Home | Contact Us | FAQ | Search & Site Map | Link to Us
Sign In | Join | Other 45 Sites in Network
HomeAnnouncements
Discussion Groups
By Brand
BMWChevroletDodgeFordGMHondaLexusMercedes-BenzNissanPeugeotToyotaVolkswagenOther Brands
By Topic
4x4 CarsRVsDrivingMaintenance & RepairCar AudioCollectible Cars
Country Specific
Australian ForumsUK Forums
ArticlesAuto InsuranceBuyingCars & TechnologyMaintenanceMiscellaneousSafety
DMV Resources
Related Topics
MotorcyclesBoatsMore Topics ...

Car Forum / Driving, Maintenance, Tuning / 4x4 Cars / October 2004

Tip: Looking for answers? Try searching our database.

URGENT - National ID Legislation in US Congress

Thread view: 
Enable EMail Alerts  Start New Thread
Thread rating: 
itworker69@netscape.net - 29 Sep 2004 23:27 GMT
There are a couple of bills in the US House of Representatives
sponsored by Dennis Hastert and Candice Miller. The bills respectively
are HR10 "9/11 Recommendations Implementation Act" and HR5148
"Identity Management Security Act" which will use your driver's
license as a backdoor method to a National ID Card.

The bills would bar the Federal Gov't (agencies) from recognizing your
driver's license unless the states implement national ID provisions.
One of the provisions is it would require states to join the "Driver
License Agreement" (DLA) which would require states to punish their
licensed drivers for violations committed in other US
States/Territories, Provinces of Canada and States of Mexico. The DLA
will supercede the "Driver's License Compact" (DLC) and "Non-Resident
Violator's Compact" (NRVC) which some states are a member of and other
are not. The DLA has been worked on and presented by the American
Association of Motor Vehicle Administrators (AAMVA) to the US
Congress. The AAMVA is getting the Federal Gov't to force states to
join the DLA. The DLA will not allow states to write in exemptions to
protect their residents from punishement as with being allowed in the
DLC. Some states choose not to assign points for out of state minor
violations (Such as Colorado, Maryland, NY, KY - speeding only).

Other parts is the requirement for states post ALL VIOLATIONS even to
parking tickets on driver's histories. Some states have laws where if
an offense does not incur points, the offense is not recorded like
Colorado. An additional item, the DLA is much more draconian than the
DLC. The DLA requires some form of punishment for an offense even if
the act would be legal in a driver's home state. An example is Indiana
does not have a Careless Driving law where as Michigan does. Under the
DLC, Indiana would not take action such as points for the careless
driving ticket but under the DLA, Indiana is required to take action
such as using the nearest similar law which could mean the Indiana
driver would have reckless driving recorded against his license.

The AAMVA has supported draconian concepts such as National ID for
many years. We originally had National ID provisions in Federal Law
back in the 1990's but however, they were repealed due to objections
of many people before they took full effect. Now it is back again.

According to the AAMVA web site, it mentions the DLA would be a
voluntary agreement but yet, they lie out of their mouth and use the
Federal Gov't to force states to join this with the threat that
residents of a given state that refuse to toe the line will have their
license rejected at the airport or in other dealings with Federal
Agencies.

Driver's Licensing is a state matter, not a place for the Federal
Gov't to poke their nose in. Most states passed laws anyway to tighten
licensing standards.

Members of Congress should be contacted to oppose this National ID.
Contact info is at http://www.visi.com/juan/congress/ .
Arthur L. Rubin - 30 Sep 2004 07:06 GMT
> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.

Assuming this is accurate -- which it probably isn't ---

> The bills would bar the Federal Gov't (agencies) from recognizing your
> driver's license unless the states implement national ID provisions.

So?  What Federal agencies "recognize" a driver's license?  The
only one I can think of is the TSA -- and even that recognizes
non-driver IDs, which cannot, by their nature be subject to
the "DLA" and "DLC" (below).  Hence, a state could get around
almost all the provisions by issuing state IDs IN ADDITION TO
drivers' licenses -- a practice I've recommended for years.
The police have no need to know if you can drive, and what
provisions are on your drivers' license, unless you have
been driving or are intending to drive.  If you're walking,
and need to show ID, you should be able to show a
non-driving-related state-issued ID.

(As a further aside, in regard the TSA -- there still doesn't
seem to be any law or published regulation which requires a
state-issued ID in order to board an airplane.  Perhaps these
bills would fill that gap.  This might be a good thing.)

I think the only Federal agency which requires a drivers license,
as opposed to a "government-issued ID", is the DOT in regulating
interstate trucking.

> One of the provisions is it would require states to join the "Driver
> License Agreement" (DLA) which would require states to punish their
> licensed drivers for violations committed in other US
> States/Territories, Provinces of Canada and States of Mexico.

...

> Other parts is the requirement for states post ALL VIOLATIONS even to
> parking tickets on driver's histories,

Most parking tickets, by their nature, cannot post to the
driver's history, because the State cannot prove who the
driver IS.  I do believe the poster is lying.

> Some states have laws where if
> an offense does not incur points, the offense is not recorded like
> Colorado. An additional item, the DLA is much more draconian than the
> DLC. The DLA requires some form of punishment for an offense even if
> the act would be legal in a driver's home state.

That makes SOME sense -- however, if some states have no-points
offenses (see the example of parking tickets, above), then it
would be very difficult for any compact to require that an offense
in state A (even if it were to incurr points for a state A driver)
to be required to issue points in state B for a state B driver.
Or for that matter, if an offense is a no-points offense in state
C (radar-detected speeding), then would it accrue points in state
D, which has no such provision?

Signature

This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.

Richard Evans - 30 Sep 2004 23:22 GMT
>> There are a couple of bills in the US House of Representatives
>> sponsored by Dennis Hastert and Candice Miller. The bills respectively
[quoted text clipped - 3 lines]
>
>Assuming this is accurate -- which it probably isn't ---

From http://thomas.loc.gov/cgi-bin/query/z?c102:H.R.+5148:

<quote>

There are 2 versions of Bill Number H.R.5148 for the 102nd Congress

1 . To clear certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United States.
(Introduced in House)[H.R.5148.IH]

2 . To clear certain impediments to the licensing of a vessel for
employment in the coastwise trade and fisheries of the United States.
(Reported in House)[H.R.5148.RH]

</quote>

Doesn't sound much like  "Identity Management Security Act"

And it's dated May 12, 1992.

Dick Evans
Big Bill - 01 Oct 2004 03:17 GMT
>>> There are a couple of bills in the US House of Representatives
>>> sponsored by Dennis Hastert and Candice Miller. The bills respectively
[quoted text clipped - 25 lines]
>
>Dick Evans

There's a numbering sequence for each session.
Here's HR 5148 for the current session of Congress:
http://thomas.loc.gov/cgi-bin/bdquery/D?d108:6:./temp/~bd5Jfw::
"Title: To provide improved security for driver licenses and State
identity documents. "

Bill Funk
Change "g" to "a"
PWB - 30 Sep 2004 14:21 GMT
> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.
<snippity snip>

Honestly, the only people who have anything to lose by the federalization of
motor-vehicle violations are chronic offenders.  The rest of us who DON'T
violate those laws don't really care.

PWB
Brent P - 30 Sep 2004 15:38 GMT
> Honestly, the only people who have anything to lose by the federalization of
> motor-vehicle violations are chronic offenders.  The rest of us who DON'T
> violate those laws don't really care.

Next time you drive out of state and get plucked as an easy mark despite
driving slower than everybody else or not even violating the letter of
the law or even entrapped, remember you made your own nest.

The reason some states do participate in the existing compacts is, IMO
to protect their residents as much as they can from being harmed by
revenue collection practices out of state.
PWB - 30 Sep 2004 19:36 GMT
>> Honestly, the only people who have anything to lose by the federalization
>> of
[quoted text clipped - 8 lines]
> to protect their residents as much as they can from being harmed by
> revenue collection practices out of state.

Actually, here in Ohio we have our own homegrown revenue thieves.

Ever heard of the "village" of New Rome, OH, and its 1000 feet of US40?
They collected $360,000 a year in admittedly bogus fines (plus the
occasional confiscated vehicle) for over 20 years... and honed embezzlement
by the village treasurer to a high art.

PWB
C.R. Krieger - 01 Oct 2004 18:44 GMT
> Actually, here in Ohio we have our own homegrown revenue thieves.
>
> Ever heard of the "village" of New Rome, OH,

You mean *HAD*.  Last time I checked, New Rome had been
*unincorporated* by the state and the county sheriff and highway
patrol had taken over policing it just as they would any other little
unincorporated backwater.
--
C.R. Krieger
(Been there; once)
The Big Biker - 01 Oct 2004 18:06 GMT
To agree w/ Brent P and disagree w/ PWB. For Brent P. I think you
meant that "States do ^NOT^ participate"... in the last paragraph.

How about this ! Do a special excursion to the South of the Border,
get a trumped up ticket from a cop, pay the ticket, then the town
"loses" the payment and since that town is in a Mexical State that
participates in this DLA, the town notifies the State Gov't of the
individual Mexican State who then contacts your US State DMV not only
concerning the violation but also how you "ignored" it.

Think of the ramifications. Your state pulls your license for the
supposed unpaid Mexican ticket. To add insult to injury, your state
assigns points for that ticket which then means your insurance goes up
or gets canceled. Got too many points ? Well you lose your license and
if you live in a state that has a "points tax" (NJ, MI, TX), pay
again. Then you have to go through the Mexican bureaucratic quagmire
to set things right such as paying bribes, repay the fine, etc. Gee,
you are f*cked thanks to the DLA as mentioned by the top post.

Under the current system, you can flip the bird to that Mexican two
bit town but don't go back ! This DLA presumes you are guilty and
there is no recourse, no due process ! And, BTW, states are NOT
ALLOWED to add in clauses to protect their residents from unsavory
practices that occurr in other states or countries.

In addition, what happens in Mexico does happen in some US States.
Think of Louisiana for one thing. Other state such as CA or other
states that are very revenue hungry can do the same thing as well.

About Mexico, even with them not communicating with the US states on
tickets, I am not inclined to drive in Mexico especially with my own
wheels. I have driven in other countries such as Canada but forget
Mexico.

Interstate reciprocity sucks !

> > Honestly, the only people who have anything to lose by the federalization of
> > motor-vehicle violations are chronic offenders.  The rest of us who DON'T
[quoted text clipped - 7 lines]
> IMO to protect their residents as much as they can from being harmed by
> revenue collection practices out of state.
HarryS - 02 Oct 2004 15:58 GMT
>> Honestly, the only people who have anything to lose by the federalization
>> of
[quoted text clipped - 10 lines]
>
>The sky is falling, The sky is falling, Oh no the sky is falling.

HarryS
Brent P - 30 Sep 2004 16:23 GMT
>>> Honestly, the only people who have anything to lose by the federalization
>>> of
[quoted text clipped - 8 lines]
>> to protect their residents as much as they can from being harmed by
>> revenue collection practices out of state.

> The sky is falling, The sky is falling, Oh no the sky is falling.

So you've stamped out small town ticket traps? You've stamped out state
troopers preying on people without of state plates?
HarryS - 02 Oct 2004 22:48 GMT
>>>> Honestly, the only people who have anything to lose by the
>>>> federalization
[quoted text clipped - 23 lines]
>Checks and balances are needed in a society other wise there would be total
>CHAOS argue that one!

HarryS
Paul Gravano - 01 Oct 2004 02:30 GMT
>>>Honestly, the only people who have anything to lose by the federalization
>>>of
[quoted text clipped - 12 lines]
>
> HarryS

yup
Alex Rodriguez - 30 Sep 2004 19:05 GMT
>Honestly, the only people who have anything to lose by the federalization of
>motor-vehicle violations are chronic offenders.  The rest of us who DON'T
>violate those laws don't really care.

It is not federalizing violations that one should be concerned with.  It is the
issuing of the national ID card that should concern everyone.
------------
Alex
Greek Shipping Magnets - 30 Sep 2004 19:20 GMT
>It is not federalizing violations that one should be concerned with.

Why not? There's lots of shithole townships that rely on ticket
revenue from out of towners for the bulk of their budget and you're at
their mercy just by passing through. Imagine now that said violations
follow you back home if you do a lot of traveling. You'll be taking
the bus in short order.

Are you truly free if your right to drive hinges upon the practices of
thousands of bumblefuck counties?

> It is the issuing of the national ID card that should concern everyone.

They already did that decades ago. Called it "Social Security" I
believe. Serial number follows you 'till death and can't do a GD thing
without it.
PWB - 30 Sep 2004 19:38 GMT
>>Honestly, the only people who have anything to lose by the federalization
>>of
[quoted text clipped - 4 lines]
> is the
> issuing of the national ID card that should concern everyone.

Already done.  Your SSAN follows you EVERYWHERE, remember?  Even if it's not
on a "national ID card", you're still tracked by it.

PWB
C.R. Krieger - 30 Sep 2004 19:15 GMT
> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.

Google is your friend.
To refute some of the ridiculous claims made by the OP (as well as
supporting some of the more mundane), below is the full text of the
act.  Enjoy!
--
C.R. Krieger
(Never called anyone a jackbooted nazi thug)

108th CONGRESS

2d Session

H. R. 5148
To provide improved security for driver licenses and State identity
documents.

IN THE HOUSE OF REPRESENTATIVES

September 24, 2004
Mrs. MILLER of Michigan (for herself, Mr. TOM DAVIS of Virginia, Mr.
SHAYS, and Mr. CARTER) introduced the following bill; which was
referred to the Committee on Government Reform, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned

--------------------------------------------------------------------------------

A BILL
To provide improved security for driver licenses and State identity
documents.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Identity Management Security Act of
2004'.

TITLE I--IMPROVED SECURITY FOR DRIVER LICENSES AND STATE IDENTITY
DOCUMENTS

SEC. 101. DEFINITIONS.

In this title, the following definitions apply:

(1) DRIVER'S LICENSE- The term `driver's license' means a motor
vehicle operator's license, as defined in section 30301 of title 49,
United States Code.

(2) IDENTIFICATION CARD- The term `identification card' means a
personal identification card, as defined in section 1028(d) of title
18, United States Code, issued by a State.

(3) STATE- The term `State' means a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and any other territory or possession of the United
States.

(4) SECRETARY- The term `Secretary' means the Secretary of Homeland
Security.

SEC. 102. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.

(a) Minimum Standards for Federal Use-

(1) IN GENERAL- Beginning 3 years after the date of enactment of this
Act, a Federal agency may not accept, for any official purpose, a
driver's license or identification card issued by a State to any
person unless the State is meeting the requirements of this section.

(2) STATE CERTIFICATIONS- The Secretary shall determine whether a
State is meeting the requirements of this section based on
certifications made by the State to the Secretary. Such certifications
shall be made at such times and in such manner as the Secretary, with
the concurrence of the Secretary of Transportation, may prescribe by
regulation.

(b) Minimum Document Requirements- To meet the requirements of this
section, a State shall include, at a minimum, the following data
elements and features on each driver's license and identification card
issued to a person by the State:

(1) The person's full legal name.

(2) The person's date of birth.

(3) The person's gender.

(4) The person's driver license or identification card number.

(5) A photograph of the person.

(6) The person's address of principal residence.

(7) The person's signature.

(8) Physical security features designed to prevent tampering,
counterfeiting, or duplication of the document for fraudulent
purposes.

(9) A common machine-readable technology, with defined minimum data
elements, that will facilitate the capture of driver's license and
identification card information by law enforcement officers.

(c) Minimum Issuance Standards-

(1) IN GENERAL- To meet the requirements of this section, a State
shall require, at a minimum, presentation and verification of the
following data elements before issuing a driver's license or
identification card to a person:

(A) A photo identity document, except that a nonphoto identity
document is acceptable if it includes both the person's full legal
name and date of birth.

(B) Documentation showing the person's date of birth.

(C) Proof of the person's social security number or verification that
the person is not eligible for a social security number.

(D) Documentation showing the person's name and address of principal
residence.

(2) VERIFICATION OF DOCUMENTS- To meet the requirements of this
section, a State shall implement the following procedures:

(A) Before issuing a driver's license or identification card to a
person, the State shall verify, with the issuing agency, the issuance,
validity, and completeness of each document used to provide
information required to be presented by the person under paragraph
(1).

(B) The State shall not accept any foreign document, other than an
official passport, to satisfy a requirement of paragraph (1).

(d) Other Requirements- To meet the requirements of this section, a
State shall adopt the following practices in the issuance of driver
licenses and identification cards:

(1) Employ technology to capture digital images of identity source
documents so that the images can be retained in electronic storage in
a transferable format.

(2) Retain paper copies of source documents for a minimum of 7 years
or images of source documents presented for a minimum of 10 years.

(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.

(4) Establish an effective procedure to confirm or verify a renewing
applicant's information.

(5) Confirm with the Social Security Administration a social security
number presented by a person using the full social security number. In
the event that a social security number is already registered to or
associated with another person to which any State has issued a
driver's license or identification card, the State shall resolve the
discrepancy and take appropriate action.

(6) Refuse to issue a driver's license or identification card to a
person holding a driver's license issued by another State without
confirmation from the other State that the person is terminating or
has terminated the driver's license.

(7) Ensure the physical security of locations where driver licenses
and identification cards are produced and the security of document
materials and papers from which driver licenses and identification
cards are produced.

(8) Subject all persons authorized to manufacture or produce driver
licenses and identification cards to appropriate security clearance
requirements.

(9) Establish fraudulent document recognition training programs for
appropriate employees engaged in the issuance of driver licenses and
identification cards.

SEC. 103. LINKING OF DATABASES.

(a) In General- To be eligible to receive any grant or other financial
assistance made available under this Act, a State shall participate in
the interstate compact regarding sharing of driver license data, known
as the `Driver License Agreement', in order to provide electronic
access by a State to information contained in the motor vehicle
databases of all other States.

(b) Requirements for Information- A State motor vehicle database shall
contain, at a minimum, the following information:

(1) All data fields printed on driver licenses and identification
cards issued by the State.

(2) Motor vehicle driver histories, including motor vehicle
violations, suspensions, and points on licenses.

SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.

Section 1028(a)(8) of title 18, United States Code, is amended by
striking `false authentication features' and inserting `false or
actual authentication features'.

SEC. 105. GRANTS TO STATES.

(a) In General- The Secretary may make grants to a State to assist the
State in conforming to the minimum standards set forth in this title.

(b) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out this title.

SEC. 106. AUTHORITY.

(a) Participation of Secretary of Transportation and States- All
authority to issue regulations, certify standards, and issue grants
under this title shall be carried out by the Secretary, with the
concurrence of the Secretary of Transportation and in consultation
with the States.

(b) Extensions of Deadlines- The Secretary may grant an extension to
the deadline established by section 102(a)(1) with respect to the
driver licenses and identification cards issued by a State if the
State submits to the Secretary, in writing, an adequate justification,
as determined by the Secretary, for the extension.

TITLE II--IDENTITY SECURITY OF VITAL RECORDS

SEC. 201. DEFINITIONS.

In this title, the following definitions apply:

(1) SECRETARY- The term `Secretary' means the Secretary of Homeland
Security.

(2) BIRTH CERTIFICATE- The term `birth certificate' means a
certificate of birth--

(A) for an individual (regardless of where born)--

(i) who is a citizen or national of the United States at birth; and

(ii) whose birth is registered in the United States; and

(B) that--

(i) is issued by a Federal, State, or local government agency or
authorized custodian of record and produced from birth records
maintained by such agency or custodian of record; or

(ii) is an authenticated copy, issued by a Federal, State, or local
government agency or authorized custodian of record, of an original
certificate of birth issued by such agency or custodian of record.

SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFICATES.

(a) Study- The Comptroller General shall conduct a study of the
security of birth certificates and other birth documentation used by
States as proof of identity. Such study shall include--

(1) an assessment of the parties involved in the issuance of birth
certificates and other birth documentation within the United States;

(2) an assessment of the physical security features of domestic birth
certificates and other domestic birth documentation;

(3) an evaluation of fraudulent activity, both domestic and foreign,
of domestic birth certificates and other domestic birth documentation
used to acquire driver's licenses or State-issued identification
cards; and

(4) an evaluation of methods used by Federal agencies, States and
other parties involved in the issuance of domestic birth certificates
and other domestic birth documentation to reduce fraudulent activity,
both domestic and foreign.

(b) Report- Not later than 1 year after the date of the enactment of
this Act, the Comptroller General shall submit to Congress a report on
the study conducted under subsection (a). The report shall include
recommendations regarding measures needed to improve both the physical
security of birth certificates and other birth documentation and the
process used by parties issuing such documents, including the
establishment of minimum standards if necessary, to reduce fraudulent
activity.

SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS.

(a) Assistance in Matching Birth and Death Records-

(1) GRANTS- The Secretary, in coordination with other appropriate
Federal agencies, shall make grants to States to assist them in--

(A) computerizing their birth and death records;

(B) developing the capability to match birth and death records within
each State and among the States; and

(C) noting the fact of death on the birth certificates of deceased
persons.

(2) ALLOCATION OF GRANTS- The Secretary shall make grants to States
under this subsection based on the proportion that the estimated
annual average number of birth and death records created by a State
applying for a grant bears to the estimated annual average number of
birth and death records originated by all States.

(b) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out this section.
Arthur L. Rubin - 01 Oct 2004 14:08 GMT
> > There are a couple of bills in the US House of Representatives
> > sponsored by Dennis Hastert and Candice Miller. The bills respectively
[quoted text clipped - 19 lines]
>
> IN THE HOUSE OF REPRESENTATIVES

So the relevant provisions are:

Requires states to ensure that a person only has an identification
card from one state.  (I don't see anything that precludes a
state issuing multiple identification cards to the same person,
as I've recommended, but I could be wrong.  If I AM wrong,
a rational alternative would be to only issue state ID
cards, and drivers' certificates which are not ID cards.)

Requires that states gather SSN information.  (I think
that's already in law under highway funding provisions,
but I'm not sure.)

Requires participation in the DLA (not the DLC), which
further provides that states share information about
tickets.  There's no mandate that the home state do
anything with foreign tickets, other than file them.

Signature

This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.

The Big Biker - 03 Oct 2004 14:08 GMT
On the foreign tickets, the DLA requires the state to treat the
foreign ticket as if it was received in the driver's given state which
means points and your insurance company finding out about it and
raising your rates.

I looked at the different items on the DLA on the AAMVA web site
(http://www.aamva.org). Some of the information that under the DLC -
Drivers License Compact that was limiting such as violations committed
out of state that has no equivalent at home, no action is taken. An
example is the state that you live does not have a careless driving
law, you travel to a different state and while you drive in that
state, you get a careless driving ticket. You pay the ticket and that
is the end of it since your state has no equivalent, no action under
the DLC concept. Under the DLA concept, it requires the state you have
a license in to take some form of action to ensure that you don't
escape punishment. Your state might decide to jack the violation as
reckless driving since it is the closest similarity. States might have
to pass a law where there is a flat point penalty for a violation that
has no in-state equivalent in order to comply with the spirit and
intention of the DLA. It could be something like NJ which has a flat 2
point penalty for all out of state moving violations, even if the
violation committed inside of NJ would be more.

One time, I looked at the DLA codes a while back but I think now, the
AAMVA site has it behind web password protection but they include
codes for even equipment violations such as tinted windows, radar
detector (only VA & DC has such violation besides many of the Canadian
provinces).

Looking at the power point slides and pdf docs on the DLA at the AAMVA
web site,  there is even wording in the language the would ensure
there is not much due process rights to challenge an action by your
state DMV. It makes it very easy for state DMV's but very difficult
for motorists. It is another money grab ! The burden is on the
motorist to keep his license, money in his pocket. This is once big
power grab and fleecing. It is not law yet and before it is voted on,
it is out duty and obligation to tell our so-called reps that this is
wrong !

"Arthur L. Rubin" <ronnirubin@sprintmail.com> wrote in message

> Requires that states gather SSN information.  (I think
> that's already in law under highway funding provisions,
[quoted text clipped - 4 lines]
> tickets.  There's no mandate that the home state do
> anything with foreign tickets, other than file them.
Arthur L. Rubin - 03 Oct 2004 19:53 GMT
> On the foreign tickets, the DLA requires the state to treat the
> foreign ticket as if it was received in the driver's given state which
> means points and your insurance company finding out about it and
> raising your rates.

The law doesn't so specify.  The DLA might, but it's named
in the law, not refrenced, so it's not binding on states.

Furthermore, as I noted, some states have no-point offenses --
radar-detected speeding in a number of states.  Hence, a
requirement that the home state assess a "penalty" (defined
as "points") if the issuing state would not is a violation of
the equal protection clause of the US Constitution.

Furthermore, if, as it is said, states such as MA have
tickets as civil violations rather than criminal violations,
it would be a violation of due process for a state to take
judicial notice of a civil violation in a criminal case.
In other words, CA could not take notice of a MA traffic
"conviction" in regard criminal penalties.  If I ever
get a ticket in MA, I may consider bringing this before
the CA courts.

No -- if this passes, and your interpretaion is correct,
it would void the DLA.

> ... States might have
> to pass a law where there is a flat point penalty for a violation that
> has no in-state equivalent in order to comply with the spirit and
> intention of the DLA.

If the DLA is not a "law" per se, then there is no need to
comply with the "spirit and intention" of it.

> One time, I looked at the DLA codes a while back but I think now, the
> AAMVA site has it behind web password protection but they include
> codes for even equipment violations such as tinted windows, radar
> detector (only VA & DC has such violation besides many of the Canadian
> provinces).

Aren't equipment violations a no-point violation in ALL states?  They
are in CA and AZ -- even those which are misdemeanors, rather than
infractions.

> Looking at the power point slides and pdf docs on the DLA at the AAMVA
> web site,  there is even wording in the language the would ensure
> there is not much due process rights to challenge an action by your
> state DMV.

Violation of state Constitution, in many cases, and a violation
of state and Federal due process law where it IS a violation of
the state Constitution.  Possibly a violation of the due process
clause of the Federal Constitution in states in which driving
has the status of an entitlement -- intermediate between a "right"
and a "prvilidge".

If the DLA is as you say it is (which apparently can no longer
be confirmed), the part of the statute mandating compliance
would be void.

Signature

This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.

Rob Kleinschmidt - 30 Sep 2004 21:54 GMT
> Driver's Licensing is a state matter, not a place for the Federal
> Gov't to poke their nose in. Most states passed laws anyway to tighten
> licensing standards.
>
> Members of Congress should be contacted to oppose this National ID.
> Contact info is at http://www.visi.com/juan/congress/ .

The real question re the federal drivers license though is what part
of the bar code they're going to use to hide the number 666.
Reassembler - 02 Oct 2004 19:16 GMT
> > Driver's Licensing is a state matter, not a place for the Federal
> > Gov't to poke their nose in. Most states passed laws anyway to tighten
[quoted text clipped - 5 lines]
> The real question re the federal drivers license though is what part
> of the bar code they're going to use to hide the number 666.

   Actually, the number of the beast is social security. HTH.

Reassembler
HarryS - 02 Oct 2004 00:26 GMT
Well for once I agree with the fellows in DC, then dirt bags who
continuously run red lights, speed, aggressively drive and various other
criminal acts will not be able to hide from their employers or your
neighbors. Also, it will stop the illegal black market purchasing of drivers
license trade by undocumented foreign nationals.  I say if you do not have
anything to hide no big deal and don't reply to argue your point because I
really do not give a rats a.s!

HarryS

> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.

SNIP THE BS

http://www.visi.com/juan/congress/ .
Nate Nagel - 30 Sep 2004 01:26 GMT
> Well for once I agree with the fellows in DC, then dirt bags who
> continuously run red lights, speed, aggressively drive and various other
[quoted text clipped - 3 lines]
> anything to hide no big deal and don't reply to argue your point because I
> really do not give a rats a.s!

Please never vote.

I don't have anything to hide; maybe a five year old speeding ticket, a
few more dollars on my credit card than I'm confortable with, and a
student loan that isn't quite paid in full...  but that doesn't change
the fact that your attitude is not only unAmerican but one that leads
down the road to fascism and a police state.

nate

...just one of the guys standing on the slippery slope, trying to push
the ball back where it belongs.

Signature

replace "fly" with "com" to reply.
http://home.comcast.net/~njnagel

Matthew Russotto - 30 Sep 2004 18:57 GMT
>...just one of the guys standing on the slippery slope, trying to push
>the ball back where it belongs.

Too late.  It's not a slippery slope any more.  It's a free-fall, with
the ACLU and others reduced to trying to manually blow the ball back
up.
Brent P - 30 Sep 2004 02:10 GMT
> I say if you do not have
> anything to hide no big deal and don't reply to argue your point because I
> really do not give a rats a.s!

The usual arguement for a police state. It's ok so long as you have
nothing to hide. You know nothing to hide, like political opinions,
religious beliefs, disagreements with the state's actions, etc and so
forth.

Oh, and I hope that once we end up with a police state, that all you
idiots with "nothing to hide" get dragged into your local homeland
security offices accused of being terrorists when you buy regular
household items that could be combined to make explosives, even if
purchased six years apart. Beware the power of data mining. I've seen it
in the virtual world and the power is scary to behold.
Alex Rodriguez - 30 Sep 2004 04:25 GMT
>> I say if you do not have
>> anything to hide no big deal and don't reply to argue your point because I
[quoted text clipped - 11 lines]
>purchased six years apart. Beware the power of data mining. I've seen it
>in the virtual world and the power is scary to behold.

If I am asked, I always respond that I have everything to hide.  If you
can't see it, then it's something I have chosen to hide.  
--------------
Alex
Boffer - 30 Sep 2004 05:17 GMT
> If I am asked, I always respond that I have everything to hide.  If you
> can't see it, then it's something I have chosen to hide.
> --------------
> Alex

Unfortunately the days of being a "private" citizen are long over. Don't
believe me? Check how many times your Social Security number is used for
loans, to get a drivers license in most states, hunting and fishing
licenses, voter registration etc..
We already in so many databases its frightening. But hey, I'm the guy that
won't have a car with Onstar because they continuously track you. Maybe I'm
just paranoid, but I prefer to think of it as a survival tool rather than a
neurosis

Don

Let's say I'm a moron......
Now let's say I'm a congressman...
But, I repeat myself.
Mark Twain
E.R. - 30 Sep 2004 08:57 GMT
In a previous posting, "Boffer" <baughmans81@surewest.net> had
the audacity to say:

:Unfortunately the days of being a "private" citizen are long over. Don't
:believe me? Check how many times your Social Security number is used for
:loans, to get a drivers license in most states, hunting and fishing
:licenses, voter registration etc..

Is this really true? I have two social security numbers in the
Soviet Union, but no SIN here in Canada. Also, I have no desire
to register for one at the moment 'cause it would identify me as
someone with, ahem, questionable legal status. If living in the
US in a similar capacity, I don't think I'd be running the
gauntlet of trying to get a SSN. Is life really truly impossible
without one? I certainly managed to get a Canajun driver's
licence without a SIN, and there are still employers around -
unofficially of course - who'll gladly let you work without one.

Signature

E.R. aka SJG aka Ricardo
present location: vancouver bc canada
refugee from the european union's evil bureaucracy

Alex Rodriguez - 30 Sep 2004 18:59 GMT
>Is this really true? I have two social security numbers in the
>Soviet Union, but no SIN here in Canada. Also, I have no desire
[quoted text clipped - 5 lines]
>licence without a SIN, and there are still employers around -
>unofficially of course - who'll gladly let you work without one.

It is very difficult to do many things without an SSN.  Mainly because
the IRS uses it to track and collect taxes.  
-----------
Alex
Arif Khokar - 01 Oct 2004 03:32 GMT
> It is very difficult to do many things without an SSN.  Mainly because
> the IRS uses it to track and collect taxes.  

We can always do without paying taxes ;)
HarryS - 02 Oct 2004 14:01 GMT
> In a previous posting, "Boffer" <baughmans81@surewest.net> had
> the audacity to say:
[quoted text clipped - 13 lines]
> licence without a SIN, and there are still employers around -
> unofficially of course - who'll gladly let you work without one.

The sky is falling, The sky is falling, Oh no the sky is falling.

HarryS
Arthur L. Rubin - 06 Oct 2004 14:27 GMT
> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.

It appears I was wrong.  The CDT thinks there are serious
privacy violations in this bill.  Who am I to argue?

I just don't think that the abuses this poster is referring
to are in the bill.

Signature

This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.

 
Sign In
Join
My Latest Posts
My Monitored Threads
My Blog
My Photo Gallery
My Profile
My Homepage

Start New Thread
Enable EMail Alerts
Rate this Thread



©2009 Advenet LLC   Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.