Can someone please explain to me and provide support Law when it comes to the Right to Travel vs Privilege to operate a motor Vehicle.
I have reviewed the Florida Statues, and looked at exerpts from Supreme Court cases, about right to travel and I get it. It is our basic unalienable right to move freely and unrestricted via public roadways and highways, but in my research, and due diligence, the Right to Operate a Motor Vehicle is not a basic fundamental right, but a privilege.
How then can we argue about a Right to Travel with no license, when that is not central theme. No one is saying we can't travel, but if we want to operate a Motor Vehicle, then we must obtain the necessary license to do so, because operating a vehicle a privilege and not a right.
Trust me, I'm all for the Right to Travel and I hope it includes the right to operate a motor vehicle without a license.
§ 85.1703 Definition of motor vehicle.
(a) For the purpose of determining the applicability of section 216(2), a vehicle which is self-propelled and capable of transporting a person or persons or any material or any permanently or temporarily affixed apparatus shall be deemed a motor vehicle, unless any one or more of the criteria set forth below are met, in which case the vehicle shall be deemed not a motor vehicle:
(2) The vehicle lacks features customarily associated with safe and practical street or highway use, such features including, but not being limited to, a reverse gear (except in the case of motorcycles), a differential, or safety features required by state and/or federal law; or
(3) The vehicle exhibits features which render its use on a street or highway unsafe, impractical, or highly unlikely, such features including, but not being limited to, tracked road contact means, an inordinate size, or features ordinarily associated with military combat or tactical vehicles such as armor and/or weaponry.
(6)Motor vehicle.— https://www.law.cornell.edu/uscode/text/18/31
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.
MOTOR VEHICLE. Blacks Law 4th edition
http://www.nationallibertyalliance.org/files/docs/Books/Black's%20Law%204th%20edition,%201891.pdf In the Uniform Act Regulating Traffic on Highways, 11 U.L.A., and similar statutes, any self-propelled "vehicle," defined as including every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human or muscular power or used exclusively upon stationary rails or tracks. The term "motor vehicles," although sometimes regarded as synonymous with or limited to "automobiles," often has 1164 MOVING a broader meaning, and includes not only ordinary automobiles, but also motorbusses and trucks, as well as motorcycles. Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed., § 2.
320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
(17) “Driver license” means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. s. 30301. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.01.html