On Thu, 14 Oct 2004 15:50:40 GMT, "G.R. Patterson III"
wrote in ::


Driving a car on private property is not considered a privilege. Driving on the
public roads is, however, considered a privilege in New Jersey, Tennessee, and
Georgia. I don't know about other States, but I'd bet there are a lot more who have
similar laws on the matter. Basically, it's considered a priviledge because the roads
are owned and maintained by the State and local governments.


Dennis O'Connor says the court now views a motorist's privilege to
become a right once the state has issued him a license:

http://groups.google.com/groups?q=ri...ews.com&rnum=2
From: "Dennis O'Connor"
Newsgroups: rec.aviation.piloting
Subject: Report to FAA ??
Date: Mon, 9 Dec 2002 11:16:44 -0500
Message-ID:

It is time to force the courts to revisit this 'privilege' crap...
And, the FAA appealing it's decisions to itself, etc..
A drivers license used to be a 'privilege'... Court decisions
recognize that it is no longer a privilege in this transportation
dependent society, and for the state to take it away once granted, it
has to show a clear and compelling reason..
Look, 'separate but equal', was settled case law for generations... Is
it still settled case law?
Of course not! The blacks forced the courts to revisit it over and
over by simply being in the courts face every time it turned around,
sitting down at lunch counters, buses, etc., filing suits, i.e. Rosa
Parks... Finally, the courts no longer had the stomach to allow the
government to continue what was clearly a violation of constitutional
guarantees... The homosexuals understood this clearly, even though
nearly every state had laws discriminating against them, and the
supreme court had upheld the cases against those laws... They simply
kept going back at the court until it no longer had the stomach to
continue sanctioning discrimination against a class of person...

It is time for a pilot's class action suit against the government for
discrimination against a class of person... I am willing to spend and
to participate... Where are the rest of you? And yes, we will lose
the first time, or the third time, but each time the court will find
it harder to violate the constitution again....

Denny




"Rick Durden" wrote in message
...
Larry,

Under the U.S. Constitution, citizens have a "right" to travel,
however it does not give anyone a "right" to do so via a motor vehicle
which he or she operates. As a result, you hold a pilot "certificate"
not a "license". Every single time that the issue has been raised,
piloting an aircraft has been held to be a privilege, not a right.
This has been discussed in detail on this forum in the past. If you
look at Part 61 of the FARs you will see sections on the privileges of
the various levels of certificate, but nothing on rights. Should you
violate a regulation, the proceeding to prosecute you for the
violation is entirely civil, not criminal, as you are not going to be
stripped of an essential right and jailed...which also means you have
no right against self-incrimination and you are not given any sort of
warning regarding your "rights" when you are questioned.

Not being where I can provide you citations, nevertheless, you might
look at the Federal Aviation Act and cases interpreting it. The
matter has been litigated and the right versus privilege issue was
resolved many years ago. I suspect that my opinion on the subject is
similar to yours, I don't like the situation, but I'm stuck with it.

All the best,
Rick

Larry Dighera wrote in message
...
On 7 Dec 2002 04:54:07 -0800, (Rick Durden)
(Rick Durden) wrote in Message ID
:

Actually, it's not his right, it's a privilege he has under our laws.

Rick, Can you post a citation supporting that statement?