THE LEGAL NATURE OF A DRIVERS LICENSE

THIS STUDY REPRESENTS AN ATTEMPT TO DEVELOP A THEORY OF DRIVER LICENSING WHICH IS LEGALLY SOUND, BUT EVEN MORE IMPORTANT, ONE WHICH IS WORKABLE AND WHICH COULD BE HELPFUL TO MOTOR VEHICLE ADMINISTRATORS AND COURTS BY EASING THE SENSE OF FRUSTRATION THEY MUST SOMETIMES FEEL WHEN CALLED ON TO ADMINISTER STATUTES AND DECIDE CASES. IN THE AREA OF DRIVER LICENSING THE DECISION-MAKER HAS BEEN TOLD TO BEGIN WITH THE PROPOSITION THAT DRIVING IS A PRIVILEGE AND NOT A RIGHT AND THAT IT MUST BE THAT WAY OR DRIVER CONTROL WILL BE IMPOSSIBLE. RESEARCH LEADS THE AUTHOR TO BELIEVE THERE ARE DEFINITE PRACTICAL ADVANTAGES IN THE TREND TOWARD VIEWING DRIVING AS A RIGHT OR LIBERTY PROTECTED BY DUE PROCESS OF LAW. HE BELIEVES THE CASES SO HOLDING REFLECT A GROWING RECOGNITION THAT THE INDIVIDUALS NEED TO OPERATE A MOTOR VEHICLE IS IMPORTANT IN OUR SOCIETY, AND THAT THIS IMPORTANCE SHOULD BE GIVEN MORE CONSIDERATION BY ADMINISTRATORS AND JUDGES WHEN CONFRONTED WITH THE NECESSITY OF MAKING THE THANKLESS LICENSING DECISION. BY RECOGNIZING MOTOR VEHICLE OPERATION AS A RIGHT OR A LIBERTY THE ADMINISTRATOR AND THE JUDGE ARE NOT RENDERED POWERLESS TO ACT IN THE PUBLIC INTEREST BY REMOVING INCOMPETENT DRIVERS FROM THE HIGHWAYS. NOR DOES IT FOLLOW THAT CURRENT FINANCIAL RESPONSIBILITY LAWS, IMPLIED CONSENT LAWS AND ACCIDENT REPORT LAWS ARE NECESSARILY INVALIDATED BY THIS APPROACH. /AUTHOR/

  • Supplemental Notes:
    • Thesis, 52 PP
  • Corporate Authors:

    Automotive Safety Foundation

    1776 Massachusetts Avenue, NW
    Washington, DC  USA  20036
  • Authors:
    • Reese, J H
  • Publication Date: 1965-11

Subject/Index Terms

Filing Info

  • Accession Number: 00238404
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 24 1994 12:00AM