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TOPIC: Pilot

Pilot 2 years 11 months ago #363


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Does the right to travel the highways without license from the government also extend to the airways?
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Pilot 2 years 11 months ago #364


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I think its best to travel with some form of identification. I'm currently shooting for a passport since its recognized worldwide. I'm going to use a family bible when i put them on notice [apply].
I'm also going to get both the plastic card and the booklet. I'm going to only use my booklet for international travels. You have rights everywhere you are! Peace!
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Last Edit: 2 years 11 months ago by Victor H.

Pilot 2 years 11 months ago #371


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Jack M wrote:
Does the right to travel the highways without license from the government also extend to the airways?

My thoughts are yes! But only if you are traveling privately. i.e.: personal aircraft(non-registered), parachute, balloon, etc.

The "United States Supreme Court" has ruled that:
22.1 Undoubtedly the "RIGHT" of locomotion, the "RIGHT" to remove from one place to another according to inclination, is an attribute of personal liberty, and the "RIGHT," ordinarily, of free transit from or through the territory of any State is a "RIGHT" secured by the Fourteenth Amendment and by other provisions of the Constitution. See: Williams v. Fears, 343 U.S. 270, 274
Property


The right to travel is a part of the 'liberty' of which the citizen cannot be deprived
without due process of law under the Fifth Amendment. If that "liberty" is to be regulated, it must be pursuant to the law-making functions of the Congress. . .Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . .may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.
62 C.J.S. Municipal Corporations §148 et seq; citing Kent v Dulles, supra

Personal Liberty -- II. Next to personal security, the law of England regards, asserts, and preserves the personal liberty of individuals. This personal liberty consists in the power of locomotion, of changing situation, or moving one’s person to whatsoever place one’s own inclination may direct, without imprisonment or restraint, unless by due course of law. Concerning which we may make the same observations as upon the preceding article, that it is a right strictly natural. --Blackstone’s Commentaries 1:120 – 41. --Henry Paul Monaghan – “Of Liberty and Property,” Cornell Law Review 62 (March 1977) 411.

Travel. Noun: A [constitutionally protected] right under
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Last Edit: 2 years 11 months ago by jumper.

Pilot 2 years 11 months ago #372


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Message truncated:


Travel: Noun - 5th amendment right. Aptheker v Secretary of State, 378 US 500, 12 L Ed 2nd 992, 84 SCt 1659. The act of taking a trip. Ex parte Archy, 9 Cal 147, 164.To travel is to pass or make a journey from place to place, whether on foot, on horseback, or in any conveyance. Traveling is the act of making a journey; change of place; passage. Spoken of voluntary change of place.


“All Citizens of the United States of America have a right to pass and re-pass through every part of it without interruption, as freely as in their own state.” --Smith v. Turner, 48 U.S. 283, 12 L Ed. 702.


In my opinion the right to travel extends to ANY conveyance that is not registered with the state/government. Your pilots license also ties you into their jurisdiction so if you are flying a non-registered plane but still use the pilots license granted by the state you are still regulated by the laws of the state. You have essentially given up your right to travel for the privilege of being regulated.
I am currently a part of a user group that is constantly hassled by policies that are not consistent with our unalienable right to travel freely. I am looking into using this defense at some point to change the way our group is treated and preyed upon.
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Last Edit: 2 years 11 months ago by jumper.

Pilot 2 years 11 months ago #373


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These were my thoughts also, but I wasn't sure due to the skill level required. Flying an unregistered aircraft does raise one concern: Air traffic control uses the aircraft's number when communicating with them. How does one get this number without putting oneself under the jurisdiction of the FAA?
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Pilot 2 years 11 months ago #374


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Thank you for your help.
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Pilot 2 years 11 months ago #375


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I would say if they issue the number then you are entering their jurisdiction. One way to possibly overcome this problem would be to have the holding trust that holds this asset issue it's own ID number and then the trust could put the FAA and any other agency on NOTICE that this is how the trust property will be traveling. Or just don't number it and fly below the radar!

Have you looked into ultralights? I don't think certain weight classes require licenses and registration but I could be wrong. There may be some valuable information in how they operate.
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Last Edit: 2 years 11 months ago by jumper.

Pilot 2 years 11 months ago #376


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My aircraft weighs several thousand pounds, so it falls into the classification requiring registration according to the FAA. It appears I will need to do as you suggest and have the trust issue it's own number. Thanks.
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Pilot 2 years 11 months ago #377


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Jack M wrote:
My aircraft weighs several thousand pounds, so it falls into the classification requiring registration according to the FAA. It appears I will need to do as you suggest and have the trust issue it's own number. Thanks.

I was suggesting looking into ultralights and their regulations to possibly get information on why they are not required to get a license. I was thinking that there may be some hints to help understand it better and how it may apply to your flying machine.
I would also make sure you fully understand how to set up a proper trust outside the US jurisdiction and also how to keep it's contact with the public to a minimum. Properly canceling your contracts with the various agencies should be thought about as well. There is a lot that would go into doing it right so make sure you do your due diligence before doing anything.

Luckily GTEN has loads of great info to help us understand the tangled web of deception.
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