IS DRIVING A PRIVILEGE?

Larry Wood
Palmer, AK
March 27, 2003

There has been a degree of controversy for some time now regarding whether or not operating a motor vehicle on our publically funded roadways is a privilege or a right. I now understand also that obtaining a driver’s license is also a privilege according to Title 28 Sec. 15 of the Alaska Statutes. However, while I am of the persuasion that the ability of an individual to operate a motor vehicle is subject to certain limitations, both physical and mental, for obvious safety considerations; I fervently believe that obtaining a driver’s license and driving in this society are individual rights, nonetheless.

The Supreme Court of the United States has supported the idea of limiting the exercise of a right with respect to the public welfare. That is why felons cannot vote or own firearms. Are these rights revoked? No, these rights are indefinitely suspended by law upon conviction of a felony offense as part of the penalty for committing that level of offense against society.

The Supreme Court’s reasoning in the above instance is also why, at least until technology otherwise enables, society restricts the mentally and physically incapable from legally operating motor vehicles on public roadways (AS 28.15.031). (Paradoxically, there is presently no driving license requirement for the operator of an electric motored vehicle upon public roadways [AS 28.15.021(7)].)

Does this mean that those individuals so restricted do not have the same rights as any other citizen? No, it does not. It means that only their right to operate a motor vehicle on public roadways is suspended because of obvious physical barriers or judgmental deficiencies with respect to the current level of operator interface in automotive technology. When technology progresses to enable, they will drive.

Is taking a driver’s test restricted based upon an individual’s physical ability, economic status, or social standing in Alaska or any other state? No, as the ability to take the test is universal and unrestricted, except with respect to any statutory limitations imposed by society. Even the blind can take the written test. Therefore, the ability to take the test is not a privilege. Why, then, is it a ‘privilege’ to obtain a drivers license under Title 28 Sec. 15 of Alaska Statutes?

How is that the State of Alaska, or any other state in the Union for that matter, revokes a drivers license and, by doing so, the right to drive? I believe that this State nor any other state has right to revoke a right. That only a suspension of that right can be constitutionally imposed upon an individual. If that suspension is indefinite, then it has the effect of a revocation, but still acknowledges the idea of right versus privilege.

Privilege is a state induced by man, not God.

Why cannot our rights be revoked? Our rights are inalienable and endowed by our Creator, a power higher than any mortal power. This concept is unique in all the world to only our Constitution. Therefore, one must ask, “how is it that under Title 28 Sec. 15 of the Alaska Statutes has driving and obtaining a driver’s license become a privilege?”

Why is ‘privilege’ even used in our statutes?

I guess our legislators have never heard of the Great American Revolution. That ended the concept of privilege in the United States. Or, so our forefathers thought at the time.

Do you think that our troops are in Afghanistan and Iraq to defend the States’ ability to extend ‘privileges’ to we peons? Or, are they acting in defense of our Constitution and our inalienable rights?

Privilege is an anathema to our constitutional republic.