Traffic Law Vs. Safe Driving

Here’s a question that came up during a recent discussion about some of Washington’s traffic laws: Is obeying the law enough to make me a safe driver? If not, what is the standard?

A while back I had a conversation with my brother-in-law, a skilled carpenter. We were discussing building codes, and he said that if you build your house to code, you have a substandard house. His point was that code compliance is the bare minimum you can do in construction. There are building techniques that exceed code requirements that make your home stronger, more weather-tight, and capable of lasting many more years.

Continue reading “Traffic Law Vs. Safe Driving”

Yes, You Need A Driver License

Q: Federal law is the highest law, am I correct? And federal law states it is my God-given right as man to have the freedom of travel in pursuit of happiness without being governed , harassed, taxed or held from freedom of movement. It also states that as long as I’m traveling in my own vehicle that I own, and I’m not making cash profit from it, then a state-issued license is just a requirement made by the state police. It’s not required as long as I’m not harming anyone or committing a crime.

A: Okay . . . Where to start? I’ll begin by saying that I sympathize for any officer that stops this driver and has to endure the ensuing encounter. Admittedly, this question is an outlier, but over the last three years of writing this column I’ve received enough of these kinds of questions to realize that there is a much bigger issue here: When someone misunderstands the law it can have real-life consequences.

Sometimes a misunderstanding of the law is harmless. For example, many people think it’s illegal to drive barefoot (it’s not). Your may have heard it from your driver’s ed teacher, who told you that driving barefoot gives you less control (which is usually true, unless you’re wearing flip-flops or high heels). But here’s the most far-fetched explanation I’ve encountered, quoted directly from the source of all suspect information, the internet: “A carjacker/kidnapper will force their victim to continue driving, but will take their shoes so that they can’t make a break for it. So if a cop sees a pair of people in a car and the driver is without shoes, they might assume it’s a hostage situation.” This explanation lives on the margins of reality, but there are no real consequences to believing it’s illegal to drive barefoot; you’ll just always wear shoes while driving.

In contrast, believing that a driver license is a fake requirement can result in some real problems. We live in a time where you can find the answer to any possible question in seconds. And you can find the wrong answer even faster. If you’re convinced that you don’t need a driver license to legally drive on public roads, I can assure you that your next traffic stop will not go smoothly for you.

I’m no constitutional law expert, but I think I can explain why some people think they don’t need a driver license, and why they’re wrong. At risk of oversimplifying things, the US Supreme Court has stated that it is “The right of a citizen to travel upon the public highway . . .” The thinking goes, If the Supreme Court says it’s a right to use the highway, the state can’t require me to get a license and then grant me permission to drive, because it’s already my right. This argument relies mostly on court decisions taken out of context and obsolete legal definitions, but there are people who believe it; I’ve met some of them.

Just for fun, let’s take the no-license-required argument to a logical extreme. If we start with the assumption that any person has the right to travel on any public highway as long as they are not making a profit (an important part of the argument, although ungrounded), they can use any kind of vehicle they want, and they’re not harming anyone else, what’s to stop John Travolta from landing his 747 on I-90, assuming he can find a big enough gap in traffic? (I’ll guess that John Travolta has both a driver license and a pilot’s license, but for the sake of this example let’s pretend he doesn’t.)

What the believers of the no-license-required viewpoint overlook is that even though the federal government doesn’t mandate a national driver license, the US Supreme Court, on multiple occasions, has confirmed a state’s authority to establish licensing requirements for drivers. Our constitution grants us the right to travel freely, but recognizes that for the wellbeing of the people, we need systems in place that regulate transportation. A driver license isn’t about taxation and limiting travel; it’s a verification that the holder has at least a minimal understanding of the shared rules that keep us safe on the roads. Freedom to travel and driver license requirements are really two distinct concepts that the anti-license folks have conflated. The no-license-needed crowd will try to convince you that all you need during a traffic stop is a clearly articulated explanation to convince the police officer that all his legal training was wrong, that he’s really just a pawn of a corrupt taxation scheme, and that it’s in his best interest to just let you go. If you try that approach, good luck with that. A strong belief in an incorrect understanding of the law won’t help in court if the entire judicial system disagrees with you.

Electric vs. Gas Powered Bicycles

Q: What are the laws on driving a motorized or electric assist bike on the road? Do you need to have a license and insurance?

A: There are actually several different answers, depending on the power source (gas or electric) and the size of the motor. The part about electric assist bikes is the easiest to answer, so let’s start there and work our way up to gas powered bikes. Continue reading “Electric vs. Gas Powered Bicycles”

Your Future Driver License

Q: I have a question about the legality of carrying a photo or digital copy of your drivers license, instead of carrying the physical card. Will the police accept the digital copy as proof of a valid license, or would you get a citation? It would be convenient to have a copy in the phone!

A: You can’t use digital a digital copy of your driver license yet, but you’re anticipating the near future. Digital ID has been a topic of conversation in licensing agencies across the country for a few years now, and soon several states may offer that option. For now, Washington is not one of those states. Iowa has been testing digital licenses with about 100 department of licensing employees, and the state hopes that the technology will be ready for full-scale adoption this year. In another project, the US Department of Commerce is partnering with Idaho, Maryland, Colorado and Washington, D.C. to launch a pilot for digital driver licenses. Continue reading “Your Future Driver License”

Passengers and ID

Q: If you are a passenger in a car that has been pulled over for a traffic violation are you required to show your ID to the police?

A: This is a great question that straddles the line between traffic law and broader constitutional law. And the answer is . . . It depends. Before we get to the passenger, though, let’s address the driver. According to RCW 46.61.020, during a traffic stop the driver of the car must provide license, registration and proof of insurance to an officer. And for those who have heard that you can keep your window up and press your ID against the glass, I wouldn’t recommend it. It is unlawful for a driver to refuse an officer’s request to take ID for inspection during a traffic stop. Plus, that’s a classic impaired driver move, so it’ll definitely make the officer suspicious. Continue reading “Passengers and ID”