The article in the Dec. 26 issue of WHT regarding the right to use unregistered, unlicensed motor vehicles on the public roads made me smile. Mr. Komara confuses the basic right to travel a public right of way (going back to Roman times) with the right to travel, without licensing or registration, by any means of his choosing.
Back in 1890 the court case “Swift v. City of Topeka (KS)” did find for a person’s “right to choose their means of conveyance,” be it a horse, wagon, bicycle or electric or motor carriage. This was, however, at a point in time when the “horseless carriage” was a fanciful toy of the rich — a fad expected to soon fade.
But within 30 years there were many thousands of faster and larger motor vehicles moving about; often in manners neither safe or responsible. As a result, no court in the land would find that the basic right to travel (so intrinsic/obvious that our founding fathers didn’t even consider it necessary to include it in the Bill of Rights) was grounds to strike down the requirement for a driver’s license. Typical was the (federal) case of Hendrick v. Maryland (1915) where included in the ruling was the court’s opinion that “The movement of motor vehicles over the highways is attended by constant and serious dangers to the public.” In other words, the right for public safety allows for constraints to the right to travel when the means of travel (because of vehicle size, power, speed) has the capacity for easily dealing mayhem, bodily injury and even death – – thus the legitimacy of requiring an operator’s license.
As to the licensing/registration/safety permits of the vehicles (with attendant fees) these have been found by the courts to fall within the state’s right to tax as well as provide for public safety. The fees/taxes assist in providing for (but do not completely cover) the costs to the state in the construction, maintenance and police monitoring of the roadways. The high physical impact of large motor vehicles on our roadways (as compared to foot, bicycle or scooter traffic) is why those who choose to own and operate such machinery are assessed with costs beyond those charged to the populace at large (property taxes, etc.). Obviously, if Mr. Komara and friends decide to build roads with private funds on private property they have a good case for using any type of vehicle, safe or unsafe, they desire. Other than that, I expect (and hope) their “drive for independence” will be travelling a rocky road.
Eugene Schmitz is a resident of Kailua-Kona
My Turn opinions are those of the writer and not of West Hawaii Today