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Application v. License

Discussion in 'Drivers License, Vehicle Registration' started by medman, Oct 16, 2018.

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  1. medman

    medman Law Topic Starter New Member

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    Is the LICENSE APPLICATION a contract or not? Separate from the actual license which conveys a so called privilege ?

    Again separate the 2 things as they are as different as apples and oranges in a bowl. First the drivers license APPLICATION and then the issuance of the actual PHOTO ID LICENSE.

    It is clear that after my research our state governments have perverted our ability to travel into a privilege when WE are the OPERATOR of a Motor Vehicle, key word is operated by us and we are not simply a passenger.

    My question involves the UCC and the contractual obligation created by the drivers license APPLICATION itself and not the actual license you purchase.

    Elements of a contract: 1) offer, the offer is presented by the DMV as the license application! 2) acceptance, when we fill out the document & answer the questions, check the boxes, take the written tests, pass the behind the wheel driving skills demonstrations & provide all the documentation needed to satisfy the competency level expected to operate a motor vehicle safely and competently. Having meet all of those requirements we are then allowed to apply for and ACCEPT a drivers license. 3) consideration: we then pay the FEE to consummate the deal. 4) doesn't that create a CONTRACT w/ the state whereby we agree to adhere to their terms of the agreement/contract?
     
  2. zddoodah

    zddoodah Well-Known Member

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    An application for what? A driver's license? No, it's not a contract.

    This isn't a complete sentence, so I'm not sure what you're asking.

    Huh?

    First of all, the UCC has nothing to do with driver's licenses. Second, on whom do you believe a driver's license application creates a contractual obligation, and what obligation do you believe it creates?

    No. You didn't identify a state, but I'm not sure a driver ever expressly agrees to do anything (follow the rules of the road?) by completing and signing a driver's license application. However, you obviously have to follow the rules of the road in the same way you have to follow other generally applicable laws.
     
  3. flyingron

    flyingron Active Member

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    More sovereign citizen nonsense. As Zippy says, the application isn't a contract. It's missing just about all the elements necessary for it to be one.

    Further, the UCC doesn't apply to all contracts and in others it's not primary. The premimce of the "commericial" code is transactions of sales of goods. That's only a small aspect of all contracts. Contracts for real estate, employment contracts, and most conracts for services are NOT covered by it. In addition, it's not the primary governing law even for goods contracts with the Federal and many state governments.
     
  4. army judge

    army judge Super Moderator

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    Sorry mate, this thread is closed.

    Please feel free to post questions that don't involve sovereign citizen nonsense.

    The UCC has little, if ANYTHING, to do with the US constitution.

    The Uniform Commercial Code, or UCC, is a very large collection of legal rules regarding many important business, or “commercial,” activities. The UCC originally was created by two national nongovernmental legal organizations: the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI). As the word “Uniform” in its title suggests, a primary purpose of the UCC is to make business activities more predictable and efficient by making business laws highly consistent across all American states. In the words of the UCC itself, the Code is intended “to simplify, clarify and modernize” commercial law, “to permit the continued expansion of commercial practices . . . ,” and “to make uniform the law among the various jurisdictions.”

    More reading about the UCC can be found below:

    What is the UCC?
     

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