The third Letter from the California DEPARTMENT OF MOTOR VEHICLES

[It is presented here for informational and educational purposes only, to encourage you to explore the questions involved.]
[This is not a exact electronic copy, but is an accurate transcription of the original.]
[The major problem with this letter is there is affixed on the upper left quadrant of page 1, a pale-yellow "Post-it"/equivalent, measuring 2" wide by 1 1/2" tall, which is subscribed in red ink: "Blind copy to Ms. Contreras-Sweet" and the signature is photocopied. This tends to raise the inference that at least the first paragraph of the body of the letter below is false.]


STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY [tabbed far right] GRAY DAVIS, Governor


DEPARTMENT OF MOTOR VEHICLES [tabbed far right] [seal]
P.O. BOX 932345
SACRAMENTO, CA 94232-3450

March 24, 2000 [postmarked: Mar 28'00]

Thomas M. Thornhill III
c/o Box 1755 U.S.P.S.
Nevada City, CA 95959

Dear Mr. Thornhill:

Ms. Contreras-Sweet, Secretary of Business, Transportation and Housing, has asked me to respond to your correspondence of October 19, 1999, regarding your Administrative Notice of Personnel Complaint, Administrative Notice of Cancellation and Administrative Notice of Demand.

Your request for information concerning two of the departments (sic) empolyees is denied.
The Department of Motor Vehicles is responsible for the licensing of drivers and vehicles in California and administering the statutes pertaining to the California Vehicles (sic) Code.
The department is under the control of a civil executive officer known as the Director of Motor Vehicles. The director is appointed by and holds office at the pleasure of the Governor. The director, with the approval of the Governor and the Secretary of the Business, Transportation and Housing Agency, shall organize the department in such a manner as he may deem necessary to conduct the work of the Department of Motor Vehicles.

I regret that there are no provisions under the law to remove your signature for driver licensing or vehicle registration purposes. Your request for cancellation of your California Driver license has been forwarded to the department's Licensing Operations Division for action. If you wish to voluntarily surrender your vehicle registration, title document and registration indicia, you may do so at any local Department of Motor Vehicle (sic) field office. Please note that cancellation of your driver license or the surrender of your vehicle registration, and title, does not exempt you from California Vehicle Code statutes, does not result in the removal of your name from departmental records,, and does not relieve you of your responsibilities under the law as a vehicle owner or driver.

It is the State of California's position that everyone within its boundaries is subject to its statutes, and the statutes are clear that everyone operating a motor vehicle on the highways is required to have a driver license and every vehicle being operated on the highways is required to be registered according to the provisions of the California Vehicle Code.

EXEC 100 (REV. 1/99)
A Public Service Agency


Thomas M. Thornhill III
March 24, 2000
PAGE TWO

In a 9th Circuit Court of Appeals ruling, case Miller vs Reed, number 97-17006, the court held as frivolous, the argument that the right to operate a motor vehicle is fundamental because of its relation to the fundamental right of interstate travel. One is not being prevented from traveling interstate by public transportation, by common carrier, or in a motor vehicle driven by someone with a license to drive it. What is at issue is not the right to travel interstate, but the right to operate a motor vehicle on the public highways, and we have no hesitation in holding that this is not a fundamental right.

The California Vehicle Code also establishes punitive measures to be taken when an individual does not comply with driver license and vehicle registration statutes. The Operation of a vehicle without the vehicle being currently registered would subject an individual to citation or arrest and/or the confiscation of the vehicle by a law enforcement officer.

If you have any questions, contact the department's Customer Communications Section at (196) 657-6560.

Sincerely,

/s/ B B Jones [photocopied signature]

B.B. JONES


END

[My first Letter to the California D.M.V.][The first D.M.V. non-response.]
[My second letter to D.M.V.][The second D.M.V. non-response.]
[My letter to the Secretary of Business, Transportation And Housing Agency.]
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