STATE OF NORTH CAROLINA OFFICE OF ADMINISTRATIVE HEARINGS 6714 MAIL SERVICE CENTER RALEIGH NORTH CAROLINA Petitioner Ticket # C

Transcription

1 STATE OF NORTH CAROLINA OFFICE OF ADMINISTRATIVE HEARINGS 6714 MAIL SERVICE CENTER RALEIGH NORTH CAROLINA Rodney Dale; Class C/o P.O. Box 435 High Shoals, North Carolina Petitioner Ticket # C Vs NEW CASE # 10 DOT 7047 Administrative Law Judge J.RANDALL MAY SECRETARY LYNDO TIPPETT ATTN; LEGAL AFFAIRS 1505 MAIL SERVICE CENTER RAGEIGH,NC North Carolina Motor Vehicle License Plate Agency 1471 E Franklin Blvd Gastonia, NC ATTORNEY PENNIE M THROWER 201 W SECOND AVENUE, SUITE F POST OFFICE BOX 279 GASTONIA, NORTH CAROLINA Administrative Defendants Governor Bev Perdue Office of the Governor Mail Service Center Raleigh, NC Just a notify of administrative violation DISCOVERY REQUEST FOR

2 NOW, COME. The Petitioner Rodney Dale; Class with a REQUEST FOR DISCOVERY for the financial report from Gastonia County, County Commissioners & The Mayor & City Council of Gastonia, Mayor & City Council of the City of Dallas and the Mayor and City Council of High Shoals. This report would cover the federal funding under the Highway Safety Act as found in 23 CFR sections This part establishes guidelines for the States to assure their meeting the requirements for 40 percent political subdivision participation in State highway safety programs under 23 U.S.C. 402 (b)(1)(c). This request would provide that the STATE OF NORTH CAROLINA and the Department of Transportation are meeting or have not met the federal regulation and guidelines and that the political subdivisions are receiving their share on ever traffic stop. The Petitioner will place into the record the State of Georgia House Bill 875 Right to Travel Act. This new Bill defines the issue before this Administrative Hearing.. What the Petitioner is bringing before this Administrative Hearing is not unreasonable. The STATE OF NORTH CAROLINA and the Department of Transportation has over stepped their administrative authority. This New legislative Bill before the Georgia legislation points out the issue. House Bill 875 By: Representative Franklin of the 43 rd

3 A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Right to Travel Act." SECTION 2. The General Assembly finds that: (1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right; (2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners

4 and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above. (3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights; (4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel; (5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights; (6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the

5 public highways or in public places while conducting himself or herself in an orderly and decent manner; and (7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege. SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Now unless the defendants can prove that the people of North Carolina are not free people and can show under the Constitutions, Federal and State that the Administrative side of the government has the authority to violate the power to abrogate the people right to travel freely or enforce codes that violate the power of abrogate of the people right secured under Federal & North Carolina Constitution and Federal Regulation & Codes and their own NCGS. The Administration and its agents are in violation

6 Section 1. The equality and rights of persons. We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. Sec. 2. Sovereignty of the people. All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. The Petitioner has address in his earlier filing by what authority does the defendants have the lawful right and lawful authority to disregard public policy as defined by the united States Supreme Court, Federal regulation and even misconstrue their own State General Statutes. The Defendants are request to disclose this lawful authority. The defendants are required to produce such documents for 40 percent political subdivision participation in State highway safety programs to the above three cities in the opening statement of this document. If the defendants can not provide such financial documents this then prove the administrative violation of their failure to comply with their contract / treaty with the federal government. The defendants are required to answer the issue in the 1 st complaint by what authority. The defendants are required to define their public office as a Constitutional public office to uphold the Constitution or a Corporation. These issue need to be answered as these are administrative issue. Thank you Rodney Dale; Class C/o P.O. Box 435 High Shoals, North Carolina 28077

7 CC SECRETARY LYNDO TIPPETT ATTN;LEGAL AFFAIRS 1505 MAIL SERVICE CENTER RAGEIGH,NC North Carolina Motor Vehicle License Plate Agency 1471 E Franklin Blvd Gastonia, NC ATTORNEY PENNIE M THROWER 201 W SECOND AVENUE, SUITE F POST OFFICE BOX 279 GASTONIA, NORTH CAROLINA Administrative Defendants Governor Bev Perdue Office of the Governor Mail Service Center Raleigh, NC Just a notify of administrative violation

8 SECRETARY LYNDO TIPPETT ATTN;LEGAL AFFAIRS 1505 MAIL SERVICE CENTER RAGEIGH,NC North Carolina Motor Vehicle License Plate Agency 1471 E Franklin Blvd Gastonia, NC ATTORNEY PENNIE M THROWER 201 W SECOND AVENUE, SUITE F POST OFFICE BOX 279 GASTONIA, NORTH CAROLINA Governor Bev Perdue Office of the Governor Mail Service Center Raleigh, NC STATE OF NORTH CAROLINA OFFICE OF ADMINISTRATIVE HEARINGS 6714 MAIL SERVICE CENTER RALEIGH NORTH CAROLINA