Will the NH House Pass HB1778 to Restore the Peoples' Right to Travel? — Or Is It All About the Money?
by Jim McKinley, February 9, 2018

There is a bill that is wending its way through the New Hampshire House that would restore the rights of people to travel on the public ways for their own private business without being required to obtain a driver license or register their vehicles. The entire text of the bill is here.

The Public Hearing

On January 10, 2018, the House Transportation Committee held a public hearing on the bill. Representative Dick Marple introduced the bill and gave the historical and legal background as to why this bill should pass. There are dozens of court cases confirming the peoples' right to travel for non-commercial purposes and, as stated in the text of HB 1778, "... the courts have found that corporate public servants who ignore their accountability as mandated in Article 8, N.H. Bill of Rights have by their silence and failure to fully inform the sovereign people of the consequences arising from the corporate 'offer to contract,' is deemed silent deception and inducement by fraud."

Co-sponsor Ed Comeau spoke briefly and stated "the state is not following [the] law."

Director of Motor Vehicles, Elizabeth Bielecki, spoke against the bill citing loss of revenue, safety considerations and the difficulty of identifying commercial from private vehicles/travelers.

Let's look at her arguments. She claims that by not requiring driver licenses the state would not know if a driver is competent. Other than when first applying for a driver license, the only test when renewing a driver license is a vision test, and since a New Hampshire driver can go up to ten years without having to take a vision test, this requirement is not likely very effective. She seems to think that regulations insure safety in the same way that gun control prevents crime, something that has been proven false by the statistics. But professional bureaucrats love the tired old canard of "we need more regulation to keep people safe.'

The claim of difficulty in identifying commercial from private vehicles/travelers lacks credibility for the following reasons:

  • Commercial vehicles are currently defined in the New Hampshire Statutes at CHAPTER 259 WORDS AND PHRASES DEFINED, Section 259:12-e Commercial Motor Vehicle

  • Section II of HB1778 specifies that:

    The department of safety shall provide, at no cost, every noncommercial automobile owner or owner of an other noncommercial conveyance with an appropriate decal imprinted with the words "RSA 382-A:9-109 Exempt." The division of motor vehicles shall also issue all noncommercial traveler a photo identification card at no cost with the words "RSA 382-A:9-109 Exempt" printed on such identification card. This identification card is not a contract or a license or instrument that would require compelled performance by the holder and shall provide every law enforcement agency with notice of the holder's exemption from the statutes that are required for the commercial use of the public way for profit or gain.

  • According to the Federal Motor Carrier Safety Administration commercial motor vehicles are required to be marked and this is further reflected in the New Hampshire State Police Commercial Vehicle Enforcement regulation.

Hence it appears the real reason for opposing the bill is the "loss of revenue." It would seem Director Bielecki has a definite conflict of interest with this bill.

One telling event happened when one of the Transportation Committee members asked Director Bielecki "what does the right to travel mean.. from a Constitutional standpoint?" After stuttering briefly trying to come up with an answer, someone (the Committee chair?) stated "she is not a Constitutional lawyer" and "her job description does not require her to be a legal scholar." Readers are left to come up with their own interpretation of the meaning of that exchange.

Several civilians also spoke in favor of the bill.

One of the handouts given to each committee member is here.

Following is a video of the three speakers heretofore mentioned. The private speakers are not included.

Times:
00:00Chair opens hearing
00:09Sponsor Dick Marple introduces the bill
03:32Co-sponsor Ed Comeau speaks in favor of the bill
04:24DMV Director Bielecki speaks against the bill
08:18DMV Director Bielecki is asked "what does the right to travel mean...from a Constitutional standpoint?"

New Hampshire HB1778 Transportation Committee Hearing Excerpts
[Click twice to watch video]

The Transportation Committee Report

Following is the Transportation Committee's report which is a recommendation to the full House on what to do with the bill. Note that "Inexpedient to Legislate" means vote the bill down.

HB 1778-FN-A-LOCAL, relative to registration of commercial motor vehicles and operator’s/drivers’ licenses.
MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Craig Moore for the Majority of Transportation. This bill removes license and registration requirements for non-commercial vehicles. It fails to include an alternate funding mechanism for the lost highway fund revenue. It also fails to include a method of determining when a vehicle is being used commercially. These are fatal defects that make it impossible to implement. Vote 13-1.
Rep. Glen Dickey for the Minority of Transportation. The constitutionality of the right to travel has been repeatedly upheld by the courts. In the past this was understood to be the right to travel public roads and byways without hindrance by government agents. In the modern age the people have been deprived of this right through the institutions of the state. This bill seeks to remedy this loss of rights by the citizenry. (Underlines added, Source)

It is quite clear that DMV Commissioner Bielecki's anti-bill stance carried the day with the Transportation Committee and that court decisions and the will of the people be damned.

The reason is that the "State of New Hampshire" is a private/public Corporation with a main objective to make money. Legislators and bureaucrats are merely corporate lackeys doing what their overlords command.. Statutes are not law – they are nothing more than corporate policies that do not lawfully apply to private civilians. But the corporation enforces those policies with presumptive (by the corporation) contracts and policy men we call "policemen."

It's all done primarily with word magic called "legalese" and once the language is understood, the crimes become obvious.

CLEARLY IT'S ALL ABOUT MONEY!

Now the bill has two hurdles to jump if it is to make it through the House. First, the Speaker must allow it to the floor for debate. Second, the House must pass the bill, preferably with no neutering amendments. (There is a history of bills that favor the people never making it out of the House, or even getting to the House floor.) This is scheduled to occur the week of February 12.

A Word to the People of New Hampshire

Representatives like Dick Marple, Ed Comeau and Glen Dickey are doing their best for the people but are greatly outnumbered in the swamp called Concord. Get up off the couch and support them. President Trump's Drain the Swamp commitment does not extend beyond the District of Criminals.

You can start with HB 1778 by contacting your Representative(s) and informing them that you want HB 1778 to be brought to the House floor and passed.

THIS IS SCHEDULED TO HAPPEN THE WEEK OF FEBRUARY 12.

Go to the House web site "Who's My Legislator?" web page. Two clicks will give the name and contact information. Use email to have a "paper" trail.

Courts have ruled that only belligerents have rights. So if you want to stop the usurpation of your freedoms and start reclaiming those already lost, get up off the couch and join the Second American Revolution.

Sources:

HOUSE BILL 1778-FN-A-LOCAL AN ACT relative to registration of commercial motor vehicles and operator's/drivers' licenses
http://www.gencourt.state.nh.us/bill_Status/billText.aspx?sy=2018&id=1157&txtFormat=pdf&v=current

New Hampshire DMV Driver Licensing –Renew a Driver License
https://www.nh.gov/safety/divisions/dmv/driver-licensing/apply/renew.htm

CHAPTER 259 WORDS AND PHRASES DEFINED, Section 259:12-e Commercial Motor Vehicle
http://www.gencourt.state.nh.us/rsa/html/xxi/259/259-12-e.htm

Federal Motor Carrier Safety Administration Regulation Section § 390.21: Marking of self-propelled CMVs and intermodal equipment
https://www.fmcsa.dot.gov/regulations/title49/section/390.21

New Hampshire Department of Safey, Division of State Police, Commercial Vehicle Enforcement Motor Carrier Enforcement Section
https://www.nh.gov/safety/divisions/nhsp/fob/troopg/motorcarrier/faqmc.html#commercial2

Calendar and Journal of the 2018 Session, Vol. 40 No. 6
http://www.gencourt.state.nh.us/house/caljourns/calendars/2018/HC_6.pdf

New Hampshire HB1778 Right to Travel 10 January 2018
./../pdf/nh-house-hb1778-handout.pdf

State of New Hampshire Who's My Legislator?
http://www.gencourt.state.nh.us/house/members/wml.aspx

Only Belligerents Have Rights
http://freedom-school.com/belligerent-claimant/


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