Key Points Discussed on this Page

Is getting out the right choice for you?
If you do not have a driver’s license then you are not the PERSON under the code.
It is unlikely you are using your property to conduct a regulated activity
If you don’t have a nexus with the State of California and there is no injured party, you are NOT “in this state” or “in the state”
The only reason you are given a traffic citation with no injured party is because you CONSENTED/CONTRACTED to be the Agent for the Service of Process!
If you do have a driver’s license then you are the Agent for the Service of Process, accept it, and any subsequent citations as the “Authorized Representative”!
Getting out of this part of the matrix

To Get Out or Stay In

I am often asked: should I get rid of my driver’s license? If you are asking other people that question, then no you should not!

There are at least 50 different schemes specifically designed to steal your automobile with any number of variables used to give cause to throw you in jail, and some 3007 policy variations, some are reasonable and in line with the public safety in mind, many are not, it is important to know your local rules.

Getting out of the system is not for everyone and if you don’t have the moral convictions, courage and articulation to debate those convictions then it may not be the option for you! People think driving without a license is an easy option for when they have got in trouble, got a suspension or a DUI or something of that nature. They watch YouTube videos of people successfully negotiating traffic stops and think that is cool, until they end up having their automobile taken and are carted off to jail - while it is great to have people waking up to the fact that you should not have to ask permission to travel, and for most purposes this is not necessary these are not the best people to be spotlighted in this battle. We need more “responsible” people, people who do not have any issues to wake up to the fact that their energy is being harvested and if they are not participating in a regulated activity then there is no licensing and registration requirements. One of the main reasons people should be giving up this privilege is because the licensing or regulation of a right should not be reduced to that of a privilege just so the “state” can harvest our energy in order to make a profit. There is no doubt in my mind that the State of California is a criminal organization, this is a police state. When I see women dropping their children off at school getting harassed by school police for not having registration, or the many people who are now living in their automobiles because the banks have taken their homes now suffering the loss of their automobiles is disgusting and sickens me! Conversely, people convicted of a DUI can pay a little extra to get an SR22 and continue to endanger the public proves the Safe Streets act has everything to do with making money and nothing to do with keeping the public safe. There is absolutely no evidence to show that paying for a card or paying for a certificate of title makes someone safer behind the wheel.

photo credit @_apocalyptimist_ — photo credit *@_apocalyptimist*_

Think carefully before you decide to give up your driver’s license or motor vehicle registration - car impounds and court cases can be extremely expensive!

The California Vehicle Code

In regards to the California Vehicle Code – it was originally made up of small, simple uncodified statutes to control motor vehicles that characterized the first twenty years of the twentieth century which were replaced with a much more comprehensive and complex statute in 1924. That 1924 enactment was the foundation of the vehicle code codified by c. 27, Statutes of 1935. The Vehicle code was extensively reorganized and recodified on a couple of occasions, most recently and comprehensively by c.3 of the Statutes of 1959, a non-substantive legislative act. See: https://lehili.info/researching-california-legislative-history/

In 1921, the powers and duties of the Department of Motor Vehicles were transferred to the Division of Motor Vehicles, part of the newly created Department of Finance. The move reflected recognition of the division's revenue producing status. See: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/about/profile/history

I am not the “person” under the code

In my research I have discovered that there are two types of Persons under the vehicle code. The first being the person who it originally applied to being those engaged in commercial activities or those as may be found in 2012 California Codes VEH - Vehicle Code DIVISION 11 - RULES OF THE ROAD [21000 - 23336] CHAPTER 1 - Obedience to and Effect of Traffic Laws ARTICLE 2 - Effect of Traffic Laws Section 21052

California Vehicle Code § 21052 (through 2013 Leg Sess)

The provisions of this code applicable to the drivers of vehicles upon the highways apply to the drivers of all vehicles while engaged in the course of employment by this State, any political subdivision thereof, any municipal corporation, or any district, including authorized emergency vehicles subject to those exemptions granted such authorized emergency vehicles in this code.

(Enacted by Stats. 1959, Ch. 3.)

This also corresponds with Senate Bill No. 11 introduced by Senator Collier on March 20, 1950. This document also supports the idea that registration is a “use tax” as discussed below.

The second person appears to be those persons who consent to being governed and complete an application for a drivers’ license or for a certificate of title as may be found under California Vehicle Codes 17456 and 17460, discussed more below.

I am not using my automobile for a regulated activity

VEHICLE CODE – VEH DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 260.

(a) A “commercial vehicle” is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.

(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.

(Amended by Stats. 2003, Ch. 222, Sec. 1. Effective January 1, 2004.)

These definitions are also supported in the federal definitions as may be found in Title 18 USC section 31 – definitions:

(a) Definitions.—In this chapter, the following definitions apply:

(6) Motor vehicle.—

The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

(10) Used for commercial purposes.—

The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit

See: https://www.law.cornell.edu/uscode/text/18/31

Of course when we consider the definitions for the term “in this state” we have a clearer understanding that we are talking about an overlay so the federal definitions are relevant.

The last point I would like to make is that the registration is in fact a use tax. If the automobile is used for commercial purposes it is in fact required to be registered. If it is not used for commercial purposes and it is used, bought, or leased for use primarily for personal, family, or household purposes it is “consumer goods”. According to:

California Civil Code 1791(a)

As used in this chapter:

(a) “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail.

This classification is also supported by California Commercial Code section 9109. There are no known provisions for such items under the California Vehicle Code simply because the state does not require that private property used for such purposes be registered.

If I do not have a driver’s license then in regards to this purpose you have not consented to be the agent for the service of process

California Vehicle Code Sec. 17460

The acceptance or retention by a resident of this state of a driver's license issued pursuant to the provisions of this code, shall constitute the consent of the person that service of summons may be made upon him within or without this state, whether or not he is then a resident of this state, in any action brought in the courts of this state upon a cause of action arising in this state out of his operation of a motor vehicle anywhere within this state.

(Amended Ch. 720. Stats. 1967. Effective November 8, 1967.)

(Amended Ch. 622, Stats. 1971. Operative May 3, 1972.)

(Amended Ch. 618, Stats. 1972. Effective March 7, 1973.)

And:

California Vehicle Code 17459

The acceptance by a resident of this state of a certificate of ownership or a certificate of registration of any motor vehicle or any renewal thereof, issued under the provisions of this code, shall constitute the consent by the person that service of summons may be made upon him within or without this state, whether or not he is then a resident of this state, in any action brought in the courts of this state upon a cause of action arising in this state out of the ownership or operation of the vehicle.

(Amended Ch. 622. Stats. 1971. Operative May 3, 1972.)

If you have a driver’s license then unambiguously accept it and any subsequent citations as the agent for the service of process

Under California Vehicle Code 17460 (see above) it is clear that an agency agreement has been created. For those that want to carry a California Drivers' License they can simply qualify their signature on the application for the drivers’ license and any subsequent citations to indicate they are accepted under the confines of this agency agreement and not allowing for joinder. For instance you could write “without prejudice” before your autograph or you could write “authorized representative” or “agent” after your signature:

California Commercial Code 3402

CA Com Code § 3402 (2017)

(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.

(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:

(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.

(2) Subject to subdivision (c), if (A) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (B) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.

(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.

(Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Pay particular attention to sections (b)(1) the qualification must be unambiguous. I used this technique 5 times to stop the Sheriff’s department from holding me, which is how my bail got to be $920,000 for “driving without a license”! I simply but clearly wrote “Authorized Representative” after my regular signature. People often ask can I just write “AR”. If you are afraid to write “authorized representative” clearly and unambiguously then don’t do these things, remain a slave and go back to sleep :)

No “Contract”, No Jurisdiction

O'Neil v. Dept. of Professional & Vocational Standards

[Civ. No. 10276. Second Appellate District, Division Two. June 5, 1935.]

From the first, petitioner objected to any proceedings upon the ground that there was no jurisdiction therefor and he offered no evidence, although he answered questions put to him by the "District Supervisor". One ground as to jurisdiction was that petitioner was not at the time of the proceeding a licensed contractor and it is not claimed that he was. His license had expired and he had not asked its renewal. Another ground is that the whole matter was the subject of a pending lawsuit in which the complainant was plaintiff and petitioner defendant. Petitioner alleges that such suit has been determined in his favor. This seems to be undenied.

The judgment of the superior court is reversed with direction that it adjudge and decree that the order made by the Registrar of Contractors be declared null and void for lack of jurisdiction.

7 Cal.App.2d.395

Cancellation of the drivers license

The easiest thing is to STOP CONSENTING! Yes we have difficulties cashing checks, getting into federal court or traveling on a commercial airline – but these issues will get better if there are more of us!

The reason we can’t get into federal court is because it’s not for us! The reason why we can’t fill out a complaint form for state court is again, it’s not for us. The reason why we have to lie on an application for a driver’s license, claiming to be a “California resident” that is “in this state” is because the Vehicle Code doesn’t apply.

I’m not advocating that this is for everyone – but if you think you are ready this is one way you can get out of this part of the matrix; and this is a major part of the matrix, this was YOU consenting to be the agent for the service of process for actions arising “in this state”:

Complete form DL-142.
Request ORDER OF CANCELLATION
Do not use any automobiles registered in your name
Know who you are, where you are, what you are operating, who you are talking to and where their jurisdiction lies!

Form DL142

Sample Order of Cancellation

Using a private identification document

An Identity Document (ID) is used to connect a person to information about the person, often in a database. The photo and the possession of the document is used to connect the person with the document. The connection between the identity document and information database is based on personal information present on the document, such as the bearer's full name, age, birth date, address, an identification number, card number, gender, citizenship and more. I have used many different types of private identity documents, how these will work after the Real ID Act comes into effect 2020 is unknown. Possession of mail may be used to identify the holder. Currently I use a private passport produced by the World Service Authority and an international driver’s permit that can be purchased below.