And under the 10th Amendment, theoretically the Feds are restricted in making laws that only pertain to powers given in Art. I, Sect. 8.
Instead of ICC, if there is any Constitutional basis for requiring reciprocity it would be the Right to Travel clause.
The full text of that passage:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Laws or Constitution of any State to the Contrary notwithstanding. "
This does not allow for Louisiana to override a treaty (‘The U.S. has no jurisdiction here’) or Florida to “invalidate,” unilaterally, international drivers’ licenses.
By your own cite not all states belong to that.
I think what the OP is asking is, barring any laws by the individual states and any compact agreements, what allows one to drive in another state.
If it’s the Full Faith and Credit Clause then why aren’t CCW licenses/permits automatically accepted by all states?
I also said it “comes in to play.”
Thank you for playing.
Are there any countries where there is a lack of reciprocity between jurisdictions? E.g. can you drive in Queensland with a Tasmanian driver’s license?
IANAL, but my first thought was, “What law says you can’t?”
Laws are prohibitive by nature, not permissive.
You can do anything you want, as long as a law says you can’t.
I don’t think drivers licenses from Hong Kong or Macao are valid in mainland China.
What happens if you’re a seventeen year old with a Pennsylvania drivers license. And let’s say hypothetically that New York law prohibits seventeen-year-olds from driving after sunset but Pennsylvanian law allows it. Can a seventeen-year-old with a Pennsylvanian license drive after sunset in New York? Conversely, can a hypothetical seventeen-year-old with a New York license drive in Pennsylvania after sunset?
For the 17 yr old driving in NY with a PA license:
He or she must obey any restrictions placed on the license by PA and must also follow the NYS rules for drivers under 18 -which are different for different areas of the state.
That seems like having it both ways. If the driving restrictions are tied to the license then the driver should be able to follow the same laws throughout the country - if they can drive after sunset where the license was issued then they can drive after sunset anywhere. And if the driving restrictions are geographic then they shouldn’t exist outside of the state - a law in one state against driving after sunset shouldn’t apply in another state.
It may seem like having it both ways, but this is not the only situation where it happens (for example, probationers and parolees who transfer from one state to another have to follow the restrictions of both states) . It’s even worse for out of state licensed drivers under 16 - they cant drive in NY at all.
It’s pretty common in the event of overlapping or redundant regulation that folks must abide by the most restrictive combination of rules. IOW, you have to comply with both sets of restrictions. Why? Because ultimately each jurisdictions’ rules are not a list of what’s permitted, but of what’s prohibited. So prohibition by either is effectively prohibition by both.
Could it be that there is a conflict between the supremacy clause and the 10th Amendment?
Yes. It’s called South Dakota vs Dole.
The international driving permit is simply a translation of your driver’s license. In the U.S. you usually get them through AAA. It does not have the backing of a government agency. Your D.L. issued by your state or country is still you license.
Yes. For instance in N.J. you are able to drive up to year on a foreign license. Unless you over stay your welcome or get a job. Then you are no longer a tourist. Those on student or work visas have to get N.J. DLs and the expiration will be the date on their visa.
My older brother joined the Air Force in March 1968, shortly before his 20th birthday. He was stationed for a while at a base in Nebraska. At one point a cop stopped Gary for some reason, and, of course, asked to see his license. He showed it—his California license, now expired.
The cop questioned the use of an expired license, but Gary said that under California law, the license of a service person from California remains valid so long as the bearer is absent from the state. I might imagine that other states have such reciprocal arrangements.
It’s actually just a copy of the treaty that says the listed countries will acknowledge your license.
Which is why is weird it has an expiration date on it. I don’t see any reason why to renew it. AAA has no legal authority. With only one exception I have never been asked for it in any of the countries I’ve driven in. (The exception was Italy).