Welcome to Motorists' Rights
Motorists' Rights... Matter, because we are a Nation governed by the concent of the governed. Our founders preserved our inalienable rights when they drafted the U.S. Constitution, by placing 'We the People' superior to the nature of power and greed of those that wield it; a concept our current overseers have forgotten. We're here to remind, or compel them to remember and respect our Constitution.
Today, more than 90 percent of traffic citations issued, and the majority of traffic stops, have no factual foundation from a safety perspective. Worse is the entitlement attitude of public officials who sustain and expand these revenue streams and power for themselves and their interest-aligned constituents, not “We the People.” This problem is compounded by a faux court system whose very existence has become dependent on these illicit enterprises where the Rule of Law need not apply - but they do have payment plans.
It's not just about the public theft, it's the cost in lives and mayhem that this diversion of process has caused. According to the FHWA own estimates there are up to 15,000 deaths a year attributed to poor practices that NHTSA's FARS data intentionally excludes, and most reports by the TRB (Transportation Research Board) and NCHRP (National Cooperative Highway Research Program) are wholly based on known unfounded data. Add to this vehicle and roadway standards, practices and policies that exacerbate known problems at the clear expense of both safety, and due process of law. And for pocket money, they issue or benefit from the 60 million plus citations written each year (revenue and as pretext stops) for what the FHWA itself classifies as otherwise safe driving.
When stated in plain english - the USDOT, IACP, IIHS, Governor's Association, Legislatures, Courts et al have become mass killers (man slaughter) and organized criminal enterprises. Or you can pick your own terms that would best describe entities whose collective malfeasance, quest for power or political gain and self interest is now directly responsible for thousands deaths and tens of thousands maimed each year, and millions more being subjected to economic mayhem for the benefit of a few. Entities that have come to care less about the rule of law, the consequences of their acts or the common good of 'We the People'.
This public theft entitlement mentality is not unique to the United States, around the world (UK, Australia, EU et al) public officials have crowned themselves King(s), and have ordered their powerless sheeple to be fleeced at will. Here in the U.S. our public officials have decreed themselves KING Powers to fleece us, too! What they seem to have forgotten is something called the U.S. Constitution, where its 'We the People' who delegate the scope of regulatory power to our government.
Why would anybody advocate federal supremacy for any cause? First and foremost because 'We the People' is more than slogan, our Constitution is truly on our side and so are our Nation's traffic law foundations and they can make us safer. Fact based empirical findings and governance based on the Common Good is the only way we can have safe roads and due process and the sooner we return to it, the better. The federal laws are already there, we don't need new ones per se, all we need to do is require all to follow them.
Our advocacy here is an unique application of federal supremacy, because it holds that for safety and due process to be served, the local engineers who have responsibility for traffic control must perform a comprehensive engineering study (safety audit) reviewing each roadway to assure traffic control meets the needs of traffic, it SHALL be documented, and that all decisions thereon are based on a finding of fact, applying only their licensed profession’s nationally recognized best practices.
The reality, this is rarely done and when it is it doesn't conform with the governing laws. The law says the engineer is directed to make a finding, outlining all the prescribed remedies that could accomplish optimum safety/compliance, and then the roadway’s regulatory authority, can chose which of the authorized remedies to adopt. It is the duty of the regulatory authority to codify it per the conditions precedent and protections of the Law of the Land, to give it the force of law. Further, a seizure vis-à-vis a traffic stop that has no factual foundation violates the 4th amendment.
Even those responsible engineers that know what we are saying is true and want to do the right thing, also universally say there is no funding or political will or support to accomplish it. First, every entity in the country already certifies they are in compliance, which is a joke. As for the funding, if the local entity has the money to enforce the laws 24/7 365 days a year, then they also have the resources to make sure its laws are lawfully established; and the funds to do safety audits on the same roadways; requiring a few dozen man hours each, once every 5 years.
Despite the apparent belief of some within the USDOT in Washington, DC, it cannot in any manner facilitate unconstitutional federal administrative regulations or sanction conflicting state laws, non-conforming local customs, political whim or conjecture, permit anarchy in application, expectation or the related safety and due process or equal protection implications, or abrogate its standards oversight obligation. Nor can an administrative CFR clause contrary to the Constitution or Congress’ intent or a “shall” condition of a federal regulation be asserted to be a mere suggestion or guideline or be ignored altogether, or can any non-conforming state law or practice be grandfathered in, or be superior to federal law.
What's even more shocking as a citizen is the USDOT, as a matter of practice, suppresses scientific findings that are contrary to their public positions. In addition, they have manipulated the process to assure favorable outcomes. In the public relations realm, they have become a propaganda agency in every since of the word. Proving the axiom: There is a direct correlation to the finding, and the source of the funding. We have the 6th amendment and this fraud can be exposed and challenged, we are not powerless!
The Supremacy Clause invalidates state laws and federal agency administrative rules that interfere with, or are contrary to the US Constitution or the intent of Congress. As such, the USDOT is not empowered to abrogate or subvert these mandates, only enforce them. Here is a sample of how it is argued in state court, the law tells a very different story. and federal court
Traffic Control, Vehicle Codes and Laws shall be uniformly applied and they Must Have Factual Foundations. All laws have unintended consequences, and because the MUTCD is the minimum engineering, application and safety standard for traffic control on that applies to all highways open to public travel equally, regardless of type or class or the public agency having jurisdiction. Any practice or standard not consistent with its uniformity and safety mandates is, on its face, unlawful.
The best part is the engineering profession has long recognized that most citizens will behave in a reasonable manner as they go about their daily activities.
Thus, traffic laws that are based upon behavior of reasonable motorists are found to be successful. Laws that arbitrarily restrict the majority of motorists encourage wholesale violations, lack of public support, and usually fail to bring about desirable changes in driving behavior or safety.
- Driving behavior is an extension of our social attitude, and the majority of drivers respond in a safe and reasonable manner, as demonstrated by their good driving records.
- The careful and competent actions of a reasonable person should be considered legal.
- Laws are established for the protection of the public and the regulation of unreasonable behavior of an individual.
- Laws cannot be effectively enforced without the consent and voluntary compliance of the public majority.
Whereas, our Constitution requires fact based laws, due process, equal protection and the exercise of police power and regulation thereof, to be uniform regardless of state lines, entity type, or classification on any roadway or bike path open to public travel within the U.S. or its territories.
The U.S. Constitution Article 1(8) delegated Congress to oversee the nation’s general welfare, national defense, commerce, its roadways and that all regulation thereof shall be uniform. Because all roadways are under Congress’ regulatory authority and the Constitution; all regulations, duties, imposts and excises, traffic control, vehicle codes and laws shall be uniform throughout the United States, fact based and applied equally regardless of entity classification, state lines or jurisdiction.
What does this mean to you? Our local laws regarding motorists are largely unconstitutional and can be easily challenged even at the local level. It's time to return to laws that are fair, make us safer and are there to advance the Common Good of 'We the People', not the self interest of a few. Help us empower you to take our country back.