What is the law that requires us to abide by DMV's rules?
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So, I know this might be outside the box thinking for most people, but it is what I have come to question today when I woke up. It is a fair question I think. So why do we have to follow the rules of DMV? Yes DMV has a lot of laws and rules that drivers of vehicles are supposed to abide by, but why do they have to abide by what dmv says in the first place? I'm not looking for an opinion, I'm looking for a straight out law that says that we are required to listen and abide anything DMV tells us. My question: Is there a law that tells us we have to follow the laws that DMV provides us with. I'll try to clear up my question... Help you understand what I'm trying to ask. Lets say I come to your house and tell you, that you broke the law. You say wait, what do you mean? I haven't broken any law. But I insist that you've broken the law and that I will be suing you for $10,000. So yo ask me exactly what law you've broken. I pull out a book of laws I've written myself, open the page to 121 and read to you that you are not aloud to repaint your house purple. You take a second with a puzzled look on your face. After a few seconds you chuckle and shut the door. In this case we understand that our neighbor does not have to abide by the rules that we have written ourselves. Yes we have a professionally written book, and we might even have a building that supports this book of laws we've written our self, but that does not mean that our neighbors have to follow what that book says. So where is the law that requires us to obay everything that dmv tells us? Is there one? If there is, what is it? If there isn't... Are we REALLY required to abide by the laws of DMV? I know this might be weird thinking, but I'm just curious and think its an interesting question. Maybe some of you who like law, and stuff like that can help me understand. Thank you :) I will add more details to clear things up according to your answers. Thanks
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Answer:
The "rules" that the DMV enforces come into two types, "Laws" and "Regulations". Laws are just what they sound like. They are enacted by your State legislature, and signed into force by the governor. "Regulations" are indeed written by the executive agency itself, subject to a law passed by the legislature that gave them that authority. So, as examples, the DMV "rule" that says you have to be 18 to hold a full driving license was actually passed by the legislature. It is a law. The "rule" that says what format the written driving license test will take is a regulation. The Legislature passed a law that said "The DMV shall make regulations establishing the form and nature of the written test....". The same applies to all executive agency "rules", State or Federal. In Federal law, you can even look them up in different books. All laws passed by Congress are found in the United States Code - they are all cited as "26 USC 147" or something like that, while all regulations written by agencies are found in the Code of Federal Regulations, and are cited as "26 CFR 147". A regulation written by an agency, though, does not have any power of law unless there is a LAW by which Congress granted that agency the power to write that regulation. Richard
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Other answers
OK, I think I know where you were heading with this question. The rules the DMV administrates are not made up by the Department of Motor vehicles ... they are laws passed by the State your reside in. Just like any other law they were introduced as a bill into the legislature, passed through The legislature (separately through the Assembly and the Senate in states with two part legislatures) then signed into law by the governor, The DMV does not get to make the rules, they are tasked with making sure that the citizens comply with the laws passed by the state government.
ornery and mean
The rules they have are based upon state laws. Somewhere in the books, the law has all the legalese stuff about something like what age you can get a license at. The DMV rules are based upon that law and are sort of translated to human speak.
Little Princess
There are 50 motor vehicle departments in the u.s. Not one of them enacts laws. The legislature of your state enacts laws. Many of those laws involve the DMV. For instance, the laws requiring DMV to suspend a license of someone who has too many points was enacted by the state legislature. If you have a specific rule in mind, and want to know the source of that rule, then mention the rule and what state interests you.
laughter_every_day
The "law" you are looking for is the requirement that you have a Drivers License or Permit before operating a Motor Vehicle. This law is passed by the legislature. I can't think of a state that hasn't passed a law concerning that requirement. Almost all the "rules" are actually laws on the books. The DMV is just given the power to administer those rules. They might be in charge of what forms you have to fill out and documentation you need to abide by those rules.. but they don't "make up" laws as in your example of the unfriendly neighbor pointing out page 121. A drivers license is a privilege, not a right. If you can provide some examples of "rules" that the DMV has "made up" feel free to share those with us.
Eric
If you want to get philosophical about it, individuals obey the laws because they obligate themselves to obey by living in the land over which the laws apply. It's a "buy in" kind of deal. You live here, you're part of society and you obey its laws, unwritten and written. This is the argument Socrates made when his friends came to him after he'd been convicted and given a choice of either leaving Athens or taking poison. He chose the poison because he'd made a tacit bargain with the state by living in it for his entire life. Any individual can break their bond with society but must be prepared to suffer the consequences. You can't live here and benefit from living here without giving up some of your power to the state and its laws
Mujer Alta
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