Motor Vehicle Code

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- Public Vehicular Travel as a Right -

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          Washington state is where this focus began, the focus upon the phrase "open as a matter of right to public vehicular travel." The discovery of this phrase in law literally across America is proof that the right to travel is preserved by clearly established law. Legislatures and municipalities across America refer to "public vehicular travel" as a common right in legislation throughout state and municipal codes everywhere. This is a treatise on rights to travel in the form of a RICO criminal complaint against those enforcing the motor vehicle code (a privilege code) against public vehicular travelers.

"Open as a matter of right to public vehicular travel" - Bing / Yahoo / Google /AltaVista

"Motor vehicle fuel excise tax" - Google

          THIS CRIMINAL COMPLAINT w/supporting memorandum was served on Congress and the Dept. of Justice on March 9, 2006 and remains wholly without rebuttal of any sort.

Key Excerpts -

"The right to travel interstate by auto vehicle upon the public highways may be a privilege or immunity of citizens of the United States. Compare Crandall v. Nevada, 6 Wall. 35. A citizen may have, under the Fourteenth Amendment, the right to travel and transport his property upon them by auto vehicle. But he has no right to make the highways his place of business by using them as a common carrier for hire. Such use is a privilege which may be granted or withheld by the state in its discretion, without violating either the due process clause or the equal protection clause. Packard v. Banton, 264 U.S. 140, 144[.]"

See Buck v. Kuykendall, 267 U.S. 307, 314 (1925).

"It will be observed that . . . a highway, within the contemplation of the act, is, "Every way or place of whatever nature open as a matter of right to the use of the public for the purposes of vehicular travel." There can be no question but that this definition is broad enough to include streets in incorporated cities, because they are open as a matter of right to the use of the public for the purposes of vehicular travel."

See Neeley v. Bock, 184 Wash. 135, 140, 50 P.2d 524 (1935).

These things are "public highways":

Revised Code of Washington ("RCW") 46.04.020 Alley. "Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

RCW 46.04.030 Arterial highway. "Arterial highway" means every public highway, or portion thereof, designated as such by proper authority.

RCW 46.04.110 Center of intersection. "Center of intersection" means the point of intersection of the center lines of the roadway of intersecting public highways.

RCW 46.04.120 City street. "City street" means every public highway, or part thereof located within the limits of cities and towns, except alleys.

RCW 46.04.150 County road. "County road" means every public highway or part thereof, outside the limits of cities and towns and which has not been designated as a state highway.

"Public highways" are open as a matter of right:

RCW 46.09.020 Definitions. As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:
          "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

RCW 46.10.010 Definitions. As used in this chapter the words and phrases in this section shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicated.-
          (6) "Public roadway" shall mean the entire width of the right of way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

Washington Administrative Code ("WAC") 296-32-210 Definitions.
          (46) "Public highway." Every way, land, road, street, boulevard, and every way or place in the state open as matter of right to public vehicular travel, both inside and outside the limit of cities and towns.

WAC 296-45-035 Definitions. These definitions apply to chapter 296-45 WAC.
          "Public highway" - Every way, land, road, street, boulevard, and every other way or place in the state open as a matter of right to public vehicular travel, both inside and outside the limits of cities and towns, regardless of ownership.

RCW 47.04.010 Definitions. The following words and phrases, wherever used in this title, shall have the meaning as in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part:
          (6) "City street." Every highway as herein defined, or part thereof located within the limits of incorporated cities and towns, except alleys;
          (9) "County road." Every highway as herein defined, or part thereof, outside the limits of incorporated cities and towns and which has not been designated as a state highway, or branch thereof;
          (11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

RCW 46.30.010 Legislative intent. It is a privilege granted by the state to operate a motor vehicle upon the highways of this state.

Washington state counties -

Franklin County, WA § 2.25 Road, Public. "Public road" means a road, whether improved or unimproved, held in public ownership and intended to be open as a matter of right for public vehicular travel and to provide access now or in the future to adjacent properties.

Jefferson County, WA § 18.10.160 "P - definitions." "Public road, or public street" means an approved road or street, whether improved or unimproved, held in public ownership or control (i.e., either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel.

Kittitas County, WA - Title 10 Vehicles and Traffic. 10.37.020 Definitions. As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:
          "Highway" - For purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state is generally open to the use of the public for the purposes of vehicular travel as a matter of right.

Pierce County, WA § 11.02.030 Definitions. For the purposes of this Chapter, the words or phrases below shall have the following meanings:
          K. "Highway" shall mean all impervious ways, lanes, roads, streets, boulevards, and/or places in the County open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns.

Snohomish County Code, WA - 10.01.020 Definitions. All technical terminology used in chapter 10.01 SCC, and not defined in chapter 10.01 SCC, shall be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-1983 and Section 1.4-1983 as now in force or as later amended. As used in this chapter, the following terms shall have the meanings set forth below:
          (26) "Public highway" means the entire width between the right-of-way lines of every roadway publicly maintained by the Washington State Department of Transportation, or any county or city, when any part of the right-of-way is generally open to the use of the public for purposes of vehicular travel as a matter of right.

Yakima County, WA § 8.06.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the indicated meanings:
          (1) "County road" means every way, lane, road, street, boulevard, and every way or place, or part thereof, in the county of Yakima open as a matter of right to public vehicular travel outside the limits of incorporated cities and towns, which has not been designated as a state highway, and which is regularly maintained and accepted by Yakima County as part of the county road system. (Ord. 1-1978 §1(part), 1978).

Washington cities -

Asotin, WA municipal code § 12.08.030 "Street" means every way, lane, road, street, boulevard, and every way or place in the city open as a matter of right to public vehicular travel which is not an alley or a driveway. (Ord. 96-519 § 1, 1996; Ord. 232 § 1.030, 1975).

Bremerton, WA municipal code § 10.11.005 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
          (b) "Right-of-way" or "street" means any highway, avenue, lane, road, drive, place, boulevard, alley, right-of-way, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use.

Cathlamet, WA municipal code § 10.05.010 Definitions. The following terms used in this chapter shall have the meanings herein set out:
          (1) "Public highway" includes every way, lane, road, street, boulevard, and every way or place in the town open as a matter of right to public vehicular travel inside the limits of the town of Cathlamet.

Edgewood, WA municipal code § 16.04.060 For the purposes of this title, certain words and terms used in this title are defined as follows:
          "Street, public" means as approved street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel.

Everett, WA - 8.56.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
          F. "Street" means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in Everett open as a matter of right to public vehicular travel. (Ord. 2129-96 § 3, 1996)

Kent, WA - 8.09.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
          I. "Street" means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the city of Kent open as a matter of right to public vehicular travel. (Ord. No. 3516, § 1, 7-5-00).

Lakewood, WA municipal code § 03.38.030- Definitions. For purposes of this Ordinance, the words or phrases below shall have the following meanings:
          G. "Highway" shall mean all impervious ways, lanes, roads, streets, boulevards, and/or places in the City open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns.

Langley, WA municipal code § 17.08.020 Definitions. Where the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision.
          N. Road, Public. "Public road" means a road dedicated to and maintained by the state, by Island County, or by the city, and open as a matter of right to public vehicular travel and access.

Lynnwood, WA municipal code § 10.17.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:
          F. "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Lynnwood open as a matter of right to public vehicular travel. (Ord. 2365 § 1, 2001)

Marysville, WA municipal code § 7.05.030(6) "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Marysville open as a matter of right to public vehicular travel. (Ord. 2159 § 1, 1997).

Monroe, WA municipal code § 17.08.010. Certain words and terms used in this code are defined below to simplify wording, give the meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definition in this code shall prevail. Words not defined shall be presumed to have common and universally accepted dictionary meanings. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense; and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive. The word "city" means the city of Monroe.
          R. "Public roads" means all lanes, roads, streets, and alleys which are open as a matter of right to public vehicular traffic.

Pasco, WA municipal code § 26.08.270 Street, Public. "Public Street" means a street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right for public vehicular travel and to provide access now or in the future to adjacent properties. (Ord. 3398 Sec. 2, 1999).

Port Townsend, WA municipal code § 18.04.060 "Public street" means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel.

Seattle, WA municipal code § 25.08.270 Public highway. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right. (Ord. 106360 § 222, 1977.).

Seattle, WA municipal code § 11.14.715 Way open to the public. "Way open to the public" means any road, alley, lane, parking area, path, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further shall mean public playgrounds, school grounds, recreation grounds, parks, parkways, park drives, park paths and wharves, station grounds, and rights-of-way open to the use of the public.

Seatac, WA municipal code § 15.10.630 "Street, Public" All streets, highways, freeways, avenues, lanes, alleys, courts, places, or other public ways in the City, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular and pedestrian access. (Ord. 92-1041 § 1)

Spokane, WA municipal code § 16.10.010 Definitions. As used in this chapter the words and phrases in this section shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates.
          G. "Public roadway" shall mean the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

Sumner, WA municipal code § 17.04.060 Definitions. For the purpose of this title, certain words and terms used in this title are defined as follows:
"Street, public" means an approved street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel.

Tukwila, WA municipal code § 8.22.010 Policy - Findings of Special Conditions.
          18. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city, when any part thereof is generally open to the use of the public for purposes of vehicular travel or a matter of right.

West Richland, WA municipal code § 16.02.040 Definitions. As used in this title of the West Richland Municipal Code, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
          38. "Public street" means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel.

Yelm, WA municipal code § 6.16.010(C) As used in this chapter, "public highway" means every way, lane, road, street, boulevard and every way or place in the city open as a matter of right to public vehicular travel. (Ord. 148 § 1, 1973).

Other states:

Arizona - § 42 5062(A): 5. "Public highway" means any way or place in this state that is constructed or maintained with public monies and that is open to use by the public as a matter of right for the purpose of vehicular travel, including a highway under construction.

Colorado - § 33-14-101. Definitions. As used in this article, unless the context otherwise requires:
          (12) "Street", "road", "freeway", or "highway" means the entire right-of-way between boundary lines of any of such public ways when any part thereof is open to the use of the public as a matter of right for the purpose of motor vehicle travel.

Colorado - § 155-3. Definitions. [Amended 7-16-96, Ord. 96-12] As used in this Article, the following terms shall have the meanings indicated:
          "PUBLIC RIGHT-OF-WAY" All streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public as a matter of right for the purpose of vehicular or pedestrian travel, utility installation and for snow storage by the Town of Frisco. [Amended 5-2-1989 by Ord. No. 89-16]

Colorado - § 17-5-30. Definitions. Unless specifically stated otherwise, the following words have the following definitions in this Article:
          Street, road, or highway means the entire width between the boundary lines of every way publicly maintained when any part thereon is open to the use of the public for purposes of vehicular travel, or the entire width of every way declared to be to be a public street, road, or highway by any law of the State of Colorado, including, but not limited to, the area intended for pedestrian travel, such as a sidewalk.

Delaware - Title 21, Part I, Ch.1 General Provisions, § 101. Words and phrases. For the purposes of this title, unless the context otherwise clearly indicates:
          (22) "Highway" means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

Florida § 633.021 Definitions.--As used in this chapter:
          (12) "Highway" means every way or place of whatever nature within the state open to the use of the public, as a matter of right, for purposes of vehicular traffic and includes public streets, alleys, roadways, or driveways upon grounds of colleges, universities, and institutions and other ways open to travel by the public, notwithstanding that the same have been temporarily closed for the purpose of construction, reconstruction, maintenance, or repair. The term does not include a roadway or driveway upon grounds owned by a private person.

Iowa § 321G.1 Definitions. As used in this chapter, unless the context otherwise requires:
          20. "Street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. [C71, 73, 75, 77, 79, 81, § 321G.1; 81 Acts, ch 113, § 2]

Idaho - § 49.301(13) Street or Highway -- Street or Highway means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for purposes of vehicular traffic.

Idaho - § 63-2401. Definitions. In this chapter:
          (11) "Highways" means every place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel which is maintained by the state of Idaho or an agency or taxing subdivision or unit thereof or the federal government or an agency or instrumentality thereof. Provided, however, if the cost of maintaining a roadway is primarily borne by a special fuels user who operates motor vehicles on that roadway pursuant to a written contract during any period of time that a special fuels tax liability accrues to the user, such a roadway shall not be considered a "highway" for any purpose related to calculating that user's special fuels' tax liability or refund.

Minnesota § 169.01 Definitions. Subd. 29. Street or highway. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic.

New Mexico - State v. Roddy Brennan, 1998-NMCA-176, filed 10/22/98 NM Ct. of Appeals: "Highways as defined in the Motor Vehicle Code include "every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel[.]"

New York state - Article 21 General Provisions:
§ 21.05 Definitions. As used in this article, unless the context requires otherwise:
          9. "Highway" shall mean the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.

North Carolina § 20-4.01(13) "Highway" is defined as "the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.

Oregon Vehicle Code § 801.305 "Highway." "Highway" means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. [1983 c.338 §51]

Pennsylvania § 75 Pa.C.S.A. §3101 and 75 Pa.C.S.A. §102. "Trafficway. The entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom."

Pennsylvania - Penn. International Fuel Tax Agreement & Motor Carriers Road Tax Compliance Manual by Penn. Dept. of Revenue, Bureau of Motor Fuel Taxes, Harrisburg, Penn., "II Definitions. . . . "Highway", the Pennsylvania Turnpike and every way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel.

Texas § 114.001. Definitions. In this chapter: (5) "Public highway" means a way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.

South Dakota § 32-14-1. Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34, inclusive, mean:
          (11) "Highway," the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel;

Utah § 41-6a-102. Definitions. As used in this chapter:
          (20) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

Utah - § 53-3-207. License certificates or driving privilege cards issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation. (1) As used in this section:
          (a) "driving privilege" means the privilege granted under this chapter to drive a motor vehicle;

Utah - § 23-13-2 & R657-5-2(6) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

Utah - § 16-2-1. Definitions.
          (1) "Roadway" or "Street" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular traffic. Also, any portion of roadway or street improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk.
          (2) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or street, whether operable or not, except devices used exclusively upon stationary rails or tracks. This includes but is not limited to cars, trucks, motorcycles, trailers, ATVs, boats, construction equipment, etc. History: 10/98.

Municipal Code in other states:

Santa Barbara County, CA § 9.04.030 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section.
          F. "Street." A way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right of way, including, but not limited to, the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term "street" applies irrespective of what the legal right of way is formally called, whether alley, avenue, court, road, or otherwise. (Ord. 5019, 1997; Ord. 4973, 1996; Ord. 4949, 1996; Prior Code §32.8. and 32.9.).

City of Glendale, CA - Chapter 9.04 Curfew, § 9.04.030 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless the context otherwise requires:
          "Street" means a way or place, of whatever nature, open to the use of the public as a matter of right for vehicular travel or, in the case of a sidewalk, for pedestrian travel. "Street" includes, but is not limited to: traffic lanes, parking lanes, curb areas, sidewalks (whether paved or unpaved), parkways, or any other area found within the legal right-of-way, regardless of what it is formally called, whether alley, avenue, court, highway, road or otherwise. (Ord. 5253 § 2 (part), 2000).

Park County, CO - § 4-200B Definitions. Words and phases used in these Land Use Regulations shall have the following meanings unless a different meaning is contained in another applicable Article or Section or where the context clearly indicates a different meaning is intended. Words and phrases not defined in this Division shall be subject to the written interpretation of the Planning Director pursuant to Section 1-400, subject to appeal as provided by these Regulations.
          Capitalization of a term or phrase denotes that the term or phrase is a specifically defined term for purposes of these Land Use Regulations.
          Right-of-way: All streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the general public as a matter of right, for the purpose of vehicular or pedestrian travel, and which are held, owned, or controlled by Park County, a incorporated municipality, or the Colorado Department of Transportation. Right of way is synonymous with public roadway, public street, and public way. For purposes of an application for the vacation (abandonment) of a right-of-way, such term shall only include rights-of-way held and owned by Park County, Colorado.

Brighton, CO - § IX, Subdivision Regulations, § VI Definitions. B.- "Right-of-Way, Public." All streets, roadways, bikeways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as matter of right, for the purpose of vehicular or pedestrian travel.

Blanca, CO - Article I. In General, § 1-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
          Right-of-way, public shall mean all street, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Dillon, CO - § 8-3-20. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
          Street, road or highway means the entire right-of-way between boundary lines of any such public ways when any part thereof is open to the use of the public as a matter of right for the purposes of motor vehicle travel. (Ord. 2-92; prior code 18-32; Ord. 02-02).

Pueblo, CO - § 17.04.040 Definitions.
          A. General. When not inconsistent with the content, words used in the present tense including the future; words in the singular number include the plural number; and the masculine includes the feminine.
          B. Specific. For the purpose of this resolution certain words and terms are defined as follows:
          "Right-of-Way, Public" means all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as a matter or right, for the purpose of vehicular or pedestrian travel.

Silver Bow, CO - § 10.04.040 Definitions. In this title, unless otherwise provided or the context requires a technical or other interpretation, the following definitions apply:
          32. "Highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel, and includes ways which have been or shall be dedicated to public use.

Boise, ID - § 10-01-01 Definitions of words and phrases: Whenever the following words or terms are have the meaning herein ascribed to them:
          Street or Highway: The words "Street or Highway" shall be used interchangeably and shall mean the entire width between the boundary lines of every way or place open to the public, as a matter of right for public vehicular travel but not to include alleys.

Haley, ID - § 9.08.010 Definitions. A. "Streets" means a way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel. The term "street" includes the legal right-of-way, including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise. The term "street" shall also include shopping centers, parking lots, parks, playgrounds, cemeteries, public buildings and similar areas that are open to the public.

Haley, ID - § 10.24.020 Definitions. For the purposes of this chapter, the following definitions shall apply:
          "Highway" means any way or place of whatever nature open to the use of the public as a matter of right for the purposes of vehicular travel or parking of motor vehicles which is maintained by the state or some taxing subdivision or unit thereof, or the federal government or any agency thereof.

Ramsey, MN (Anoka County) - § 6.04.03 Definitions. For the purposes of this Section, the words and terms listed below shall be defined as follows:
          "Street or Highway" shall mean the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic (includes the right-of-way or boulevard). For the purposes of this section, Streets or Highways not dedicated for public use and not maintained by the City are not included within this definition.

Clark County, NV - § 5.02.010 Definitions. (a) For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.
          (39) "Street" means the surface, the air space above the surface and the area below the surface of the full width of the right-of-way, including sidewalks and thoroughfares, places or ways of any kind used by the public or open to the public as a matter of right for the purposes of vehicular traffic or vehicular and pedestrian traffic.

Lindon, UT - § 9.22.020 Definitions. For the purpose of this Chapter, terms "child" and "children" mean any person under the age of eighteen (18) years.
          4. "Public places" means any place open to the public, whether privately owned, including but not limited to parking lots and the interior and exterior of commercial establishments such as restaurants, stores, or places of entertainment. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes that legal right of way, including but not limited to traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way.

"So."

_________________________________________

          Do you drive an automobile, or do you drive a motor vehicle? Do you owe "motor vehicle fuel excise tax"? Traffic tickets, license plates, title and registration, same question? Anybody? Can you find any reference to an "automobile operator" or even an "automobile" in the "motor vehicle" code?

Revised Code of Washington 9A.56.075 Taking motor vehicle without permission in the second degree.
          (1) A person is guilty of taking a motor vehicle without permission in the second degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, or he or she voluntarily rides in or upon the automobile or motor vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.
          (2) Taking a motor vehicle without permission in the second degree is a class C felony. [2003 c 53 § 73.]

Or perhaps you'd like to argue with the WA State attorney general:

WA AG Report - AGO 59-60 No. 88 not in its entirety - Motor Vehicles – Operator’s License – Law Enforcement – Authority to Stop Motorist to See Operator’s License:

"As stated in 16 C.J.S., Constitutional Law, § 202, p. 987:
"Personal liberty, or the right to the enjoyment of life and liberty, is one of the fundamental or natural rights, which has been protected by its inclusion as a guaranty in the various constitutions, which is not derived from, or dependent on, the federal Constitution, and which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable rights; as sacred as the right of private property; or as occupying a preferred position as contrasted with property rights; and is regarded as inalienable."
This concept is further amplified in 11 Am.Jur., Constitutional Law, § 329, p. 1135 wherein it is said:
"Personal liberty largely consists of the right of locomotion--to go where and when one pleases-- only so far restrained as the rights of others may make it necessary for the welfare of all other citizens. The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness. Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct."
See also, Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943).
In Barbour v. Walker, 126 Okla. 227, 259 Pac. 552, 56 A.L.R. 1049, 1053, the distinction between the right of a citizen to use the public highways for private, rather than commercial purposes is recognized:
"In Ex parte Dickey (Dickey v. Davis) 76 W.Va. 576, L.R.A. 1915 F, 840, P.U.R. 1915 E, 93, 85 S.E. 781, we find this apt expression of the court: 'The right of a citizen to travel upon the highway and transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain, in the running of a stagecoach or omnibus. The former is the usual and ordinary right of a citizen, a common right, a right common to all, while the latter is special, unusual and extraordinary. As to the former, the extent of legislative power is that of regulation; but, as to the latter, its power is broader, the right may be wholly denied, or it may be permitted to some and denied to others, because of its extraordinary nature. This distinction, elementary and fundamental in character, is recognized by all the authorities . . ."
(As to the power of the legislature to prohibit or condition special or extraordinary uses of the highway, i.e., commercial use, as it sees fit, see: Stephenson v. Binford, 287 U.S. 251, 77 L.Ed. 288, 53 S.Ct. 181, 87 A.L.R. 721, 727; Robertson v. Department of Public Works, 180 Wash. 133, 135, 39 P.2d 596 (1934); Pacific Inland Tariff Bureau v. Schaaf, 1 Wn.2d 210, 216, 95 P.2d 781 (1939)).
          Under its power to regulate private use of our highways, our legislature has required that motor vehicle operators be licensed. RCW 46.20.190. Undoubtedly, the primary purpose of this requirement is to insure, in so far as possible, that all motor vehicle operators will be competent and qualified, thereby reducing the potential hazard, or risk of harm, to which other users of the highway might otherwise be subject. But once having complied with this regulatory provision by obtaining the requisite operator's license, a motorist enjoys the privilege of traveling freely upon the public highways without unauthorized detention or restraint.
          We cannot overlook the merit in, and forcefulness of, the argument that a broad delegation of authority is essential to the enforcement of the licensing requirement (See People v. Utsman, 166 N.Y.S. (2d) 358 (1957)). However, a right as precious as the freedom of an individual who has not violated any law to travel wherever he pleases without interruption should not be denied by implication where an equally consistent construction not impairing such right is possible."
*End excerpt from WA AGO Report 59-60 No. 88.
Revised Code of Washington 36.75.010 - Definitions.- As used in this title with relation to roads and bridges, the following terms mean:
         
(11) "Highway," every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
[2005 c 161 § 1; 1984 c 7 § 26; 1975 c 62 § 1; 1969 ex.s. c 182 § 1; 1963 c 4 § 36.75.010. Prior: 1937 c 187 § 1; RRS § 6450-1.]

See chapter 161 Laws of Washington state 2005, House Bill 1599 passed 3/11/2005 Yeas 93 and Nays 0, passed by Senate 4/12/2005 Yeas 44 and Nays 0, approved 4/22/2005 by C. Gregoire, Governor of State of Washington effective date 7/24/2005.
          Who, exactly, is prepared to contend and argue that the Washington State Attorney General and Governor, who was WA Attorney General before becoming Governor, are out of their minds? Why can Americans NOT rely on these bona fide experts on the law? Who is a traffic cop or traffic court judge to contradict this proof of the right to travel, as distinguished from the privilege of operating a motor vehicle?

__________________________________________

- WA's State and Municipal Governments & Federal Crime -

          Well, right or privilege? The law says that public vehicular travel is a "matter of right" at the same time it calls the "operation of a motor vehicle" a privilege . . . WA law is virtually replete with this distinction and the language of its statutes leaves absolutely no room for interpretation.

*Begin quote of motion to dismiss:

          "3.6 A finding of guilt under any failure to place on the record proof that what was clearly a common right in 1961 according to the WA legislature is now a privilege granted by the State violates Defendantís rights to due process under WA Const. Art. I, § 3. Until it can be shown that the road or highway upon which the Defendant was traveling was not a "public highway" by law, a finding of guilt violates Defendantís rights to due process under WA Const. Art. I, § 3.
          3.7 Defendant views a failure to dismiss while the record is void of proof of personam jurisdiction (WA Sessions Laws) as an act of official misconduct in violation of RCW 9A.80.010, and as a violation of 42 USC § 1983 as a matter of policy. (See Fairley v. Luman, #99-56483 (CA9 2002), citing Pembaur v. City of Cincinnati, 475 U.S. 469, 481-82 (1986); Berg v. County of Allegheny, et al., #98-3557 (CA3 filed 7/17/2000); Monell v. Department of Social Servs., 436 U.S. 658, 691 (1978); Beck v. City of Pittsburgh, 89 F.3d 966, 971 (CA3 1996); Kneipp v. Tedder, 95 F.3d 1199, 1212 (CA3 1996)). To allow Defendant to believe heís been criminally victimized by a finding of guilt violates his rights to due process under WA Const. Art. I, § 3.

IV. RELIEF REQUESTED.

          4.1 WHEREFORE, Defendant moves this Court to dismiss this case for lack of personam jurisdiction due to Defendantís having engaged in conduct not deemed to be the "operation of a motor vehicle" as intended by the provisions and legislative history of RCW 46 Motor Vehicles.
          4.2 In the alternative, Defendant demands proof either that 1) under the law his public vehicular travel is both a privilege granted by the State and the common right the Legislature has abundantly proclaimed it to be, or 2) that the right of public vehicular travel does not exist despite the abundance of statutory references to it, or 3) that the surface he was traveling upon when cited is open to him only as a matter of privilege."

*End quote.

          And what about your local police chief and sheriff, and their patrolmen, your judges? This is only about Washington but your state likely has provisions like WA's.

RCW 9A.80.010 Official misconduct.
     (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:
          (a) He intentionally commits an unauthorized act under color of law; or
          (b) He intentionally refrains from performing a duty imposed upon him by law.
          (c) Official misconduct is a gross misdemeanor.

RCW 9A.56.030 Theft in the first degree -- Other than firearm.
     (1) A person is guilty of theft in the first degree if he or she commits theft of:
          (a) Property or services which exceed(s) one thousand five hundred dollars in value other than a firearm as defined in RCW 9.41.010; or
          (b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another.
     (2) Theft in the first degree is a class B felony.

RCW 9A.56.110 Extortion -- Definition. "Extortion" means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors.

RCW 9A.56.120 Extortion in the first degree.
     (1) A person is guilty of extortion in the first degree if he commits extortion by means of a threat as defined in RCW 9A.04.110(25) (a), (b), or (c).
     (2) Extortion in the first degree is a class B felony.

RCW 9A.28.020 Criminal attempt.
     (1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.
     (2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
     (3) An attempt to commit a crime is a:
        (b) Class B felony when the crime attempted is a class A felony other than an offense listed in (a) of this subsection;
        (c) Class C felony when the crime attempted is a class B felony;
        (d) Gross misdemeanor when the crime attempted is a class C felony;

RCW 9A.28.040 Criminal conspiracy.
     (1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.
     (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:
          (f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.
     (3) Criminal conspiracy is a:
          (b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;
          (c) Class C felony when an object of the conspiratorial agreement is a class B felony;
          (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;
          (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

RCW 9A.04.080 Limitation of actions.
          (1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
          (b) The following offenses shall not be prosecuted more than ten years after their commission:
          (i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office[.]

*In WA, if public vehicular travel is not the privilege of operating a motor vehicle, then Mr. Reichert is a felon punishable in his home state until 2013, ten years after leaving King Co. Sheriff's Office.

These are federal criminal statutes -

18 USC § 241 Conspiracy against rights. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
       If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -
       They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 USC § 242 Deprivation of rights under color of law. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 USC § 876 Mailing threatening communications.
          (a) Whoever knowingly deposits in any post office or authorized depository for mail matter, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service according to the direction thereon, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person, and containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
          (b) Whoever, with intent to extort from any person any money or other thing of value, so deposits, or causes to be delivered, as aforesaid, any communication containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both.
          (c) Whoever knowingly so deposits or causes to be delivered as aforesaid, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both. If such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.
          (d) Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. If such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.

18 USC § 880 Receiving the proceeds of extortion.
          A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both.

18 USC § 1341 Frauds and swindles.
          Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

18 USC § 1951 Interference with commerce by threats or violence.
          (a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
          (b) As used in this section -
          (1) The term ''robbery'' means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
          (2) The term ''extortion'' means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
          (3) The term ''commerce'' means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

18 USC § 1957 Engaging in monetary transactions in property derived from specified unlawful activity.
          (a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b).
          (b)(1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both.
           (d) The circumstances referred to in subsection (a) are -
          (1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or

18 USC § 1961 Definitions. As used in this chapter -
     (1) "racketeering activity" means -
          (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;

18 USC § 1962 Prohibited activities.
          (a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. . .
          (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
          (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.
          (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

18 USC § 1963 Criminal penalties.
          (a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the United States, irrespective of any provision of State law -
          (1) any interest the person has acquired or maintained in violation of section 1962;
          (2) any -
          (A) interest in;
          (B) security of;
          (C) claim against; or
          (D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and . . .

"I've never really even had a job!"

          How many public vehicular travelers are in jail, in Washington, right now under RCW 46 charges of some sort, a failure to pay a ticket, or a failure to appear in extortion court? How many thousands of automobiles were stolen from WA's residents when they became too poor to comply with the extortion? The state, and probably your state, are in the used car business under this mode of enforcement. Ignorance of the law can be the only argument for tow companies to utter against charges of racketeering over this. That goes for the insurance companies, too. We don't believe them.
          Read the provisions above again and then prove that the RCW 46 privilege code applies to "public vehicular travel as a matter of right." OR, ponder how you want your state and municipal governments to operate.

This is your only source for information about public vehicular travel!

Can your state and municipal authorities simply ignore this evidence of the right to travel?

 

WEvGOV.com

Try: pepper spray / pepper spray /