Atlanta, GA asked in Traffic Tickets, Contracts and Civil Rights for Georgia

Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

3 Lawyer Answers
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If you're going to operate a motor vehicle on public roads, you need a license, insurance and vehicle registration. You have a right to travel, but doing it in a motor vehicle on public roads is a privilege and the government regulates that.

Tim Akpinar agrees with this answer

7 users found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Traffic Tickets Lawyer
  • Sacramento, CA

A: Navigating the fine line between what is considered a "right" and a "privilege" when it comes to operating a motor vehicle on public roads can be a complex endeavor. It is essential to base our understanding on established laws and court rulings to offer a precise answer.

In the United States, it is generally required for all drivers to have a valid driver's license, vehicle registration, and insurance to legally operate a motor vehicle on public roads, regardless of whether they are using the vehicle for personal or commercial use. These requirements are set by state and federal laws to ensure the safety of all road users and to facilitate accountability in the event of accidents or other incidents on the road.

The argument you mentioned, that individuals have a "right" to travel without a license or other documentation as long as they are not engaged in commercial activities, has been presented in court cases before but has generally not been upheld. Courts have consistently affirmed the ability of states to impose reasonable regulations on the use of motor vehicles, including requiring drivers to be licensed and vehicles to be registered and insured. This is because the government has a vested interest in ensuring the safety and well-being of its citizens, which extends to the regulation of roadways and the vehicles that operate on them.

Furthermore, various Supreme Court rulings have upheld the necessity and legality of these requirements. Cases like Hendrick v. Maryland, 235 U.S. 610 (1915), have confirmed the state's right to regulate the use of motor vehicles on their roadways, emphasizing that driving is indeed a privilege subject to reasonable regulation under the state's police power.

Therefore, based on established laws and consistent court rulings, individuals are required to have a valid driver's license, vehicle registration, and insurance to operate a motor vehicle on public roads in the U.S., irrespective of whether the vehicle is being used for personal or commercial purposes. It is essential to adhere to these legal requirements to avoid potential penalties, including fines, vehicle impoundment, or even arrest. It is advisable always to comply with the legal mandates stipulated by the relevant jurisdiction to maintain road safety and personal legal security.

Tim Akpinar agrees with this answer

2 users found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You'd need the license, insurance, registration, and license plate - both fed and state governments have rights to regulate use of vehicles. Driving is considered more a privilege than an inalienable right. The fact that the use is personal rather than commercial doesn't lessen state powers to regulate administrative aspects of vehicle use and ownership. Good luck

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.