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  • stone83

    Member
    January 13, 2011 at 2:55 pm in reply to: A Few Question about statutes
    Quote:
    8-284: Public policy of state. It is hereby declared to be the public policy of the state of Kansas:

    (a) To provide maximum safety for all persons who travel or otherwise use the public highways of the state;

    (b) To deny the privilege of operating motor vehicles on such highways to persons who by their conduct, attitude and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this state, the orders of its courts and the statutorily required acts of its administrative agencies; and

    (c ) To discourage repetition of criminal acts by individuals against the peace and dignity of this state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual violators who have been convicted repeatedly of violations of traffic laws.

    History: L. 1972, ch. 32, ยง 1; July 1.

    Wow…paragraph (a) seem interesting here; I know I travel, but am I a person????? And do I really need “maximum safety” provided by the 'state of Kansas'? What kind of safety is it? What does 'public policy' mean? Am I even a member of the public? (I don't have any membership fees and/or member cards….unless, of course, they are really meaning TAXES and LICENSES.)

    If one who is sovereign could not cite this in their defense, I think I know why…because these statutes can only be enforced on FEDERAL TERRITORY, i.e. WASHINGTON D.C. (the United States).

  • stone83

    Member
    January 13, 2011 at 1:08 pm in reply to: A Few Question about statutes

    Wow, lots of good stuff here, guys! Franklin, I easily grasp the principle of which you are speaking of; great point!

    BOB12, you make some good points too. As of today, 1/12/11, the Kansas legislature website is up, but still under maintenance, it seems. I found the statutes area; it looks pretty rough right now. It appears to me that these are the new statutes, but I am unsure as to if they are the 2010 edition or 2011 edition. (I am not really sure how the publishing of statutes rules works.)

    Upon reading Chapter 8 K.S.A Article 1 Section 26 et.seq.:

    Quote:
    8-126. Definitions. The following words and phrases when used in this act shall have the meanings respectively ascribed to them herein:

    (a) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.

    (b) “Motor vehicle” means every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self- propelled.

    (c) “Truck” means a motor vehicle which is used for the transportation or delivery of freight and merchandise or more than 10 passengers.

    (d) “Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “tractor” as herein defined.

    (e) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle or load so drawn.

    (f) “Farm tractor” means every motor vehicle designed and used as a farm implement power unit operated with or without other attached farm implements in any manner consistent with the structural design of such power unit.

    (g) “Road tractor” means every motor vehicle designed and used for drawing other vehicles, and not so constructed as to carry any load thereon independently, or any part of the weight of a vehicle or load so drawn.

    (h) “Trailer” means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

    (i) “Semitrailer” means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

    (j) “Pole trailer” means any two-wheel vehicle used as a trailer with bolsters that support the load, and do not have a rack or body extending to the tractor drawing the load.

    (k) “Specially constructed vehicle” means any vehicle which shall not have been originally constructed under a distinctive name, make, model or type, or which, if originally otherwise constructed shall have been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

    (l) “Foreign vehicle” means every motor vehicle, trailer or semitrailer which shall be brought into this state otherwise than in ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.

    (m) “Person” means every natural person, firm, partnership, association or corporation.

    (n) “Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or in the event a vehicle is subject to a lease of 30 days or more with an immediate right of possession vested in the lessee; or in the event a party having a security interest in a vehicle is entitled to possession, then such conditional vendee or lessee or secured party shall be deemed the owner for the purpose of this act.

    (o) “Nonresident” means every person who is not a resident of this state.

    (p) “Manufacturer” means every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

    (q) “New vehicle dealer” means every person actively engaged in the business of buying, selling or exchanging new motor vehicles, travel trailers, trailers or vehicles and who holds a dealer's contract therefor

    from a manufacturer or distributor and who has an established place of business in this state.

    (r) “Used vehicle dealer” means every person actively engaged in the business of buying, selling or exchanging used vehicles, and having an established place of business in this state and who does not hold a dealer's contract for the sale of new motor vehicles, travel trailers, trailers or vehicles.

    (s) “Highway” means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term “highway” shall not be deemed to include a roadway or driveway upon grounds owned by private owners, colleges, universities or other institutions.

    (t) “Department” or “motor vehicle department” or “vehicle department” means the division of vehicles of the department of revenue, acting directly or through its duly authorized officers and agents. When acting on behalf of the department of revenue pursuant to this act, a county treasurer shall be deemed to be an agent of the state of Kansas.

    (u) “Commission” or “state highway commission” means the director of vehicles of the department of revenue.

    (v) “Division” means the division of vehicles of the department of revenue.

    (w) “Travel trailer” means every vehicle without motive power designed to be towed by a motor vehicle constructed

    primarily for recreational purposes.

    (x) “Passenger vehicle” means every motor vehicle, as herein defined, which is designed primarily to carry 10 or

    fewer passengers, and which is not used as a truck.

    (y) “Self-propelled farm implement” means every farm implement designed for specific use applications with its

    motive power unit permanently incorporated in its structural design.

    (z) “Farm trailer” means every trailer as defined in subsection (h) of this section and every semitrailer as defined in

    subsection (i) of this section, designed and used primarily as a farm vehicle.

    (aa) “Motorized bicycle” means every device having two tandem wheels or three wheels, which may be propelled by

    either human power or helper motor, or by both, and which has: (1) A motor which produces not more than 3.5 brake horsepower; (2) a cylinder capacity of not more than 130 cubic centimeters; (3) an automatic transmission; and (4) the capability of a maximum design speed of no more than 30 miles per hour.

    (bb) “All-terrain vehicle” means any motorized nonhighway vehicle 50 inches or less in width, having a dry weight

    of 1,500 pounds or less, traveling on three or more nonhighway tires, having a seat designed to be straddled by the operator. As used in this subsection, nonhighway tire means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less.

    (cc) “Implement of husbandry” means every vehicle designed or adapted and used exclusively for agricultural operations, including feedlots, and only incidentally moved or operated upon the highways. Such term shall include, but not be limited to:

    (1) A farm tractor; (2) a self-propelled farm implement; (3) a fertilizer spreader, nurse tank or truck permanently mounted with a spreader used exclusively for dispensing or

    spreading water, dust or liquid fertilizers or agricultural chemicals, as defined in K.S.A. 2-2202, and amendments thereto, regardless of ownership;

    (4) a truck mounted with a fertilizer spreader used or manufactured principally to spread animal dung;

    (5) a mixer-feed truck owned and used by a feedlot, as defined in K.S.A. 47-1501, and amendments thereto, and specially designed and used exclusively for dispensing food to livestock in such feedlot.

    (dd) “Motorized wheelchair” means any self-propelled vehicle designed specifically for use by a physically disabled person that is incapable of a speed in excess of 15 miles per hour.

    (ee) “Oil well servicing, oil well clean-out or oil well drilling machinery or equipment” means a vehicle constructed as a machine used exclusively for servicing, cleaning-out or drilling an oil well and consisting in general of a mast, an engine for power, a draw works and a chassis permanently constructed or assembled for one or more of those purposes. The passenger capacity of the cab of a vehicle shall not be considered in determining whether such vehicle is an oil well servicing, oil well clean-out or oil well drilling machinery or equipment.

    (ff) “Electric personal assistive mobility device” means a self-balancing two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

    (gg) “Electronic certificate of title” means any electronic record of ownership, including any lien or liens that may be recorded, retained by the division in accordance with K.S.A. 2010 Supp. 8-135d, and amendments thereto.

    (hh) “Work-site utility vehicle” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. “Work- site utility vehicle” does not include a micro utility truck or recreational off-highway vehicle.

    (ii) “Micro utility truck” means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured and is manufactured with a metal cab. “Micro utility truck” does not include a work-site utility vehicle or recreational off-highway vehicle.

    (jj) “Golf cart” means a motor vehicle that has not less than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be and is operated at not more than 25 miles per hour and is designed to carry not more than four persons including the driver.

    (kk) “Recreational off-highway vehicle” means any motor vehicle 64 inches or less in width, having a dry weight of 2,000 pounds or less, traveling on four or more nonhighway tires, having a nonstraddle seat and steering wheel for steering control.

    It seems that the term 'vehicle' is the most important term here because it is ONLY these devices which 'upon or by which any person or property is or may be transported or drawn upon a public highway'. 'Transported' isn't defined here but we know that this is describing a regulated commercial activity.

    I would then say that the term 'person' is also of interest because 'means every natural person, firm, partnership, association or corporation'. “Natural person” is not defined elsewhere within K.S.A. 8-126 which leaves the interpretation of the term “Person” open to ambiguity, same as the element of 'transporting'; ambiguity!

    Quote:
    (s) “Highway” means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term “highway” shall not be deemed to include a roadway or driveway upon grounds owned by private owners, colleges, universities or other institutions.

    This seems to me, that the legislature is admitting that there is a 'right for the purpose of vehicular travel' upon the highways.

    OH HOLY COW, I just noticed something!!! The Kansas Statutes Annotated Vehicular Code DOES NOT mention anywhere the word/term “automobile”. Hmm…does this mean that the State of Kansas doesn't have automobiles? Would this word 'automobile' be a good word to describe one's property – a car and NOT a 'vehicle' – and simultaneously not be describing a tool of interstate commerce that is subject to regulation and fines and taxation?


    Upon further research of Family Guardian's Great IRS Hoax, I have found the “Know your citizenship status and rights” table of rights. Under “Right to travel”, I have read those sections of those cases involving the “right to travel”. I also found a good site to view the Article of Confederation, specifically to travel back and forth between states freely. (Sorry about the broken sentence, but I think you guys know what I'm talking about.)

    Of peculiar concern is that there is “No fundamental right to have or to register a car” The Great IRS Hoax citing Williams v. Vermont, 472 U.S. 14 (1985). Does this mean that there is no right to have a car? If not, how does the state have jurisdiction to give us permission to purchase, then subsequently use it for purposes of private travel? But do we have a right to own and use private personal property, not excluding cars or automobiles? (I am sure we do, that was more of a redundant question.)


    Seems that the Topeka Municipal Court is of 'limited jurisdiction and record' according to its own website. I even think I read somewhere that the only record is pretty much the 'written' record. This 'written' record is pretty much any and all documents one would file to the court and ultimately serve on the prosecution as a matter of process, right? There is no audio record, is there? Would one still NEED to verbally say to the judge that they are specially visiting the court, not voluntarily but under duress becuase under threat of arrest if I don't, and invoking the common law jurisdiction of the court and reserving all rights without prejudice and holding all public officers, prosecutors, and clerks liable for any deprivation of one's constitutionally protected natural rights? (Or does talking not even really matter in this court?)


    WHOA, hold on there Bessy! What did I just find?!! Why, a big 'ol pile of recently stepped-in bullsh*t!!! READ THIS:

    Quote:
    8-235e: Application for driver's license, instructional permit or nondriver's identification card constitutes consent to selective service registration.

    (a) Any person, who is subject to registration under the provisions of section 3 of the military selective service act, 50 U.S.C. App. section 453, as amended, and who applies for any driver's license or instructional permit under the provisions of article 2 of chapter 8 of the Kansas Statutes Annotated, or any nondriver's identification card [These are state I.D.'s most 21 year olds use to go drinking. They are also used by people who need state I.D. for some purpose or another.] under the provisions of K.S.A. 8-1324 through 8-1334, and amendments thereto, or any renewal of such driver's license, instructional permit or nondriver's identification card and who is at least 16 years of age but less than 26 years of age [Again, most 'kids' who don't know about this stuff AT ALL!!!!!] shall consent to such applicant's registration in compliance with the requirements of section 3 of the military selective service act, 50 U.S.C. App. section 453, as amended.

    (b) The division of vehicles shall forward, in an electronic format, the necessary personal information of the applicants identified in subsection (a), to the selective service system. [WAiT a minute, this sounds like that 'kidnapping' stuff ya'll is talkin' about on FG and SEDM! Isn't this along the lines of 'bearing false witness', or 'witness tampering', or maybe other tortious actions against this victim of fraud?] The applicant's signature on the application shall serve as an indication that the applicant either has already registered with the selective service system or that the applicant is authorizing the division of vehicles to forward to the selective service system the necessary information for such registration. The division of vehicles shall notify the applicant [WHEN?! I don't know as if I ever knew this? If I can't remember, or, I didn't REALLY give my consent to this, then my signature was void ab initio!] that the applicant's submission of the application will serve as the applicant's consent to registration with the selective service system, if such registration is required by federal law.

    History: L. 2003, ch. 41, ยง 1; July 1.

    [Emphasis added by me]


    Whew! I did more reading than you guys know!

    So yeah, statutes aren't what I need to defend myself. I just pretty much need my state's constitution, federal constitution, articles of confederation, and maybe some court case cites like those found in the Great IRS Hoax, and of course my Bible!

    Now then, where did you guys learn about the special pleadings in common law to get remedy in traffic court (or county district court)? Motions to Dismiss seem to be the norm here. Why am I even looking at statutes for Civil Procedure in my state if statutes cannot be used to sustain grounds of sovereignty?

    This is where I don't understand statutes of my state and how they relate to me. It's kind of confusing when I see 'don't use statutes' and 'look up your states rules of civil/criminal procedure'. Both are statutes.

  • stone83

    Member
    December 30, 2010 at 5:58 am in reply to: Informative Video on Traffic Court Trials

    Sorry, I was tired when I posted the last post. Upon further review, my questions seem posed to imply requesting legal advice. They are NOT meant as legal advice seeking questions.

  • stone83

    Member
    December 29, 2010 at 6:40 am in reply to: Informative Video on Traffic Court Trials
    'BOBT12' wrote on '28:

    'stone83' wrote on '28:

    I found this set of videos on Youtube. This guy's name is James Hardin. I am studying some of the things he talks about and he seems to be very educated in Constitutional Law and American Jurisprudence. There are 16 videos in all (the last video is incorrectly numbered '15' so there are two '15' videos). I will post the first video which should bring up a list of the rest of the videos at the bottom of your browser window.

    I have to go to Municipal Court tomorrow for a 'traffic citation' (yes, another one). I think I will do what this guy does. No sense in taking part in 'administrative' proceedings when I am entitled to a 'judicial' proceeding in an Article 3 court with an Article 3 judge and a jury of 12 of my peers.

    Please share your thoughts on this guy's presentation!

    Beating Traffic Tickets by James Hardin

    We have gone over much of this subject in another thread. Nevertheless, here is a quick review, you might consider stating your case at Municipal Court, a Court Not of Record, and appeal any negative decision to a District Court, a Court of Record (de novo (new) trial).

    By the way, good luck in court.

    Thanks Bob12! I went back and read the other thread. A couple questions come to mind though.

    1. Can I use the statutes of the Kansas Rules of Civil Procedure even though I am a 'nonresident alien non-individual' to the corporate state of Kansas? (by 'USE' I mean to quote in motions, verbally/written on record, etc)

    2. The Municipal Court of Topeka has the case docketed as a criminal case/misdemeanor (citation includes no insurance charge, i.e. misdemeanor). Does Civil procedure even matter right now?

  • stone83

    Member
    December 28, 2010 at 8:34 pm in reply to: Informative Video on Traffic Court Trials

    Oh. I typed his name in the search bar over to the right but nothing came up. How am I supposed to use that search bar because obviously I didn't type it right or I would have seen his name come up. Sorry for the double post of subject matter material.

  • stone83

    Member
    December 27, 2010 at 6:23 pm in reply to: Just got a speeding ticket

    What ever happened to that ticket? Update?

  • stone83

    Member
    December 15, 2010 at 8:02 am in reply to: One-Heaven: United States of Spirits

    It's almost a little creepy (but that's just my opinion)…interesting indeed. Does admin have any more opinion about this site?

  • stone83

    Member
    December 1, 2010 at 5:36 am in reply to: Lessons from the fall of Rome

    What's wrong with Canada (sasqachewan), eh?

  • stone83

    Member
    November 15, 2010 at 10:19 am in reply to: I just got a "No Seat Belt" Infraction

    [SITUATIONAL UPDATE as of Nov. 15, 2010]

    Last Friday I called the traffic court clerk. I asked what was required of me if I wanted to request a continuance of the hearing (for the docket). The lady told me that I wasn't required to show up on the date that is on the ticket; I could either pay the $5 before the date on the ticket OR if I did NOT show up (not required either) then the judge would give me 30 days to pay the court $5 for not wearing a seat-belt. I then told her that I did want to have a trial, but I just needed a continuance. She asked if I wanted my case to go to trial. I said, “Yes, absolutely.” She gave me a date in December and said that this hearing date would be mandatory – I have to show up because I am requesting a trial. I then asked her if the trial would be in a court of record, unlike the docket hearing date on the ticket. She said the trial WOULD be recorded and have a record and that the judge would subpoena the officer to the trial. I asked her if I had to do anything else as far as paperwork goes. She said I did not need to do anything else except show up for the trial and bring any witnesses or other evidence with me on that day.

    So, looks like it's December 14th at 1:30pm now. Time to do some more research on what I need to do before court, and during court. (I am nervous and still a bit confused about the whole court thing – I am worrying about what they will do to me….)

  • stone83

    Member
    October 28, 2010 at 10:54 pm in reply to: IRS Audit of Grandpa

    THAT is funny, Author #2! Thanks for the laugh! tongue.gif

  • stone83

    Member
    October 23, 2010 at 7:02 pm in reply to: Path To Freedom

    What's up, Everyone?! Hope you guys/gals are doin' good today! ๐Ÿ˜Ž

    I don't know if this post will be acceptable, but I am posting this info for the good of everyone who may be reading and/or completing the steps 1-14 in the Path to Freedom document.

    As of today, 10-23-10, the steps 1-14 have been rearranged to reflect a more proper sequence of education. The change also prevents people from committing perjury, clears up some confusion, and helps to eliminate conflict in reasoning.

    I strongly suggest that everyone currently (or considering) completing steps 1-14 of Path to Freedom to re-view/re-download/RE-READ the updated version BEFORE proceeding – doing this MAY prevent you from committing perjury. (I do not know if SEDM will reflect the revision date on their 'FORMS/PUBS' page OR the document itself. This point is specifically discussed in their forums in a similar post.)

    You guys have yourselves a good day, now! ๐Ÿ˜›

    Peace

  • stone83

    Member
    October 18, 2010 at 9:30 pm in reply to: Black's Law Dictionary First and Second Edition Online

    I actually rented the Second Edition from Washburn Law Library. This book has to be at least 4 inches thick – but the definitions are very clear and understandable.

  • stone83

    Member
    October 16, 2010 at 1:09 am in reply to: Orwellian DoubleThink: Rights are Privileges

    I just read that rain-water tax story. That IS insane!

    I can't help it….I think America, as we know it, is about to change for even WORSE than Nazi Germany.

    Last year at this time, my local newspaper was running stories about how the Homeless Shelter is having to turn people away for lack of room and beds. This year, there are no stories about that.

    A month ago, there was a story about one of the food 'pantries' (controlled by the gov.) not getting enough food to feed needy people.

    And, just recently, there was a happy-go-lucky news piece that talked about the City Council people eating pie without their hands……whooopeeeeee dooooooooo!!!!

    (Kansas – as dumb as you think, lolololol)

    It is a sad state of affairs when there is mostly just BAD NEWS on the airwaves/TV/internet.

    (Don't worry, be happy, I guess cool.gif )

  • That video was absolutely horrific!!!! I feel rage and anger. Wow…just wow.

    Why? I will be glad when the day comes that 'police' forces (as we know them today) are abolished and prohibited and known as criminal activity.

  • stone83

    Member
    October 14, 2010 at 10:20 pm in reply to: I just got a "No Seat Belt" Infraction

    [SITUATIONAL UPDATE AS OF 10-14-10]

    The case listing me as 'DEFENDANT' for this traffic infraction has been docketed.

    I have just a couple educational questions:

    1. Is it at all possible to handle this type of case with paperwork AND without having to physically show up at court?

    2. Have any of you went and did a 'sit-in' at any traffic courts? If so, will you kindly share your experience.

    I plan on doing a 'sit-in' next week at this particular traffic court to see how things go during “their” business day.

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