Legal Question in Traffic Law in Virginia

Exclusive privilege in VA for farmers to drive without a license

This is article 1, section 4 of Virginia's constitution:

That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrates, legislator, or judge to be hereditary.

Sections 46.2-300/303/665 of the virginia code makes exception for farmers to operate without license farm machinery & vehicles on public roads under certain circumstances which have nothing to do with public service. Vehicles may include motor vehicles which would otherwise have to be registered & require a license to operate.

I would argue that this codification of the law in virginia is null and void,

because it grants the privilege of operating motor vehicles on public roads exclusively to farmers (and military as well), thus creating a privileged class (group of men). Therefore there can be no breach of the law in section 46.2-300 (titled no license).

A ''not guilty'' plea admits that there was a breach.

What is the proper pleading in a case like this? Would it be ''non-assumpsit by way of confession and avoidance''?

Are there other pleadings ''by way of confession and avoidance?


Asked on 8/23/07, 12:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Exclusive privilege in VA for farmers to drive without a license

Your exercise in legal reasoning is flawed; the statutes you've cited make no exceptions for classes of people as referenced in Virginia's Constitution, e.g. farmers or heavy equipment operators, etc., but only for those individuals who happen to be operators of such equipment/vehicles upon the public highways of the Commonwealth. The operators of these kinds of equipment are simply not required to have driver's licenses while they are operating the specially designated equipment or vehicles on public roads, whether it be backhoes, farm tractors or road graders. This simple exemption

from driver's licensure in no way amounts to special privileges or emoluments for any particular class of people, i.e, it's available to anyone who operates any of these machines.(Could be you or me.)

And, furthermore, this issue in no way creates any conflict(s) between Article 1, Section 4 of the Commonwealth's Constitution and the traffic statutes which you've cited, nor does it in any way offer you a way out of the traffic charge, which you're apparently now facing, of operating a vehicle on a public highway without a valid opoerator's license.

In fact, upon further reflection, you may wish to settle this matter by pleading "by way of confession and admission of guilt" in the hope of receiving some mitigation of your sentence for your violation of Virginia's Traffic Code.

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Answered on 8/23/07, 8:08 pm


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