legal-terms commerce travel transportation interstate-travel
Right to travel(transportation code definitions)
<p>I believe we can all agree that there is no reasonable argument that anyone has the right to drive without a drivers license. The states have been granted in several court cases even up to the supreme court.   The state has the power to regulate interstate, and intrastate transportation, and commerce.</p>

<p>So when it comes to people saying that they have the right to travel, we can all agree that they have this right guaranteed in the constitution.  However, the problem comes along when they try and say that they have the right to operate, or drive a motor vehicle. </p>

<p>Initially, I thought that this was a ridiculous and frivolous argument, until someone asked me to define the following terms.</p>

<p>transportation
 motor vehicle
 vehicle
 drive
owner
operate</p>

<p>In standard English, we all know exactly what the law states, and what the courts have decided.<br>
However, when using the LEGAL definition of these words.  I do see an argument.<br>
That argument being that all of these words' legal definition refer to commerce, and that none of these words actually apply to the individual not engaged in commerce.</p>

<p>The question I'm trying to understand is if the common-law right to travel can be applied to a person driving a car, or rather I guess the statement would be made that the transportation code does not apply to individual citizens who are not actively engaging in commerce.   , but with the definitions coming from U.S. statutes, case law and blacks </p>

<p>TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES
CHAPTER 502. REGISTRATION OF VEHICLES</p>

<p>SUBCHAPTER A. GENERAL PROVISIONS</p>

<p>(2)    “<strong>Commercial Motor Vehicle</strong>”  means a <strong>motor vehicle</strong> other than a motorcycle, designed or used primarily to <strong>transport</strong> property.</p>

<p>(13)   “<strong>Motor Vehicle</strong>”  means a <strong>vehicle</strong> that is self propelled
(16)   “Owner”   means a person who:
    (A) holds the legal title of a vehicle
    (B) has the legal right of possession of a vehicle: or
    (C) has the legal right of control of a vehicle.
(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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 625, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 586, Sec. 2, eff. September 1, 2005. 
Common Carrier – Black’s Law Dictionary (6th ed. 1990 at 275).
A common carrier is “[a]ny carrier required by law to convey…freight without refusal <strong>if the approved fare or charge is paid…</strong>”(Commerce)
Common Carrier – Black’s Law Dictionary (8th ed. 2004 at 275).
A carrier that is “generally required by law to transport…passengers or freight, without refusal, <strong>if the approved fare or charge is paid</strong>(commerce).”</p>

<p>Contract Carrier – Black’s Law Dictionary, at 325
A contract carrier is a “transportation company that carries, <strong>for pay</strong>(commerce), the goods of certain customers only as contrasted to a common carrier that carries the goods of the public in general.”</p>

<p>Driver – Black’s 3rd
One <strong>employed</strong>(commerce) in conducting or <strong>operating</strong> a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle tricycle, or motor car, though not a street railroad car.
Driver – Black’s 4th
One <strong>employed</strong>(commerce) in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car.  A person <strong>actually doing driving</strong>(commerce), whether <strong>employed by owner to drive</strong>(commerce) or <strong>driving</strong>(commerce) his own vehicle.
Driver – Black’s 6th
A person actually doing driving, whether employed by owner to drive or driving his own vehicle.
<strong>Traffic</strong>(commerce) – Bouvier’s (1856)
    Commerce, trade, sale or exchange of merchandise , bills, money and the like.
Traffic – Black’s 3rd
Commerce; trade; sale or exchange of merchandise, bills, money, and the like.  The passing of goods or commodities from one person to another for an equivalent in goods or money.
Senior v. Ratterman, People v. Horan, People v. Dunford, Fine v. Morgan, Bruno v. U.S. (C.C.A.)
<strong>Transportation</strong> – Black’s 4th
    The removal of goods or persons from one place to another, by a <strong>carrier</strong>(commerce).
Transportation –Black’s 6th
    The movement of goods or persons from one place to another, by a carrier.</p>

<p>Transportation – 49 U.S.C. Sec. 5102(12)
“transports” or “transportation” means the movement of property and loading, unloading, or storage incidental to the movement.(We now see ANY of these words refer to <strong>TRANSPORTATION</strong> which has been defined as commerce)</p>

<p>The United States Supreme Court has ruled that:
Undoubtedly the RIGHT of locomotion, the RIGHT to remove from one place to another according to inclination, is an attribute of personal liberty, and the RIGHT, ordinarily, of free transit from or through the territory of any state is a RIGHT secured by the Fourteenth Amendment and by other provisions of the Constitution.
See:Williams v. Fears, 343 U.S. 270, 274
“Generally “public road” is road used by public as matter of right.”
See; Atchison Transportation &amp; Shipping F. RY. Co. v. Acosta, (Civ. App. 1968) 435 S.W.2d 539 ref. n.r.e.</p>

<p>Transportation is Commerce, which IS a REGULABLE activity.</p>

<p>Very few terms have a single "legal" definition or meaning that applies to all laws, and can be looked up as if in a dictionary. Rather, when a specific meaning is needed in connection with a particular law, that law will include a definition. But that definition will often not apply to the use of the same term in other laws or other contexts.</p>

<p>Here I suspect that the OP has found the definition section of a US Federal law regulating commercial transport in interstate commerce. Obviously in such a law, those terms would be defined in the context of commercial transport. That does <strong>not</strong> mean that the same meanings will be applied in other laws. Driver's licenses and other traffic and motor vehicle regulations are largely matters of state law in the US. Definitions from a federal law, or indeed any law but that state's Motor Vehicle Code (or whatever a given state calls such a body of law) will simply not be relevant. The argument sketched in the question simply does not follow.</p>

<p>First, the right to travel is not specifically enumerated in the Constitution. The right exists under the Privileges and Immunity Clause which states &quot;The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.&quot; Since Corfield v. Coryell, 6 Fed. Cas. 546 (1823) freedom of movement has been captured by this clause. In Paul v. Virginia, 75 U.S. 168 (1869) the Court defined 'freedom of movement' as &quot;right of free ingress into other States, and egress from them&quot; and has consistently held that this is a duty of the States, not the Federal government.</p>
<p>However, the court has never guaranteed a particular <em>mode</em> of travel and the ability of the states to charge licence and registration fees for motor vehicles has been specifically dealt with in <a href="https://supreme.justia.com/cases/federal/us/235/610/" rel="nofollow noreferrer">Hendrick v. Maryland, 235 U.S. 610 (1915)</a>:</p>
<blockquote>
<p>A reasonable graduated license fee on motor vehicles, when imposed on those engaged in interstate commerce, does not constitute a direct and material burden on such commerce and render the act imposing such fee void under the commerce clause of the federal Constitution.</p>
<p>A state may require registration of motor vehicles, and a reasonable license fee is not unconstitutional as denial of equal protection of the laws because graduated according to the horsepower of the engine. Such a classification is reasonable.</p>
<p>The reasonableness of the state's action is always subject to inquiry insofar as it affects interstate commerce, and in that regard it is likewise subordinate to the will of Congress.</p>
<p>A state which, at its own expense, furnishes special facilities for the use of those engaged in interstate and intrastate commerce may exact compensation therefor, and if the charges are reasonable and uniform, they constitute no burden on interstate commerce. The action of the state in such respect must be treated as correct unless the contrary is made to appear.</p>
<p>A state motor vehicle law imposing reasonable license fees on motors, including those of nonresidents, does not interfere with rights of citizens of the United States to pass through the state.</p>
</blockquote>
<p>Imposing conditions on operators of and on motor vehicles themselves (or any other type of transportation) does not offend the Constitution provided they are reasonable.</p>

<p>As explained by @DaleM the correct analysis is to look at how the relevant phrases and used in the context of the court cases creating the judicially created constitutional right to travel.</p>

<p>In practice, if there is some reasonably feasible means by which a person can travel to a state, then the right is not abridged. But, if a state created legal barriers to travel beyond those inherent in physical reality that deprived someone of all reasonably feasible means to travel to a state (e.g. a law banishing anyone who has ever been convicted of a felony from entering the state), that would probably be struck down as unconstitutional.</p>

<p>Like almost all rights, of course, the right to travel is not absolute. It doesn't, for example, prevail of the obligation to serve a prison sentence.</p>

<p>Under <a href="http://ypdcrime.com/vt/article1.htm" rel="nofollow noreferrer">New York State law</a>, as an example, the definitions of none of those terms implicates commerce or excludes noncommercial concerns:</p>

<h1>transportation</h1>

<p>Not defined by statute.  Dictionary:</p>

<blockquote>
  <p>means of conveyance or travel from one place to another.</p>
</blockquote>

<p>This has nothing to do with commerce.</p>

<h1>motor vehicle</h1>

<blockquote>
  <p>S 125. Motor  vehicles. Every vehicle operated or driven upon a public
    highway which is propelled by  any  power  other  than  muscular  power,
    except  (a)  electrically-driven mobility assistance devices operated or
    driven by a person with a disability, (a-1) electric personal  assistive
    mobility  devices  operated  outside  a  city  with  a population of one
    million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    snowmobiles  as  defined in article forty-seven of this chapter, and (d)
    all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
    chapter.  For the purposes of title four of this chapter, the term motor
    vehicle shall exclude fire and police vehicles  other  than  ambulances.
    For  the purposes of titles four and five of this chapter the term motor
    vehicles shall exclude farm type tractors and all terrain type  vehicles
    used  exclusively  for agricultural purposes, or for snow plowing, other
    than for hire, farm equipment, including  self-propelled  machines  used
    exclusively  in  growing,  harvesting  or  handling  farm  produce,  and
    self-propelled  caterpillar  or  crawler-type  equipment   while   being
    operated on the contract site.</p>
</blockquote>

<p>Certain commercial vehicles are <em>excluded</em> from this definition, and others are not, but noncommercial vehicles such as personal automobiles are certainly included.</p>

<h1>vehicle</h1>

<blockquote>
  <p>S 159. Vehicle. Every device in, upon, or by which any person or
    property is or may be  transported  or  drawn  upon  a  highway,  except
    devices  moved  by human power or used exclusively upon stationary rails
    or tracks.</p>
</blockquote>

<p>There is no mention of commerce.</p>

<h1>drive</h1>

<p>Not defined by statute, but "driver" is:</p>

<blockquote>
  <p>S 113. Driver.    Every  person who operates or drives or is in actual
    physical control of a  vehicle....</p>
</blockquote>

<p>This is plainly not limited to commercial contexts.</p>

<h1>operate</h1>

<p>Not defined by statute.  Dictionary (as a transitive verb):</p>

<blockquote>
  <p>to cause to function </p>
</blockquote>

<p>This has nothing to do with commerce.</p>

<h1>Conclusion</h1>

<p>You write "none of these words actually apply to the individual not engaged in commerce."  As counter examples, I offer the following:</p>

<ol>
<li>Alice's favorite form of <em>transportation</em> is her old <a href="https://en.wikipedia.org/wiki/Yugo" rel="nofollow noreferrer">Yugo</a>.</li>
<li>Bob's first <em>motor vehicle</em> was a gift from his mother.</li>
<li>Carol's favorite <em>vehicle</em> is her boat trailer, because she loves to go fishing.</li>
<li>Dave frequently <em>drives</em> around in the country to smell the freshly plowed fields.</li>
<li>Ellen just drank a beer, so she would rather not <em>operate</em> her car, and she is walking home.</li>
</ol>

<p>No commerce there, either. </p>
