DL Not Required

Motor Vehicle: (6) Motor vehicle. - The term ''motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. U.S. Code Title 18, Section 31

Commercial: (10) Used for commercial purposes. - The term ''used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. U.S. Code Title 18, Section 31

Remember that codification is the extinguishing of the prior law (common law), and implementation of the Roman Civil Law, and I am attaching this again as it is an extremely important point. Read it very carefully on the new law that is "private law (remembering in a post a few days ago, that the total "executive branch" of the State of Alaska is a temporary and special act [private law]), criminal law, and criminal procedure." Remembering that in the criminal procedure [title 12 in Alaska] that the "rules of criminal procedure" in the Alaska Rules of Court (SCO's - Supreme Court Orders by the Alaska Bar Members) overrule the Legislature's Title 12 enactments.

18 U.S.C. § 31 is a point that can be used, but it is not a winning hand in that the Roman Empire uses only CODE, i.e. Roman Civil Law, i.e for Roman citizens. If you want to cross the bridge from the Roman Empire on "public rights" (the STATE is the thing that has the rights - see definition of "public law" and "municipality" in Blacks 6th - the private rights of the entity - fiction created by the people) to the "private rights" of the people secured in a Constitutional Republic, the ONLY test is that it must have the CODE section and substantive regulation.

The super real short story is that under the 49 U.S.C. § 31301 that the non commercial motor vehicles do not require a Commercial Driver License, but the real meat of this is that the STATE to get grants from the Feds must have a program in effect that any holder of a CDL in a non-commercial motor vehicle will be be given citations and prohibited from driving a CMV. READ THAT LAST STATEMENT VERY CAREFULLY.

The end regulation is 49 CFR § 383.51, which in one part in the Table states - "For a first conviction or refusal to be tested while operating a non-CMV, a CDL holder must be disqualified from operating a CMV ..."

This is a code section with the substantive regulation that has the force and effect of law and is recognized by the Supreme Court of the United States under Article VI of the supremacy clause.

And the copyrighted Code of Alaska in AS 28.15.011 DOES NOT HAVE A SUBSTANTIVE REGULATION, but bus drivers, etc all have substantive regulations as it should be.

ALASKA STATUTES
Title 28. Motor Vehicles.
Chapter 15. Drivers' Licenses.
Article 1. Issuance, Expiration and Renewal of Licenses.
Sec. 28.15.011 Drivers must be licensed.

(a) A person may not be denied the privilege to drive a motor vehicle upon a highway in this state, except as prescribed by law.

(b) Every person exercising the person's privilege to drive, or exercising any degree of physical control of a motor vehicle upon a highway, vehicular way or area, or other public property in this state, is required to have in the possession of the person a valid Alaska driver's license issued under the provisions of this chapter for the type or class of vehicle driven, unless expressly exempted by law from this requirement.

(c) A person licensed under the provisions of this chapter may exercise in this state the privilege to drive a motor vehicle and is subject to the restrictions prescribed by this chapter. A municipality may not require a person to obtain any other driver's license to drive or operate a motor vehicle in this state.

I am working today on writing this up and then posting same. The table is hard to read (49 CFR § 383.51) as it is too large for printers, and I have some people on an errand to the law library that will copy this today in Anchorage, and I will scan it so as to be readable.

The chief enemies of republican freedom are mental sloth, conformity, bigotry, superstition, credulity, monopoly in the market of ideas, and utter, benighted ignorance. Adderley v. State of Florida, 385 U.S. 39, 49 (1967) Decision by Justice Black.