Time: Thu Jul 03 20:03:10 1997
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Date: Thu, 03 Jul 1997 19:57:44 -0700
To: brendamc@theone.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: Vehicle???
Dear Brenda,
I have taken the liberty of forwarding
this message to all clients of the
Supreme Law School.
Thanks for your keen insights!
/s/ Paul Mitchell
http://www.supremelaw.com
>Date: Thu, 03 Jul 1997 00:12:16 -0700
>From: brendamc@theone.net (brendamc)
>To: pmitch@primenet.com
>Subject: Vehicle???
>
>Dear Paul,
>
>Please find following verbatim several letters I wrote to the Texas DOT,
along with the
>replies that I received. I just thought this might interest you.
>
>Thanks,
>Brenda
>
>************************************************************************
>Brenda McCurdy
>c/o P. O. Box 372
>Crystal City, Texas
>
>May 23, 1997
>
>Texas Department of Transportation Certified Mail # P
302 098 797
>Vehicle Titles and Registration
>Austin, TX 78779-0001
>
>Attention: Harold Wiesenhutter
>
>Dear Mr. Wiesenhutter,
>
>I applied for a certificate of title for an automobile that I own, back in
1996. I have
>since
>been advised that a certificate of title is only required for vehicles
which are
>required to be
>registered in the state.
>
>In good faith, I have conducted my own research of the Texas
Transportation Code to
>ascertain the validity of that advice. Following are some sections of the
Texas
>Transportation Code, to which I referred:
>
>TRC Section 501.022. CERTIFICATE OF TITLE REQUIRED. (a) The
>owner of a motor vehicle registered in this state may not operate or permit
>the operation of the vehicle on a public highway until the owner obtains a
>certificate of title for the vehicle.
>(b) A person may not operate a motor vehicle registered in this state on a
>public highway if the person knows or has reason to believe that the owner
>has not obtained a certificate of title for the vehicle.
>(c) The owner of a motor vehicle that is required to be registered in this
>state must apply for a certificate of title of the vehicle before selling or
>disposing of the vehicle.
>(d) Subsection (c) does not apply to a motor vehicle operated on a public
>highway in this state with a metal dealer's license plate or a dealer's or
>buyer's temporary cardboard tag attached to the vehicle as provided by
>Chapter 503.
>
>The foregoing section clearly shows that only a vehicle which is required
to be
>registered
>with the state must apply for a certificate of title.
>
>The following sections and definitions indicate the requirements for
registration:
>
>TRC Section 502.002. REGISTRATION REQUIRED; GENERAL RULE.
>(a) The owner of a motor vehicle, trailer, or semitrailer shall apply for the
>registration of the vehicle for:
>(1) each registration year in which the vehicle is used or to be used on a
>public highway; and (2) if the vehicle is unregistered for a registration
>year that has begun and that applies to the vehicle and if the vehicle is
>used or to be used on a public highway, the remaining portion of that
>registration year.
>(b) The application must be made to the department through the county
>assessor-collector of the county in which the owner resides.
>(c) A provision of this chapter that conflicts with this section prevails
over
>this section to the extent of the conflict.
>
>In order to understand the meaning of the word vehicle I referred to:
>
>TRC Section 502.001. DEFINITIONS. (24) "Vehicle" means a device in
>or by which a person or property is or may be transported or drawn on a
>public highway, other than a device used exclusively on stationary rails or
>tracks.
>
>The following terms were not defined in the definitions at Section
502.001, so I took
>definitions from Black's Law Dictionary, Sixth Edition:
>
> Transportation. The movement of goods or persons from one place to
another, by a
>carrier.
> Carrier. Individual or organization engaged in transporting passengers
or goods for
>hire.
>
>So, according to the definition of vehicle in the TRC and the legal
definition for
>transportation, it appears that my privately owned automobile, which is
not for hire,
>would not be classified as a vehicle within the meaning of Chapter 502 of
the TRC, and
>therefore is not required to be registered in this state. And if it is
not required to
>be
>registered in this state, then according to TRC Section 501.022, it is not
required to
>have a
>certificate of title.
>
>If I have missed something in my research of this matter, would you
please bring it to
>my
>attention by replying to this letter within 30 days? If I do not receive
a written
>reply to
>this letter which I have sent in good faith within 30 days, I will accept
the lack of
>reply as
>official agreement that my private automobile, which is not for hire, does
not require
>registration or certificate of title. Thank you for your assistance in
this matter.
>
>Sincerely,
>Brenda McCurdy
>
>***********************************************************************
>Texas Department of Transportation
>VEHICLE TITLES AND REGISTRATION DIVISION * AUSTIN, TEXAS 78779-0001 *
(512) 465-7611
>
>May 30, 1997
>
>Ms. Brenda McCurdy
>P. O. Box 372
>Crystal City, Texas 78839
>
>Dear Ms. McCurdy:
>
>This is in response to your letter dated May 23, 1997 in which you
informed us that you
>had been advised that a certificate of title is only required for vehicles
which are
>required to be registered in the state.
>
>Under Definitions in the Texas Transportation Code, as amended through the
1995 Regular
>Session of the 74th Legislature, Section 502.001(13) "Motor vehicle" means
a vehicle
>that is self propelled. Section 502.001(17) "Passenger car" means a motor
vehicle,
>other than a motor cycle, golf cart, light truck, or bus, designed or used
primarily for
>the transportation of persons. It is stated in Section 502.001(24)
"Vehicle" means a
>device in or by which a person or property is or may be transported or
drawn on a public
>highway, other than a device used exclusively on stationary rails or
tracks. Further,
>it is stated in Section 502.152(a) The department may not register or
renew the
>registration of a motor vehicle for which a certificate of title is
required under
>Chapter 501 unless the owner: (1) obtains a certificate of title for the
vehicle; or (2)
>presents satisfactory evidence that a certificate of title was previously
issued to the
>owner by the department.
>
>Ms. McCurdy, as you did not include the vehicle identification number
(VIN) for your
>privately owned automobile, we are unable to ascertain the correct
classification for
>your vehicle. As you have stated in your letter that it is a "privately
owned
>automobile, which is not for hire," we would assume that the
classification of your
>vehicle would be a passenger car, which is subject to the registration and
titling rules
>of the State of Texas.
>
>Ms. McCurdy, we are committed to our customers and making the necessary
adjustment to
>our procedures whenever possible. We hope this letter gives you a better
understanding
>of our administration of motor vehicle laws. If you wish to pursue your
dissatisfaction
>with existing law, we suggest that you seek recourse through the Texas
legislative
>process by addressing your concerns to your legislative representatives.
>
>Please be assured we place the highest emphasis on quality customer
service and that we
>value the concerns of the citizens of this State. We greatly appreciate
your input and
>if we may be of further assistance, please do not hesitate to call me at
512/465-7596,
>or Mr. David Linzey, Director of Headquarter Operations at 512/465-7719.
>
>Sincerely,
>James E. Powell
>Operations
>Branch Manager
>************************************************************************
>June 11, 1997
>
>Texas Department of Transportation Certified Mail # P
302 098 800
>Vehicle Titles and Registration
>Austin, TX 78779-0001
>
>Attention: James E. Powell, Operations, Branch Manager
>
>Dear Mr. Powell,
>
>Thank you for your prompt reply to my previous letter. However, it seems
that my query
>was misunderstood. I will rephrase my question and try to make it
clearer. It seems
>that
>we both agree that "vehicles" are required to be registered in the State
of Texas. My
>question is whether my privately owned automobile, which is not for hire,
is a "vehicle"
>or
>a "passenger car" within the meaning of TRC Section 502.001 (24) and TRC
Section
>502.001 (17).
>
>TRC Section 502.001. DEFINITIONS. (24) "Vehicle" means a device in
>or by which a person or property is or may be transported or drawn on a
>public highway, other than a device used exclusively on stationary rails or
>tracks.
>TRC Section 502.001 DEFINITIONS. (17) "Passenger car" means a
>motor vehicle, other than a motorcycle, golf cart, light truck, or bus,
>designed or used primarily for the transportation of persons.
>
>According to Black's Law Dictionary, Sixth Edition, Transportation is "the
movement of
>goods or persons from one place to another, by a carrier". Black's
defines Carrier as
>an
>"Individual or organization engaged in transporting passengers or goods
for hire."
>
>You stated in your letter that you assumed that my "privately owned
automobile, which is
>not for hire" would be classified as a "passenger car", however, since it
is not used in
>transportation, I fail to see how it could fit the definition of
"passenger car" in TRC
>Section 502.001 (17), since the TRC definition clearly states "for the
transportation of
>persons".
>
>So, according to the definitions of "vehicle" and "passenger car" in the
TRC and the
>legal
>definition for transportation, it appears that my privately owned
automobile, which is
>not
>for hire, and thus not used for transportation, could not be classified as
a vehicle or
>passenger car within the meaning of Chapter 502 of the TRC, and therefore
is not
>required to be registered in this state.
>
>If there is some other statute requiring automobiles which are not used in
>transportation
>to be registered within the state, would you please bring it to my
attention by replying
>to
>this letter within 30 days? If I do not receive a written reply to this
letter which I
>have
>sent in good faith within 30 days, I will accept the lack of reply as
official agreement
>that
>my private automobile, which is not for hire, does not require
registration in the State
>of
>Texas.
>
>I have not voiced any dissatisfaction with existing laws in this or my
previous letter
>to the
>DOT, and I am not seeking to change existing laws, but only to clarify
whether the
>existing laws apply to my privately owned automobile, which is not for hire.
>
>Thank you for your assistance in this matter.
>
>Sincerely,
>Brenda McCurdy
>
>**********************************************************************
>Texas Department of Transportation
>VEHICLE TITLES AND REGISTRATION DIVISION * AUSTIN, TEXAS 78779-0001 *
(512) 465-7611
>
>June 16, 1996 [should be 1997]
>
>Ms. Brenda McCurdy
>P. O. Box 372
>Crystal City, Texas 78839
>
>Dear Ms. McCurdy:
>
>This is in response to your recent letter in which you pose questions
relative to
>registration and title requirements for an automobile owned by a private
citizen for his
>own personal use. At your request, this department had previously mailed
to you
>pertinent statutes which address this matter.
>
>Ms. McCurdy, the Texas Department of Transportation is responsible for
administering the
>registration and title statutues for the State of Texas. As far as we can
see, the law
>is clear on this matter. Annual vehicle registration renewal on every
motor vehicle
>operating in this state is required by statute. Failure to do so could
result in a
>citation being issued to you by a law enforcement officer. If you take
issue with our
>position on the registration and title statutes, it is suggested that you
seek legal
>counsel or seek legislative relief.
>
>If we may be of further assistance, please contact the Operations Branch
of this
>division at 512/465-7602.
>
>Sincerely,
>James E. Powell
>Branch Manager
>Operations Branch
>
>************************************************************************
>July 3, 1997
>
>Texas Department of Transportation Certified Mail #
P 302 098 803
>Vehicle Titles and Registration
>Austin, TX 78779-0001
>
>Attention: James E. Powell, Operations, Branch Manager
>
>Dear Mr. Powell,
>
>Thank you for your prompt reply to my second letter. For your easy
reference, I am
>attaching herewith copies of both my letters along with your replies.
>
>Please note that this letter is not to be construed as any type of civil
disobedience or
>rebellion, but merely a means of trying to ascertain the truth in this
matter of
>registration
>requirements.
>
>My second letter was quite clear and to the point. All you needed to do
to clear up any
>question in my mind is to state unequivocally that even automobiles which
are not used
>in
>transportation are required to be registered in the State of Texas.
However, rather
>than
>make that simple statement, you chose to beat around the bush, inferring
that you had
>already answered my question when you clearly had not.
>
>Unless I receive a reply from you within 30 days stating clearly that even
automobiles
>which are not used in transportation are required to be registered in the
State of
>Texas, I
>will accept that as your clear admission that private automobiles which
are not for hire
>do
>not require registration. I do realize that it might not be politically
expedient for
>you to
>admit that in writing, due to the fact that if the truth were widely
known, the State
>would
>probably have a sharp decline in collection of registration fees.
>
>Thank you for your assistance in this matter.
>
>Sincerely,
>Brenda McCurdy
>
>*********************************************************************
>
>
>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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