LAW, PUBLIC POLICY AND THE ADMINISTRATIVE PROCESS

A BRIEF REVIEW IS PRESENTED OF SOME OF THE HISTORY OF GOVERNMENTAL REGULATION AS IT HAS EFFECTED THE CONDUCT OF INDIVIDUALS AND THE USE OF THEIR PROPERTY. THE DEVELOPMENT OF COMMON LAW CRIMES, CIVIL PENALTIES, AND STATUTORY CRIMES, MALUM PROHIBITUM, IS DESCRIBED. CONDUCT PROHIBITED BY STATUTE IS MADE CRIMINAL WITHOUT REGARD TO ANY INTENT TO COMMIT. MOST MOTOR VEHICLE VIOLATIONS, UNKNOWN TO THE COMMON LAW, FALL INTO THIS CATEGORY. A BROAD OUTLINE IS PRESENTED OF THE ROLE OF LAW, PUBLIC POLICY, AND THE ADMINISTRATIVE PROCESS IN THE REGULATION OF THE OWNERSHIP AND USE OF MOTOR VEHICLES. MOTOR VEHICLE ADMINISTRATION IS DIVIDED INTO THE FOLLOWING CATEGORIES: REGULATION, SERVICE, PRODUCTION, AND ENFORCEMENT. CONSIDERATION MUST BE GIVEN TO: (1) THE ADVISABILITY OF A POSSIBLE RECLASSIFICATION OF MOTOR VEHICLE OFFENSES (2) DELEGATORY STATUTES MUST BE MADE MORE EXPLICIT OR THERE MUST BE A JUDICIAL RELAXATION OF THE NONDELEGATION RULE, (3) ADMINISTRATIVE DEPARTMENTS SHOULD PARTICIPATE IN THE FORMULATION OF PUBLIC POLICY, AND (4) RESEARCH IS NEEDED ON A MASSIVE SCALE TO VALIDATE AND UPGRADE THE PRESENT PROGRAMS OF MOTOR VEHICLE REGULATION. PROFESSOR MCFARLAND DISCUSSES THE PROBLEM OF REGULATION. IN VIRGINIA THERE IS VIRTUALLY NO LIMIT ON DELEGATION. THE MATTER OF REGULATION WEIGHTS AND MEASURES IS DISCUSSED. AUTOMOBILE AND TRUCK REGULATIONS WITH RESPECT TO SPEEDS, AND LICENSE PLATES IN VIRGINIA ARE DESCRIBED. MR. PLATT DISCUSSES HIGHWAY LAW AS IT EFFECTS PEOPLE. SPECIFIC EXAMPLES ARE PRESENTED OF TRAFFIC LAW VIOLATIONS. HE FEELS THAT THE PROBLEMS OF SAFE DRIVING, SAFETY REGULATIONS, WHICH ARE REQUIRED FROM THE STANDPOINT OF KEEPING TRAFFIC MOVING EFFICIENTLY AND SAFELY SHOULD BE SEPARATED FROM MOST MATTERS WHICH CALL FOR REGULATORY ACTION. MR. WISE DISCUSSES THE FOLLOWING POINTS: (1) THE NATURE OF THE LICENSE TO DRIVE, (2) THE DELEGATION OF AUTHORITY TO THE MOTOR VEHICLE COMMISSIONER REGARDING DRIVER LICENSING, (3) VAGUENESS OF STATUTES, AND (4) THE NATURE OF TRAFFIC VIOLATIONS. MR ROCKWELL STATES THAT HE THINKS THAT THE GENERAL PUBLIC FAILS TO APPRECIATE THE IMPORTANCE OF ACTIVITIES IN CARRYING OUT THE MANDATES OF THE STATUTORY LAW. HE RECOMMENDS THAT MOTOR VEHICLE ADMINISTRATORS SHOULD IMPROVE REGISTRATION AND TITLING PRACTICES.

Media Info

  • Media Type: Print
  • Features: Photos; References;
  • Pagination: pp 10-34
  • Monograph Title: A COLLOQUY ON MOTOR VEHICLE AND TRAFFIC LAW
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238802
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jul 21 1970 12:00AM