You are male, African-American, traveling down the road, and the blue lights are flashing behind you. You have a revoked driver license for an unpaid court fine.
How can oppressed minorities in encounters of this kind use my race reparations legal filing — my transportation administrative notice — to their advantage? I prepared this public document for just this dark encounter on the city street blocks from your house. The notice is a legal rehearsal of the limits of police powers on the road and has not been rebutted by any municipal jurisdiction to which it has been publicly given.
By David tulis / 92.7 NoogaRadio
Its purpose is to shield travelers on the road in cars and trucks from intrusive and illegal traffic arrests.
The traveler’s remedy is to “travel under notice” in the jurisdictions that have been given transportation administrative notice regarding the limits of Title 55 the Tennessee code.
The script for black people, poor people, immigrants, and everybody else who faces unlawful arrest by the police in several jurisdictions is half a breath.
“Sir, I’m traveling under notice and make no statement apart from the presence of my attorney.”
The following corporations have been given the notice thus far: the cities of Chattanooga, East Ridge, Red Bank; also, Hamilton County sheriff’s department, the office of Tennessee governor and his department of safety and homeland security; and district attorney Neal Pinkston in Hamilton County. The notice is filed as a public document in Rhea County, and has been notoriously advertised in Chattanooga at the Times Free Press, Nooganomics.com and 92.7 FM NoogaRadio.
Claiming your common law protection
When you travel “under the notice” you are telling the officer that you have under a form of protection. The protection is a legal filing given to people in authority and to police. The legal document says that Title 55 is used to regulate transportation in commerce and hat it cannot be used against people like you who are not involved in commerce and who are not involved in transportation.
Using your car or truck without being paid by anybody to haul a person or property from one point to another — that is transportation. If you are not a carrier for hire, under contract or contract like a trucker, you are not subject to the tax and regulatory provisions of Tenn. Code Ann. § Title 55, the motor vehicles law
People who don’t know anything about their rights are gonna have a hard time caring about this matter.
But those who have been stopped and arrested by police many times — as have many black males in Tennessee — and endured the tribulation of court hearings and charges have every reason to pay at least a little attention to this proposed remedy.
If they merely know about the remedy, they can probably use it in a pinch without knowing all the legal issues or its history
Movement outside scope of law
When you say you are “traveling under the notice,” what are you saying is that you are traveling confident of the protection of the actual law in the context of your asserting constitutionally guaranteed rights. You are not under the actual statute, you’re saying, but under protection of its PROPER and LIMITED enforcement. A traveler is not under the law, but he is under the protection of the law because the law is narrow and if properlly enforced is not at all damaged by it, his rights not abrogated or injured by the law. He is not within the scope of the law, is not the subject of the law and is not involved in any activity which brings him under state jurisdiction in his use of the road and under that statute.
A harmless private traveler is not injured by Title 55. Only by its lawless and careless use by police. That’s why I wrote the notice. To inform cops of the actual limits of the law, despite court policy encouraging them to abuse people under it.
A person who “travels under notice” is saying that the officer and his employer have been made aware (by me, David Tulis) of the distinction between travel and transportation, and that that person is involved in travel and not subject to transportation provisions.
‘Sir, I don’t answer questions. Sir, I don’t answer questions’
So, that’s Part 1 of your statement. You’re traveling under notice. The second part is insisting on your right not to incriminate yourself in a criminal matter.
This traveling person had better be wise in not saying anything incriminating. Because anything he says can and will be used against him, and any document he gives can and will be used against him to identify him. The officer has seen him commit no crimes, but has seen a traffic or transportation related infraction under commercial statue. Since this poor black person is not involved in transportation he needs do everything he can to to show that he is not involved in that activity subject to state regulation and claims of police powers.
Since he doesn’t know the issues and hasn’t followed my work, he doesn’t know the details. OK, fine. But he does know that if he keeps his trap shut, says he’s traveling under the notice, says he answers no question, he stands a good chance of being let go.
He may face criminal charges one way or another, anyhow. When faced with his options, he can stand his ground on his rights and face arrest. Or he faces citation or arrest for driving on revoked if he gives his name and it pops up on the cops’ cruiser computer screen. It is possible that he has an evil outcome either way he goes.
If he stands his ground, says nothing, insists on his God-given rights under the constitution, under the law, and under “the notice,” he is is solid stead later. He can sue for oppression, false arrest, use of police power under color of law and in bad faith, and remedies in federal law. If he signs a citation (also dangerous), he can argue not guilty because the officer lacked subject matter jurisdiction.
Officers in hard place
The arresting officer is in a bad place in this legal matter because his supervisors — from Chattanooga chief Roddy on down — are not informing them of their legal peril and also not altering arrest and traffic stop protocols to account for the true nature of Title 55 as a commercial statute that does no wrong to private users on the roads exercising their rights and performing their private and personal necessities..
A person traveling on the road facing the blue lights should put 100% of the burden of proof on the traffic stop on the officer. He should give away absolutely nothing. He must avoid “driving on revoked” by not connecting himself with his revoked commercial privilege. He’s not driving in that instance. He’s not operating a motor vehicle. He’s traveling. He’s exercising his rights. He’s communicating with other people. He must say nothing and giving nothing.
If oppressed people in Tennessee would stand on their God-given rights, as summarized in transportation administrative notice, we encourage cops in the Chattanooga area to act more lawfully, more respectfully of our rights.