alta chestie - Grand Theft Auto
Cristi
From the March 2001 Idaho Observer:
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Grand Theft Auto
by Hari Heath
In the last century probably nothing has changed American culture more than
the car. Our lives and nearly every major infrastructure in our society
revolve around it. Many homes have an additional house just for the auto.
The roadways we have built for our cultural icon, the car, dissect the urban
and rural topography. Many people, consciously or otherwise, manifest their
identity and self esteem through owning the car of their dreams. In short,
the automobile has become one of the pseudo-gods in our techno-industrial
culture.
With such worshipful attention placed upon our national idol, no wonder car
theft is such a big business. Chop shops steal and dismember choice autos
for great profit. Small time hoods can remove car stereos or bypass ignition
locks in seconds. Armed car-jacking has been elevated to the status of a
federal crime. But, what is the most insidious grand theft auto scheme of
all time? The theft of all the cars in America, before they are sold,
through a hideous administrative scheme. Your car is not your car and here's
why.
In an honest world, when you buy something it's yours. The Idaho
Constitution, written before there were cars and administrative agencies of
government, recognized this property ownership as an inalienable right. That
most ignored part of our state Constitution declares in its primal first
paragraph the inalienable rights of man:
"All men are by nature free and equal, and have certain inalienable rights,
among which are enjoying and defending life and liberty; acquiring,
possessing and protecting property; pursuing happiness and securing safety."
Given a sufficient personal economy, can we acquire and possess a new car?
We should be living under a system of government where such things are
possible but, unfortunately, constitutional government has been relegated to
either history or theater. History, because it is no longer adhered to;
theater because of the parliamentary, executive and judicial theatrics that
are used to maintain an illusion of legitimate, constitutional government.
What has been replacing our original constitutional form of government is
the administrative regime. For every regulatable area of life an agency has
been commissioned to regulate it. Agencies are those collections of people
who have assumed the authority to be all and do all in the name of
government. Without the constitutional restraints of the separate branches
of government, these unelected bureaucrats can make and enforce their own
regulations. Promulgating rules by proposing them, publishing them and then
declaring them as law, the kleptocrats of the administrative realms have
left few stones unturned (see "Kleptocracy, our government of thieves," The
Idaho Observer, July 2000). By these rules, your car is stolen before you
can buy it.
How It Works
The Idaho Transportation Department begins to own your car by promulgating
administrative rules (IDAPA) which license its maker: "The Department shall
issue a manufacturer or distributor license to firms that own the finished
vehicle... " (IDAPA 39.02.01.100.01). Then the agency requires the licensing
of car dealers: "A dealer license is required in the following situations:
Selling or exchanging, or soliciting the sale of five (5) or more vehicles
or vessels in any one (1) calendar year even though titled in seller's name;
or displaying for sale or exchange, five (5) or more vehicles or vessels at
any one (1) time even though titled in the displayer's name; or displaying
vehicles or vessels for sale, exchange or consign on property not legally
controlled by the owner of the vehicle or vessel" (IDAPA 39.02.02.100).
Not content with licensing the maker and dealer of the new car, the
administrators have added another layer of control: "Dealers shall not allow
a person to act as a salesperson in their behalf unless such person holds a
valid salesperson license containing a current photograph of the
salesperson, and the date of expiration of the salesperson's license" (IDAPA
39.02.02.101).
Then, without any act of the legislature, the administrators command that:
"Any person who violates this rule is subject to a license suspension or the
non-issuance of a license for a period of not less than thirty (30) days and
no more than six (6) months" (IDAPA 39.02.02.400.01) and, "Any unlicensed
person who violates this rule is subject to penalty under Chapter 16, Title
49, Idaho Code" (IDAPA 39.02.02.400.03).
Now that the kleptocrats in the transportation agency have managed to
control the maker, distributor, dealer and the man on the lot with a
license, they can now move in for the completion of their grand theft auto
scheme: "New vehicles sold in Idaho being titled for the first time must
have the title application endorsed by an Idaho-licensed, franchised new
vehicle dealer" (IDAPA 39.02.09.100.01) and, "Title applications must be
accompanied by a manufacturer's certificate of origin" (IDAPA
39.02.09.100.02).
Cars are made not born. As a thing of commercial value they are given a
"title" to evidence the chain of ownership after they are manufactured.
Idaho's administrative rules (IDAPA) require every new car sold in the state
to have a Manufacturer's Certificate of Origin or Manufacturer's Statement
of Origin (MCO/MSO): "Licensed Manufacturers may franchise any Idaho dealer;
shall display the make, name and chassis identification number approved by
the Society of Automotive Engineers on each vehicle; and shall furnish an
MCO/MSO for each completed vehicle to dealers" (IDAPA 39.02.01.100.02).
This "MCO" is not just a note from your mom explaining how you got here. The
MCO content requirements must include: "Date; Invoice number and document
serial numbers; Name of distributor or dealer; Issuing location - city and
state; Manufacturer's name and signature of authorized manufacturer's
representative; Manufacturer statement - 'I, the undersigned authorized
representative of the company, firm or corporation named below, hereby
certify that the new vehicle described above is the property of the said
company, firm or corporation and is transferred on the above date and under
the Invoice Number indicated to the following distributor or dealer'; Year,
make, body type, series or model; Vehicle identification number, approved by
the American Society of Automotive Engineers; Shipping weight, horsepower
(SAE), number of cylinders, Gross Vehicle Weight Rating (GVWR); and
Certification attesting to the first transfer in ordinary trade or commerce:
'It is further certified that this is the first transfer of such new vehicle
in ordinary trade and commerce'" (IDAPA 39.02.09.200.01.a-j).
In order to ensure that the title to the vehicles they are about to own is
bona fide, the Idaho Transportation Department rulemakers also require
security features on the title document: "All "Certificates of Origin"
should contain the following nine (9) security features: Paper: Sensitized
Security Paper - paper that is reactive to chemicals commonly used to alter
documents; Non-Optical Brightener Paper - paper without added optical
brighteners which will not fluoresce under ultraviolet light; Engraved
Border - a border produced from engraved art work which shall appear on the
front of the document; Prismatic - rainbow printing which is used as a
deterrent to color copying; and/or Copy Void Pantograph - the word "void"
appears when the document is copied; Complex Colors - colors which are
developed by using a mixture of two (2) or more of the primary colors (red,
yellow or blue) and black if required; Erasable Fluorescent Background
Inks - fluoresces under ultraviolet light and reacts to any attempt to erase
in such a manner as to be immediately detectable; Background Security
Design - a repetitious design consisting of a pattern which hinders
counterfeiting efforts; Microline - a line of small alpha characters in
capitol letters which requires a magnifying glass to read; Consecutively
Numbered - documents that contain a number which is consecutively numbered
for control purposes; Security Thread - with or without watermark; and/or
Intaglio Print - with or without latent image" (IDAPA 39.02.09.201.01).
Hopefully you have made it through all that administrative mumbo jumbo and
are ready for the next two important questions: What is really going on here
and why would this agency require such a complex document if it is only
going to be transferred from the manufacturer to the dealer to them? First,
the Transportation Department kleptocrats do not issue any "title," they
steal it.
How?
"The Department shall issue a Certificate of Title on any motor vehicle if
the applicant can show proper documentation of ownership..." (IDAPA
39.02.12.100) and, "Title applications must be accompanied by a
manufacturer's certificate of origin" (IDAPA 39.02.09.100.02).
That complex document with all the content requirements and security
features, the MCO, is THE title. These administrative rules require the
licensed dealer to send in THE title with the "title application." The real
title, The MCO, is then "held" by the kleptocrats, never to be seen again.
The kleptocrats then issue a "Certificate of Title"-key word: "Certificate."
The Certificate of Title merely certifies that there was a title. Most
people mistakenly think that the Certificate of Title issued by the state is
the title.
Using a scheme that is common across our nation, the licensed, enfranchised
car dealers are compelled to surrender the real title or MCO to the state.
Why? In the language of commercial code, the MCO is an "instrument" of title
"issued" by the "maker" (the car manufacturer) and "negotiated" (through the
licensed, enfranchised dealer) to the "holder" (the one who ends up with the
"instrument" which conveys "possessory rights" to the car and its
"proceeds"-in this case, the state). Under commercial code, before the
"instrument" issued by the "maker," can convey rights to the Transportation
Department as a "holder in due course," the instrument must "not bear such
apparent evidence of forgery or alteration" or "an unauthorized
signature..." (Idaho Code 28-3-302(1).
That is why the kleptocrats want the MCO to be such a detailed security
instrument-it conveys the legal and commercial "rights" to "your" car-before
you can "own" it.
(For a really confusing read that exemplifies why lawyers should never be
allowed anywhere near the legislature, see all of Idaho Code, Title 28).
"Certificate of Title?"
A Certificate of Title conveys the equitable use of the car. You may even
transfer that use to another person by signing over the Certificate of Title
to them, but only relative to your equity interest.
You could think of it as a conditional use permit, which compels your
compliance with license, registration, insurance and all other laws
governing the use of the now state owned property. That's why state employed
officers can pull you over for any "infraction," seemingly in violation of
your constitutional rights. The license plates evidence the state as "holder
in due course" of the car-the owner-and the officer is the owner's agent
regulating the use of the owner's property. No one in this country is
allowed to own a vehicle and travel freely anymore. We must first obtain
permission to use state-owned property.
That is how administrative government uses commercial process to steal the
rights to "your" car and control your use of it through compelled
registration and licensure schemes. It's a crime, also known as Grand Theft
Auto.
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