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09-Mar-2020 14:39

There actually isn't a whole lot at the federal level because appeals beyond State courts are often denied as it has long been accepted by the federal government that traffic regulation is a proper exercise of State police power.Federal courts uphold the ability of States to regulate road traffic provided it is done so with equality, reasonableness and for public safety and doesn't violate any federal laws or rights.In the public interest the State may make and enforce regulations reasonably calculated to promote care on the part of all, residents and non-residents alike, who use its highways.The use of the public highways by motor vehicles, with its consequent dangers, renders the reasonableness and necessity of regulation apparent.

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Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process.

I'm afraid the State and its courts dictate how things are viewed under its law.

You don't get to decide what's considered driving or a motor vehicle, they do.

Automobile regulation began in the early 1900's.

Here is an excellent paper that thoroughly explores the transitional period when decisions could go either way: The Orphaned Right: The Right to Travel by Automobile, 1890-1950.There we have three solid federal Supreme Court decisions that set nationwide precedent that cannot be ignored.



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