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It's in 4521, I believe, but that says city attorney.

Let's see, a good example would be, let's see, in section 521.001 you have the definition

and personal identification cards, and then in fact chapter 521 is specifically driver's

licenses and certificates, 521.001 subsection A, item three, driver's license means an authorization

in that same section under 521.001 to item A6.

So 521 deals strictly with an occupational license or a temporary license, that's an

Driver's license has the meaning assigned by Section 521.001.

times refers you right back to the definition of occupational license in 521.001.

Of course we know they like to hit you with 521.021 no driver's license.

To administer regulatory programs in driver licensing, which we know now in 521.021 does not have a thing to do with traveling in your car

It's very, very clear under 521.021, the only people that are required to have that license

If you remove the need of the driver's license, which is clear from Section 501.001 or 521.001, it is very clear that you do not have to have a driver's license in Texas if you're not engaged in commerce.

Where we're going to be starting at in the Transportation Code is going to be Section 521 and specifically 521.001 right at the very top.

So looking at Section 521.001, subsection A, sub item 3, driver's license.

Drive means to operate or be in physical control of a motor vehicle. Driver's license has the meaning assigned by Section 521.001, which was what? An occupational license.

This is very important. Driver's license has the meaning assigned by section 521.001 transportation code.

So we go over to the transportation code and we look at section 522.003, item 12. Driver's license has the meaning assigned by section 521.001.

In fact, you will find in every location in the transportation code and virtually every other code, they all refer you back to section 521.001 of the transportation code for the definition of driver's license.

Now these are four Texas cases that used to exist before they codified the term driver's license. Believe it or not, the term driver's license did not exist in the form it is right now in 521.001. I'm sorry.

Certificate of Title Act, 502, Registration of Vehicles, 521, Driver's Licenses, 522, Commercial Driver's Licenses, 543, our favorite section, Randy,

In the Texas Transportation Code, Section 521 and Section 522, they deal with specific

521 is an occupational license, and it specifically defines that as a temporary license, permit,

Well, there it is, Chapter 521, Texas Transportation Code.

occupation either under 522 or 521 Transportation Code.

Those specific sections, 521 and 522 deal with the occupational license and the CDL

is Chapter 521 and Chapter 522, Texas Transportation Code, and unless you can find in there where

Okay, you've heard me speak before about Chapter 521 where it deals with the occupational license

While it would seem that certain lawyers in Texas think that 521 applies in another way

Chapter 521 and 601.

Now 521 is where the occupational license is defined, 601 is Motor Vehicle Responsibility

according to Texas transportation code 521.342, the state lawyer may try to convince the judge

Chapter 521 and 522 are the only places in all of Texas law where driver's licenses are

material and while going through chapter 521, which is the driver's license section on it,

They are Chapter 521 and Chapter 522.

521 is the section that you're always cited under, stating that you don't have a license.

under 521.021.

Okay, under 521.003, I do believe it is, or 001 sub-item 3, you have the definition of

521.021 also contains the section that describes each of these three particular things.

If you're citing me under Chapter 521 for not having a license, then I need to know what the disposition of a license is.

Chapter 521 specifically states that a judge may not issue an occupational license in place of or for the person to operate a commercial motor vehicle as defined in Chapter 522.

As I've said before, you will notice that between 522 Chapter and 521 Chapter, the classifications are identical between the two so-called licenses,

And I went through 521.021 and 002

Okay, the citation here is Prince versus U.S. 521 U.S. 898, the 1997 case.

P.O. Box 1032, Coleman, Florida, 33521.

Looking at 521 when it gives the definitions driver's license means authorization by the department

I like that because then 521 and 021 talks about the required license and then restrictions and what have you

They're not required to have the license just like the if you look at 521 in a more direct fashion

521 and 522

Whereas 521 is just entitled driver's licenses

is exactly the same as chapter 521 except for the hazardous materials placard

For instance you can use a class A non-commercial driver's license issued under 521

But since there are only three in the chapter 521 and two of them deal with temporary use

Yeah, look at the list of vehicles and the weight requirements in 522 and 521

They're worded almost the same though 521 is actually written to be a little better

if you go back up to the very beginning of Chapter 521 and find the definition of department

You know that we talk a lot about Rule 4.13, Chapter 521

This section tells you exactly what the learner's permit in Section 521 is

The 521 license is still a commercial license

In fact, the major difference between the types of vehicles in 521 and 522

But it does speak to having it in chapter 521

His commercial driver's license has the motorcycle endorsement from 521

This is the third of those that's available to the driver's license section of 521

Now, then if you go down after the passengers or property if, items 1 through 7 is the exact same vehicle weight classifications and use classifications that appear in Chapter 522 and Chapter 521

with the exception of cases arising under Texas Transportation Code Chapters 521, 522, 524, and 724.

The rules are very clear that everything under the jurisdiction, with the exception of specific portions of 521, 522, 524, and 724 –

and just in case those out there don't know what those are – 521 is the chapter dealing with the driver's license as defined as a temporary license, learner's permit,

argument. This argument is very simple of and for itself here. Okay. In Section 521.001, we're given

type of driver's license not contained within the definition in Chapter 521 that they have never

identified as a driver's license. All right. So let's use those arguments. Since 521 identifies each

one of these as being something particular, and there are sections within Chapter 521 that discusses

under Chapter 521. Now, the first thing to ask the officer, officer, you cited me for having no

section was that? Section 521.021, which is the offense section that says a person commits an

offense if, okay? So if you're going to cite me under Section 521.021, officer, then you're saying

that I must have one of the three things identified in 521.003. Is that correct? Yes, that's

Such as that section of Chapter 521 specifically states that a temporary license is issued to an

that section for the learner's permit under Chapter 521 Transportation Code. So, officer, are you

this again then. Last time around. 521, section dealing with the occupational license. Specifically states

eliminated the possibility, the last possibility that 521 applies to me. Is that correct? Well, no. Well,

521, 522 are the only two chapters in the Texas Transportation Code that deal with the issue of a

Chapter 525. Chapter 521 makes it very clear that it cannot and does not apply to the majority of the

to our closing questions. Well, Officer, under Chapter 521, we didn't cover this. The temporary license,

driver's license. That language does not appear anywhere in Chapter 521. It only appears in Chapter

Check it out. The table of vehicles in 521 and 522 are identical. The only real difference between

Chapter 522 and Chapter 521 is that Chapter 522 is classified as a commercial license by name,

with the exception of the cases arising under Texas Transportation Code, Chapters 521, 522, 524, and 724.

521 is the standard driver's license.

Okay. Now here's what they've done. What they've done is they have used Section 521.341 of the Texas Transportation Code. However, they have misused it.

And here's what it says, requirements for automatic license suspension except as provided by Sections 521.344D through Subsection I, a license is automatically suspended on final conviction of the license holder.

Subsection D, except as provided by Subsection E in Section 521.342B during a period of probation. Is he on probation?

And that's 521 and 522.

And 521 specifically says what three variations make up the driver's license.

You need to know chapter 521 and what those three things in 521.001 sub-item 3 are.

And they're all in 521.

The only reason it's in a different chapter is because the ones in 521 are all temporary

The exact same types of motor vehicles under Chapter 521 are the same exact types of motor vehicles listed under

Section 521.457 Transportation Code.

Safety except for those specifically omitted in 521, 522, 548, or 524 and 724 are part

under Texas Transportation Code Chapters 521, 522, 524, and 724.

Texas Transportation Code 521.247, 521.2475, and 521.2476.

talking to him about 521 Government Code here in Texas.

Transportation Code, 521 Transportation Code.

Sorry, 521 Transportation Code, so please continue.

And here in Texas, there are not but three things that Chapter 521 deals with

That is 521 and 522.

once you take apart 521, it shows without a doubt that all driver's licenses

And 521.001 Subsection 2 makes that very, very clear what that is.

Well, considering that 521 and 522 are the only chapters that deal with

possible options under 521.

Look in Chapter 521, the list of vehicles that can be operated by that classification of license

That's why they came up with the definition they created under 521

is, if you go to Chapter 521.021, you see in the Texas Transportation Code where they

522.0 deals with the commercial driver's license, but 521.0 says that you have to have a license

Chapter 521.0, that is a temporary license, a learner's permit, and an occupational license.

Chapter 521.0 has an individual section that deals with each of these items.

They are chapter 521 which deals with the quote unquote driver's license of which all

you cannot come from under chapter 521 because the three types that 521 deals with are not

Appellate Court, 1975, 521, Southwest 2nd, 280.

Act, but you have to say in pursuant, Chapter 521.002, Department means the Department of

Okay. How well and how familiar are you with the Chapter 521 and 522 of the transportation code?

And Eddie, you wanted to discuss arrest without warrants and what it says in 521.

Most of you are familiar with what we talk about in 521 regarding the driver's license,

Those are chapters 521 and 522.

If you will check, 521.021 specifically states that any person operating a motor vehicle

If 521 must have a license issued under 521 to every operator of a motor vehicle,

then how is someone with a license issued under 522 not in violation of 521?

how can you have a CDL under 522 and not be guilty of violating 521

If you look in 521.001 point or sub-item three, I believe it is,

Now, each one of these three things is discussed in great detail in Chapter 521.

And if you locate those sections, they are 521.222.221,

But anyway, all three of them are within Chapter 521.

So let's go down the list of arguing against these three things as they're listed in 521.001 to see

In Chapter 521, it says that a temporary license is issued to an out-of-state applicant or an out-of-state applicant

So right there we have eliminated the only three possibilities for licensing of operation of motor vehicles that exist in Chapter 521.

But let's consider that 521 still says there must be a license issued under this chapter, or you're committing an offense.

Now in Chapter 521 and 522 you will find tables listing the types of motor vehicles that the licenses issued

whether or not it says it's a CDL license or it's one of the licenses issued under Chapter 521,

So Class A, B, and C licenses issued under Chapter 521 or 522 can operate exactly the same types of motor vehicles.

The difference in the two chapters is chapter 521 shows that there can be a motorcycle endorsement

521, how did that endorsement get from 521 to a license issued under 522?

between the licenses issued under 521 and the ones issued under 522 is that the one

The licenses issued under 521 and 522 are exactly the same license.

All the ones in 521 are temporary in nature, very temporary in nature, okay?

of the licenses in 521.

C is lack of inspection, excuse me, speeding, okay, and that is all, 521, 522, 501, 502

tear apart the specifics of Chapter 521 regarding the license, of which there are only three

Texas law is in Chapter 521 and 522, and they are specifically there for the purposes of

The person holds a driver's license issued under the chapter Section 521.025,

A person required to hold a license under 521.021 shall one have

under Chapter 521 are nothing more than temporary forms

If you look at the specific individual sections within Chapter 521

If you look at 521 and 522 and read them beginning to end,

under both Chapter 521 and Chapter 522.

It will usually say Class C. If you look in Chapter 521 of the transportation code,

But they actually created the definition of a driver's license in 521.

Texas Transportation Code Chapter 521 deals with the issuance of what they term

521 and 522 contain provisions jointly that make it a requirement that any such license

I could give you Chapter 521 and 522 to study

means there is no line between Chapter 521.001 licenses and 522.002 licenses. There is no

I presented on that is absolutely the same license in 521 as it is in 522. Now how can

a look at something else here real quick. I want to read to you in chapter 521 what

also seen in the seminar is exactly the same under 521 as it is under 522, okay? There

when they demand it. A person required to hold a license under section 521.021, which

goes into it and tells you, you got to have the license, and 521 specifically says license

possess a commercial driver's license issued under that chapter. 521 removes all doubt

in 521.021 that the license can only be issued under 521. It cannot and is not issued under

522, okay? Because it's not issued under 522, that ties 521 and 522 together. It's all commercial

and you'll see what I'm talking about. Driver's license under 521.001 definitions, subsection

by using 521.00 and 522.00 to absolutely show that, then the only correlation that's left

classification of driver's licenses, which is in chapter 521, starting at section 521.081.

under 521. Let's see if any of this sounds familiar. Class A license. A Class A driver's

vehicles that you can operate with a 521 issued license, why does it sound exactly the same

This does Chapter 521 for the driver's license.

The reason I asked you about 521 is 521 deals specifically with driver's license, and 522 deals with, allegedly, the commercial driver's license.

521 says, though, that a driver's license is only one of three things.

chapter 521 and chapter 522.

of driver's license under 521.001 sub item 3.

Okay, well then 521 specifically gives the information regarding each of those three.

521 specifically says an occupational license

And as I was stating, after 521.

in 521 is that a CDL is the only license that

You will find that in 521 there's a motorcycle endorsement.

It's the Open Records Act, Chapter 521 or 522 of the Government Code, I believe is where it is.

not a specific charge because 521.001 subsection three says that there are three possible things

from what I do is we deal with Chapter 521 in the seminar a lot which goes into the definition

involves any of these things, Chapter 521

They want to amend section 521.059B of the transportation code to read as follows.

Yeah, the transportation code does have a penalty offense which is 521.025A, license to be carried and exhibited on demand.

So it doesn't matter which chapter you're in, 521 or 522,

As far as the requirement to have a license, that's in the Texas Transportation Code 521.021.

The driver's license is in 521

No driver's license is in 521.

C. No other offense. Driver's license, 521. That's outside 541 to 600. Registration, that's

Anyway, I want to talk to you about that. That's in Chapter 521.

we have a radio. I call in number 5216461984. Johnny will be picking up on the other side.

Chapter 521.

Okay, jump down to 2308.1521

Texas law requires you to produce the license on demand under 521.025

521.025 notwithstanding

Yeah, he had to go run into a judge to help him fabricate some other charge that allowed him supposedly to keep her in jail. But the best they could come up with was refusal or failure to display a driver's license, which is a 521 chapter

He's going to try to say it's 521.025, which is you don't have a license and in that same

chapter 521 of the transportation code is where it says that the license must be produced

521 isn't really relevant because all that talks about is that the department, when they issue a license, has to give the applicant information about what constitutes implied consent.

Oh, 521.025 of the transportation code.

A person required to hold a license under section 521.021 shall, one,

to driving or operating a motor vehicle, all you have to do is look at 521.025, where it

The only thing in 522.025 mirrors exactly what's in 521.025 as far as the class and

Class does not exist in chapter 521.

And 521.025 says all licenses have to be issued under the provision of that chapter.

646-5212.

Article 521.025, a person commits an offense if he doesn't produce a license upon demand

by what is the requirement of 521.025 to produce that document.

comply with 521.025,

under 521.021, or I'm

license according to 521.021

must be issued under chapter 521.

3. Operates as an injunction against the commencement or continuation of an action, the employment of process or an act to collect, recover from or offset against property of the debtor of the kind specified in 521A2 of this article that is acquired after the commencement of the case.

Code Chapter 521 in almost exclusively, but alongside the discussion of the rules of statutory

Then I went through Chapter 521 and proved using only the statute that it is absolutely

under Chapter 521.

The Chapter 521 makes it impossible.

of chapter 521, you will find out all three of those licenses are the same thing. They're

521.025 is where the statute attempts to make it an offense to not produce it on demand.

Because it's not in the code. It's not in Chapter 521. It doesn't exist.

None of which exist in chapter 521

This is Prince v. United States, 521 U.S. 898 in 1997.

Now this is true for driver's licenses, both chapter 521 and 522. This is true for registration even though DPS, I'm sorry, registration is the Department of Transportation

Now notice that chapters 521 and 522 and 501 and 502 and 601, which are registration, certificate of title, driver's licenses, commercial driver's licenses and proof and financial responsibility

Are not within subtitle C's inclusive chapters, which is 541 through 600 versus 501, 502, 621, 620, or I'm sorry, 521, 522 and 601

With the exception of cases arising under Texas Transportation Code Chapters 521, 522, 524, and 724.

Now 521 and 522 are driver's license and commercial driver's license respectively.

These rules, however, do apply to contested cases brought under the Ignition Interlock Program under Texas Transportation Code Chapters or Sections 521.247, 24.75, and 24.76.

Okay? So under Chapter 521, there are three exceptions to the four exceptions of the overall rule.

that is not inclusive of Chapters 521, 522, 524, and 724 with the exceptions of the Ignition

License is chapter 521.

Well, let me pull it up real quick. Under 521 for an exit driver's license down at the

Like I looked at that Texas transportation code 521 and I can pick out a few things up myself.

because again, I don't see 521.

I do not see where Section 521 of the Texas State Transportation Code is discussed.

Chapter 521, Chapter 522, Chapter 548, or I'm sorry, 5 something 4 and 754.

Here in Texas, 521.025 of the Texas Transportation Code says that a person who fails to produce a license on demand commits an offense, okay?

statutory scheme. For instance, Chapter 521 of the Transportation Code Licensing, the

or a walk away uh traffic citation okay uh 521.025a failure to display drivers license

That is in chapter 521.022, which is commercial driver's licenses, okay?

521.021, I'm sorry, chapter 522, not section 521.022.

Chapter 521 is other driver's licenses, which are still commercial, but not specifically

Driver's license has fallen to chapter 521.

521 is outside of subtitle C, completely outside. There is no arrest authority for failure to display a license, period.

I really do, see, because they have me on a class D misdemeanor under the Transportation Code 521.457.

In the accusation, in the offense, it says S521.457 I believe it is, where they say in

that you had a license, but didn't show it. Okay. Yeah. Well, when you go in and read 521.025A,

You will not find those types of licenses listed anywhere under Chapter 521 or 522.

In fact, any license mentioned in 522 automatically points you directly back to the license defined by 521 and 522 is defined as commercial driver's licenses.

Okay? A non-commercial driver's license is what is issued under 521, not a non-commercial driver's license.

A non-commercial driver's license under 521 deals with all vehicles that are less than 26,001 pounds.

That's the difference between the licenses in 521 and the license in 522 is what weight class, passenger class, or cargo class that license operates on.

521.205.

But they're citing me under 521.

521 is not even an arrestable offense because it is outside of subtitle C, which is the

The only thing that's in chapter 521 dealing with a driver's license are the temporary forms of those original licenses

Check chapters 521 and 522 of the Texas Transportation Code.

Now another thing I did when I was researching this was I went all the way through both chapters 521 and 522 dealing with the issuance and filling out the paperwork for these licenses.

When the court says we're charging you for driving without a license under 521.025 or some other section, they are ignoring the apple in favor of the bite.

sounding a little confused, I'm trying to do this on the fly. Okay? Now when we look at chapter 521

so I can see the whole thing. There we go. All right. 521.001 has its own set of definitions,

and we are in chapter 501 outside of subtitle C, I'm sorry, chapter 521, driver's license,

in chapter 521 is limited to the definition given us by 311.005 of just legal entities.

So that means that here where 521.001 definition subsection A6 under license,

Okay? Now, not only is that how it applies here, there are 281 different instances of the term person just in chapter 521 alone.

Now, the other thing that we look at when we get under chapter 521, all right?

So over here, what we're looking at, Chapter 521, when it's talking about a state,

It's 966F.3D5212020. It's Robertson versus Long. And in that case...

Right. It says Robertson V. Long, 966 F, period, 3D, 521,

statute in their ruling, transportation code 521-021, and some other court cases

which led us to the debtors' duties under a 521,

Ah, also that's what, 521?

He wants to bother you about 521.001 driver license stuff

521.

That was 1521?

It's just they want to start to throw, grab stuff and throw it under the 552108 exception.

why would that ever be considered an exception to disclosure under 552108?

you know, if I want to see about speed signs, or, you know, 521.001

These regulatory programs are codified in Transportation Code chapters 521 and 522, 548, and 601 respectively.

Transportation Code chapters 521 and 522, driver licensing.

my region. Like mine stuck out. Like, like my goal last year was 400. Now it's 521. Everybody's

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