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Re: [tips_and_tricks] Re: Request for Help: Denton County Traffic

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  • Email41@aol.com
    In addition to the cases cited below, I found on the internet and verified several of them in my local law library cases in the UCC Reporter calling private
    Message 1 of 26 , May 4, 2009
      In addition to the cases cited below, I found on the internet and verified several of them in my local law library cases in the UCC Reporter calling private automobiles as household goods.

      "Under the UCC §9-109 there is a real distinction between goods purchased for personal use and those purchase for business use.  The two are mutually exclusive and the principal use to which the property is put should be considered as determinitive".
      James Talcott, Inc. v. Gee, 5 UCC rep. Serv. 1028, 266 cal.App.2d. 384, 72 Cal..Reptr. (1968).
                                         
      "The use to which an item is put rather than its physical characteristics determine whether it should be classified as 'consumer goods' under UCC §9-109(1) or 'equipment' under UCC §9-109(2)". 
      Grimes v. Massey Ferguson, Inc., 23 UCC Rep. Serv. 655, 355 So. 2d. 338 (Ala., 1978)

      "The classification of goods in UCC §9-109 are mutually exclusive". 
      McFadden v. Mercantile-Safe Deposit & Trust Co., 8 UCC Rep. Serv. 766, 260 Md. 601, 273, A.2d. 198 (1971)

      "The term 'household goods'..includes everything about the house that is usually held and enjoyed therewith and that tends to the comfort and accommodation of the household". 
      Lawwill v. Lawwill, 515 P.2d. 900, 903, 21 Ariz.App.75 , 19A Words and Phrases - Permanent Edition (West) pocket part 94.
                     
      "Automobile purchased for the purpose of transporting buyer to and from his place of employment was 'consumer goods' as defined in UCC §9-109". 
      Mallicoat v. Volunteer Finance & Loan Corp., 3 UCC Rep. Serv.  1035, 415 S.W.2d. 347 (Tenn.App., 1966)   

      " A carriage is peculiarly a family or household article.  It contributes in a large degree to the health, convenience, comfort and welfare of the householder or of the family". 
      Aurther v. Morgan., 113 U.S. 495, 500, 5 S.Ct. 241, 243 (S.D.Ny 1884)




      “A carriage is peculiarly a family or household article. It contributes in a large degree to the health, convenience, comfort, and welfare of the householder or of the family.” Arthur v Morgan, 113 U.S. 495, 500, 5 S.Ct.  241, 243 (S.D. NY 1884).

      “The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed.  825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).  “A soldier’s personal automobile is part of his “household goods[.]” U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235” 19A Words and Phrases - Permanent Edition (West) pocket part 94.

      “[I]t is a jury question whether... an automobile... is a motor vehicle[.]” United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983).






      **************
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    • Email41@aol.com
      Attached is an interesting Memorandum regarding the automobile and its registrations requirements. It is geared toward California. ************** A Good Credit
      Message 2 of 26 , May 5, 2009
        Attached is an interesting Memorandum regarding the automobile and its registrations requirements. It is geared toward California.


        **************
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      • Chico Rhasiatry
        I think the presence of a plate and a driver s license is prima facia evidence that can be rebutted. Remember, if you rebutt and cite the afformentioned facts,
        Message 3 of 26 , May 8, 2009
          I think the presence of a plate and a driver's license is prima facia evidence that can be rebutted. Remember, if you rebutt and cite the afformentioned facts, the prosecutor must prove that you were suppose to be getting paid. Also, the application for a driver's license is not actually an application; it is an affidavit. Can one use a vehical registered as commercial to travel when he/she is not working? Of course! No one can always be at work behind the wheel. Everyone behind the wheel is not a driver, but if he does not have a plate, he will be threatened with violence. Therefore, having a plate does not mean the one behind the wheel is a driver.

          Make sure your rebuttal precedes you in paper work before you make a special appearance or the truth will not be allowed to be heard.
          Remember, your peers will not have a clue.

          --- In tips_and_tricks@yahoogroups.com, Bernie Besherse <Founder@...> wrote:
          >
          > Shalom, all uh y'all!!!
          > I had hoped not to have to enter this thread again, or have to take the time to further explain why the traffic signs in Texas don't apply to private, non-commercial travelers, but such was not the case. Here is a more complete explanation.
          >
        • jim
          Hey legalbear, Am I banned from posting? If yes, may I ask why? Jim Stiner ... From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com]
          Message 4 of 26 , May 8, 2009
          • jai mann
            A little trick that I ve been using to circumvent the issue of not having a plate (because you WILL stand out and get harassed) was to just have a custom front
            Message 5 of 26 , May 8, 2009
              A little trick that I've been using to circumvent the issue of not having a plate (because you WILL stand out and get harassed) was to just have a custom front and back made with the name of the dealer and the brand of the car (start observing these plates to come up with your own ideas which will blend in...). I live on an entirely different coast now but I haven't been pulled over yet. You stand out less because there are others who are driving with actual dealer plates on their car. My research indicates that I'm not "breaking" the law. I stand out less and I don't submit to the organized fraud/ theft that is the DMV. You'll get over the adrenaline rushes from seeing police after a number of encounters when you aren't punished by being targeted (although it could happen). Just keep your car in good shape, drive responsibly, and you're in the clear. I don't have to worry about all the bills associated with commerce related "privileges" (license, emissions, plates, tags,etc.).


              =) Freedom is a nice thing
              --- On Fri, 5/8/09, jim <jim118@...> wrote:
              From: jim <jim118@...>
              Subject: RE: [tips_and_tricks] Re: Request for Help: Denton County Traffic
              To: tips_and_tricks@yahoogroups.com
              Date: Friday, May 8, 2009, 8:34 PM



              I think the presence of a plate and a driver's license is prima facia evidence that can be rebutted. Remember, if you rebutt and cite the afformentioned facts, the prosecutor must prove that you were suppose to be getting paid. Also, the application for a driver's license is not actually an application; it is an affidavit. Can one use a vehical registered as commercial to travel when he/she is not working? Of course! No one can always be at work behind the wheel. Everyone behind the wheel is not a driver, but if he does not have a plate, he will be threatened with violence. Therefore, having a plate does not mean the one behind the wheel is a driver.

              Make sure your rebuttal precedes you in paper work before you make a special appearance or the truth will not be allowed to be heard.
              Remember, your peers will not have a clue.

              --- In tips_and_tricks@ yahoogroups. com, Bernie Besherse <Founder@... > wrote:
              >
              > Shalom, all uh y'all!!!
              > I had hoped not to have to enter this thread again, or have to take the time to further explain why the traffic signs in Texas don't apply to private, non-commercial travelers, but such was not the case. Here is a more complete explanation.
              >




            • Frog Farmer
              ... That was a great idea. I made my own out of plexiglass and 3M colored marking tapes. It was designed to look like a real plate to anyone who didn t look
              Message 6 of 26 , May 10, 2009
                jai mann wrote:
                > A little trick that I've been using to circumvent the issue of not
                > having a plate (because you WILL stand out and get harassed) was to
                > just have a custom front and back made with the name of the dealer and
                > the brand of the car (start observing these plates to come up with
                > your own ideas which will blend in...). I live on an entirely
                > different coast now but I haven't been pulled over yet. You stand out
                > less because there are others who are driving with actual dealer
                > plates on their car. My research indicates that I'm not "breaking" the
                > law. I stand out less and I don't submit to the organized fraud/ theft
                > that is the DMV. You'll get over the adrenaline rushes from seeing
                > police after a number of encounters when you aren't punished by being
                > targeted (although it could happen). Just keep your car in good shape,
                > drive responsibly, and you're in the clear. I don't have to worry
                > about all the bills associated with commerce related "privileges"
                > (license, emissions, plates, tags,etc.).

                That was a great idea. I made my own out of plexiglass and 3M colored
                marking tapes. It was designed to look like a real plate to anyone who
                didn't look at any of the details, then it was made to be a joke.
                Instead of "California" it said "Constitution"; instead of Feb(ruary) it
                had Fab(ulous). The big letters were FREE2B. It was so good it got
                parking tickets made out to it and left on the windshield!

                Regards,

                FF
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