does anyone out there really know whether driving is a right or a
privilege?
I don’t see how it could be a right, really. I’ve always seen it as a privilege.
Absolutely a privilege.
If you can get the US Constituioin amended to say something like, “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms and drive shall not be infringed.”
If you want to discuss whether driving ought to be a right versus a privilege I would still come down on the side of privilege. If it were a right it would become far more difficult to remove bad drivers from the road by revoking their license to drive and that would be a bda thing IMHO.
Boy did I ever flub that post…one more try:
Absolutely a privilege.
It would only be a right if you could get the US Constitution amended to say something like, “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms and drive shall not be infringed.”
If you want to discuss whether driving ought to be a right versus a privilege I would still come down on the side of privilege. If it were a right it would become far more difficult to remove bad drivers from the road by revoking their driver’s license and that would be a bad thing IMHO.
Right for me.
Privilege for everyone else.
Has to be labelled a privilege. Not only from a constitutional aspect, but also because driving by nature IS a privilege. It’s not against your human rights to have to ride your bike or walk, now is it?
So—blind people have a right to drive? Well, maybe they do.
The way I heard it—in traffic class, if you must know—in a genuine emergency almost any person has a right to drive. A blind person—not sightless, but with very poor vision—has a right to pilot a motor vehicle to escape a dangerous, life threatening situation like, say, a forest fire. People who never drove before, those with revoked or suspended licenses, the under-aged, etc, can all drive in such circumstances.
However, they may have to defend their actions if stopped by the police. A judge would decide if the driving was absolutely necessary.
I don’t think making a beer run would qualify as an emergency.
Privilege, right, what’s the difference? Legally speaking, that whole privilege-right dichotomy went out the window the better part of a century ago. Labeling something a privilege or a right only begs the question of what the government can do to regulate it, and that is the real issue in these kinds of discussions.
I think you could make the case that owning a car and driving it on your own property is a right.
Driving on tax-paid, public roads? Definitely not a right.
It is definitely a privilege.
However as far as privileges go, it is one of the more essential ones. I would argue that stripping an adult of the privilege to drive may infringe upon one’s rights (to work or gain a livelyhood), so it must be only done in cases where one’s driving is a danger to the public.
Of course there is always public transportation. In a place like New York City driving may be a less essential privilege.
Damn, if you weren’t a lawyer, I’d say you were talking like a mad man. Now I’m just 
You’re probably correct here, but I find that rather depressing. I’m certainly not going to call our gov’t totalitarian, but one key difference between a democracy and totalitiarinism is that, in the latter, there are no rights and everything is a privilege that can be granted or not by the state. I see the blurring of those concepts to be more than just a semantic triviality.
I didn’t know that dichotomy was eliminated over a century ago. IIRC, SCOTUS made a big deal on the difference as far as the police are able to pull cars over to check for valid licenses. But there is a big difference. A right can be regulated only if a compelling governmental interest exists, and then the law regulating the right must be narrowly drawn to encompass only that interest.
It’s called a driver’s license, isn’t it? A license or a privilege, not a right. You don’t have the right to it as a human, such as the rights in the Bill of Rights. A state will grant you the privilege if you meet certain criteria, and those criteria need not be narrowly drawn to meet any governmental interest. Likewise, a state can take away that privilege.
cookeze
That is the necessity principle, which allows one to break a law to evade a dangerous or life-threatening situation. Trespassing and even killing (an example of self-defense) are possible in those situations. However, you can be civilly liable for damages you cause.
You’re confusing the “right to drive” with the “right to life.” The latter is supposed to be guaranteed by the U.S. Constitution.
Definitely. Owning a car and driving it on your own property is a right, whether you’re drunk or blind or yapping on your cell phone, as long as you don’t injure anyone.
If I fulfill all the criteria for issuance of a DL, can the state deny me? No. The state must issue. Does that make it a right? According to the dictionary it does, but that doesn’t mean that it’s true. In fact, m-w doesn’t make a whole lot of distinction between the two, except that privilege can be a favor.
My common sense feeling is that it is a right.
Peace,
mangeorge
Although driving is now almost necessary for most people, it is still just a privilege. Although, in my opinion, calling it a privilege seems to downplay an automobile’s importance, since most people need it to get to work (yeah, you could try to move close to where you work, but that would require a moving truck or van), go to the store (yeah, if you live close enough, you could walk, but what if you bought too many groceries to carry home?), drive to the hospital (if waiting for an ambulance would take to long), etc…it still doesn’t rise up to the level of right, but in my opinion it should be thought of as something in-between.
The state enacts legislation regulating the issuance of DLs and it cannot arbitrarily deny the issuance if its own laws are met.
Privilege.
Priviliges are granted. Rights are unalienable. Driving does not appear in the Constitution. The DMV grants you the privilege of legally operating a motor vehicle once you have established legitimate insurance coverage and obtained the training to safely do so.
“Life, liberty, and the pursuit of happiness” is from the Declaration of Independence. “In order to form a more perfect union” is from the Constitution.