Gordon v. State

697 P.2d 1192, 108 Idaho 178, 1985 Ida. App. LEXIS 581
Idaho Court of Appeals·Decided March 20, 1985·No. 15092, 15197·Published·Cited by 17 cases

Opinion

PER CURIAM.

These consolidated appeals present identical issues. Case number 15197 is an appeal from Gordon’s convictions of failure to produce a vehicle registration, I.C. § 49-112, and of failure to exhibit proof of liability insurance, I.C. § 49-245. Case number 15092 is an appeal from the district court’s denial of Gordon’s request for declaratory relief. In both appeals Gordon argues that state laws requiring a vehicle operator to be licensed, to register his vehicle, and to carry insurance coverage are unconstitutional as applied to him. We affirm the judgments of conviction and the order denying declaratory relief.

Gordon was cited several times during 1981-83 for driving without a license, for operating an unregistered vehicle, and for failing to carry proof of vehicle liability insurance. Following a jury trial in February, 1983, Gordon was convicted of failing to produce a vehicle registration and of failing to exhibit proof of insurance. He was sentenced to thirty-five days in jail and fined $200 on the two convictions; the fines were suspended. On April 13, 1983, Gordon appealed to the district court, which affirmed the convictions on August 8. Gordon filed a petition for declaratory relief on May 28, 1983, seeking an injunction to prevent further citation by police authorities and a declaration of his rights as a “freeman.” The district court in all respects denied relief to Gordon on his petition.

Gordon argues that the license, registration and insurance requirements impermissibly impede his constitutional right to travel and that other constitutional rights are infringed when these requirements are applied to an individual who owes nothing on his vehicle and who is not using the vehicle for commercial purposes. We are not persuaded.

It is well settled that the United States Constitution protects an individual’s right to travel, although it is not always clear which constitutional provision affords the protection. See Califano v. Aznavorian, 439 U.S. 170, 99 S.Ct. 471, 58 L.Ed.2d 435 (1978); Kent v. Dulles, 357 U.S. 116, 78 S.Ct. 1113, 2 L.Ed.2d 1204 (1958); Crandall v. Nevada, 6 Wall. 35, 18 L.Ed. 744 (1858). The Idaho Supreme Court has held that a particular mode of transportation— the operation of a motor vehicle upon public streets and highways — is also a right protected by the federal and state constitutions. Adams v. City of Pocatello, 91 Idaho 99, 416 P.2d 46 (1966). Other jurisdictions considering the issue have declared the right to travel on public highways to be a privilege, not a constitutional right. E.g., Standish v. Department of Revenue, M.V.D., 235 Kan. 900, 683 P.2d 1276 (1984); Crocker v. Colorado Department of Revenue, 652 P.2d 1067 (Colo.1982). Whether it is termed a right or a privilege, an individual’s ability to travel on public highways is “subject to reasonable regulation by the state in the exercise of its police power.” Adams v. City of Pocatello, 91 Idaho at 101, 416 P.2d at 48. See Noe v. Dolan, 197 Colo. 32, 589 P.2d 483 (1979); Popp v. Motor Vehicle Department, 211 Kan. 763, 508 P.2d 991 (1973).

The Idaho Motor Vehicle Safety Responsibility Act (MVSRA), I.C. § 49-1501 to -1540, requires vehicle operators to insure their vehicles “to protect the public using highways against hardship which may result from use of automobiles by financially irresponsible persons.” Adams v. City of Pocatello, 91 Idaho at 101, 416 P.2d at 48. We have already determined the insurance requirement of the MVSRA to be a permissible exercise of the state’s police power. State v. Reed, 107 Idaho 62, 686 P.2d 842 (Ct.App.1984). Gordon argues not that his conviction for failing to exhibit proof of insurance is unconstitutional, but that requiring him to insure his *180 automobile is unconstitutional. This issue was settled in Reed.

We believe that driver’s license and vehicle registration requirements also constitute a legitimate exercise of the state’s police power. See Hendrick v. State of Maryland, 235 U.S. 610, 35 S.Ct. 140, 59 L.Ed. 385 (1915) (a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles and, to that end, it may require the registration of vehicles and the licensing of drivers). Licensing drivers is a means of determining that vehicle operators have acquired a minimal standard of competence. Requiring driver competence is a public purpose within the police power of the state, and the licensing procedure is a reasonable attempt to accomplish that purpose. The vehicle registration requirement also reasonably furthers protection of public health, safety and welfare and, as such, is a proper exercise of the state’s police power. Id.) Pawnee County Excise Board v. Kurn, 187 Okl. 110, 101 P.2d 614 (1940).

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Gordon v. State, 697 P.2d 1192, 108 Idaho 178, 1985 Ida. App. LEXIS 581 (Idaho Ct. App. 1985).

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