtually

34 unconditional personal right, guaranteed by the Constitution to us all." The Articles of

35 Confederation had an explicit right to travel; and we hold that the right to travel is so

36 fundamental that the Framers thought it was unnecessary to include it in the Constitution

37 or the Bill of Rights;

38 (6) The right to travel upon the public highways is not a mere privilege which may be

39 permitted or prohibited at will but the common right which every citizen has under his

40 or her right to life, liberty, and the pursuit of happiness. Under this constitutional

41 guarantee one may, therefore, under normal conditions, travel at his or her inclination

42 along the public highways or in public places while conducting himself or herself in an

43 orderly and decent manner; and

44 (7) Thus, the legislature does not have the power to abrogate the citizens' right to travel

45 upon the public roads by passing legislation forcing the citizen to waive the right and

46 convert that right into a privilege.

47 SECTION 3.

48 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is

49 amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter

50 as reserved.

51 SECTION 4.

52 This Act shall become effective upon its approval by the Governor or upon its becoming law

53 without such approval.

54 SECTION 5.

55 All laws and parts of laws in conflict with this Act are repealed.

House Bill 875

By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED

1 To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and

2 traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to

3 report the findings of the General Assembly regarding the constitutionality of certain laws

4 relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and

5 for other purposes.

6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

7 SECTION 1.

8 This Act shall be known and may be cited as the "Right to Travel Act."

9 SECTION 2.

10 The General Assembly finds that:

11 (1) Free people have a common law and constitutional right to travel on the roads and

12 highways that are provided by their government for that purpose. Licensing of drivers

13 cannot be required of free people because taking on the restrictions of a license requires

14 the surrender of an inalienable right;

15 (2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta:

16 It shall be lawful to any person, for the future, to go out of our kingdom, and to return,

17 safely and securely, by land or by water, saving his allegiance to us, unless it be in time

18 of war, for some short space, for the common good of the kingdom: excepting prisoners

19 and outlaws, according to the laws of the land, and of the people of the nation at war

20 against us, and Merchants who shall be treated as it is said above.

21 (3) Where rights secured by the Constitution of the United States and the State of

22 Georgia are involved, there can be no rule making or legislation that would abrogate

23 these rights. The claim and exercise of a constitutional right cannot be converted into a

24 crime. There can be no sanction or penalty imposed upon an individual because of this

25 exercise of constitutional rights;

I suggest everyone READ that bill very carefully not just the title. Please post that bill here on Freedoms Phoenix for everyone to read.

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Georgia HB 875
Right To Travel
Right to Travel by Jack McLamb
Right to Travel
Georgia State acknowledges 'Right to Travel' & Moor !
Hands Free Georgia Act

VIDEO

Advent 2 2023

COMMENTS

10 LC 34 2350 House Bill 875 By: Representative Franklin of the 43
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 7 SECTION 1. 8 This Act shall be known and may be cited as the "Right to Travel Act." 9 SECTION 2. 10 The General Assembly finds that: 11 (1) Free people have a common law and constitutional right to travel on the roads and 12 highways that are provided by their government for that purpose.
Bill Text: GA HB875
2009 GA HB875 (Text) Right to Travel Act; enact. It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the ...
GENERAL ASSEMBLY OF GEORGIA, Right to Travel Act
GENERAL ASSEMBLY OF GEORGIA, Right to Travel Act. Posted on October 5, ... As of today the bill has had a second reading on 01-13-2010. I tracked down Georgia HB 875 Right To Travel. Â It died in Committee after a second reading and will have to be reintroduced after Nov 15, 2010. 10 LC 34 2350.
C:\pdf\108135.wpd
C:\pdf\108135.wpd. 11. LC 34 2781. House Bill 7 By: Representative Franklin of the 43rd. BILL TO BE ENTITLED AN ACT. To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and. traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to.
Bill Text: GA HB7
2011 GA HB7 (Text) Right to Travel Act; enact. It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation ...
Georgia Hb 875
10 LC 34 2350 House Bill 875 By: Representative Franklin of the 43 rd A BILL TO BE ENTITLED AN ACT 1 To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and 2 traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to 3 report the findings of the General Assembly regarding the constitutionality of certain laws 4 relating ...
Right to Travel and Privileges and Immunities Clause
Footnotes Jump to essay-1 See, e.g., Ward v. Maryland, 79 U.S. 418, 430 (1870) ([The Privileges and Immunities] clause plainly and unmistakably secures and protects the right of a citizen of one State to pass into any other State of the Union . . . .); Paul v. Virginia, 75 U.S. 168, 180 (1868) (stating that the Privileges and Immunities Clause includes the right of free ingress into other ...
HB.895
SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking ...
Georgia HB 875
Georgia HB 875 - Right to Travel Act - Free download as PDF File (.pdf), Text File (.txt) or read online for free. The Georgia legislature has taken a step to restore a fundamental right back to its original intent. Georgia House Bill 875 would repeal all requirement for non-commercial drivers to have a driver's license and also repeal many of the laws that constrain the fundamental right to ...
Georgia-2011-HB7-Introduced
SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking ...
PDF 14 LC 41 0153 House Bill 875
C:\pdf\138458.wpd. House Bill 875 By: Representatives Jasperse of the 11th, Meadows of the 5th, Powell of the 32nd, Ballinger of the 23rd, Hightower of the 68th, and others. BILL TO BE ENTITLED AN ACT. To amend Code Section 8-3-202, Article 2 of Chapter 3, Article 4 of Chapter 11, and Part 2. of Article 4 of Chapter 12 of Title 16, Code Section ...
By: Representatives Williams of the 148 th, Lumsden of the 12 th
AN ACT 1 To amend Title 33 of the Official Code of Ge orgia Annotated, relating to insurance, so as to ... 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 6 SECTION 1. 7 Title 33 of the Official Code of Georgia Annotat ed, relating to insurance, is amended in Code ... 25 travel services and its customer to waive some or all of the ...
2020 Georgia Code
Effect of license requirement on right to travel. ... - Nonresident student is not required to obtain a Georgia driver's license in order to operate a vehicle on the public roads and highways so long as the student is at least 16 years of age and is the holder and possessor of a valid operator's or public chauffeur's license issued by the state ...
Georgia HB 875 (Right to Travel Act)
Georgia HB 875: Right to Travel Act January 2010. (3) Where rights secured by the Constitution of the United States and the State of Georgia are. involved, there can be no rule making or legislation that would abrogate these rights. The claim. and exercise of a constitutional right cannot be converted into a crime.
20 LC 47 0285/AP House Bill 875 (AS PASSED HOUSE AND SENATE)
15 March 27, 1995 (Ga. L. 1995, p. 3606), and an Act approved April 13, 2001 (Ga. L. 2001, 16 p. 4380), is amended by revising subsection (d) of Section 2 as follows: 17 "(d) The members of the authority shall be entitled to compensation for their services, out. 18 of authority funds, at the rate of $100.00 for each meeting they attend, not to ...
DOC IN THE STATE COURT OF HENRY COUNTY
Constitutional right to travel does not include right to dive a car without a license. Next, and related to the first challenge, Defendant argues "traveling upon the streets, highways, and byways in Georgia by this man is an unalienable right. ... Rights are rarely absolute. The Georgia Supreme Court, for example, has routinely upheld ...
GA Bill for Constitutional right to travel without driver license
10 LC 34 2350 House Bill 875 By: Representative Franklin of the 43rd A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to ...
GA HB7
2011 GA HB7 (Summary) Right to Travel Act; enact. Spectrum: Partisan Bill (Republican 1-0) Status: Introduced on November 15 2010 - 25% progression, died in committee Action: 2011-01-24 - House Second Readers Pending: House Motor Vehicles Committee Text: Latest bill text (Introduced) [HTML]
Georgia congressman wants everyone behind the wheel, whether or ...
A nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future.
HB.895
House Bill 875. By: Representative Franklin of the 43rd ... This Act shall be known and may be cited as the "Right to Travel Act." ... Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a ...
Georgia Bill RESTORES RIGHT TO TRAVEL REPEALS DRIVERS LICENSE LAWS
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose.
Georgia Bill Targeting 'Foreign Interests' Draws Protests
The legislation resembles a similar measure that Moscow implemented in 2012 that has been used as a heavy-handed tool to stifle and stigmatize anti-Kremlin advocacy groups and media organizations ...
This became Law in 2014 or...
This became Law in 2014 or 2015 in Georgia Republic, but do the People Moors know it yet? Georgia Right to Travel Law. A BILL TO BE ENTITLED AN ACT 1 To amend Title 40 of the Official Code of...
Georgia Set To Recognize The Right To Travel
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 7 SECTION 1. 8 This Act shall be known and may be cited as the "Right to Travel Act." 9 SECTION 2. 10 The General Assembly finds that: 11 (1) Free people have a common law and constitutional right to travel on the roads and. 12 highways that are provided by their government for that purpose.