Driving

Revised Spring 2008

Driving is an activity that many participate in every day. It takes place when a person decides to go somewhere via a car or truck. Whether it is to go to work, school, or run an errand, many people drive to get there. A person can drive on streets, highways, and interstates, each with their own, but similar, set of juridic controls. Driving involves a vehicle filled with gasoline and a driver. Once the driver enters the vehicle, puts the key into the ignition, starts the car or truck, and puts it into drive, then presses the gas pedal, the vehicle begins to move. Through this process one begins to drive. The purpose of driving is to get from point A to point B at a faster rate than walking or bicycling. Driving also requires the driver to watch for the posted signs and obey them along with all traffic laws that control how you should drive.

JURIDIC CONTROLS OF DRIVING

Along the roadways, there are many sign that are posted to ensure the safety of everyone on and around the roads. It is essential to have common sense when driving. For example, all occupants must wear a seatbelt and if the occupants are of a small age, a car seat is needs. This is a safety precaution, in case of an accident they will not go flying through the windshield. In order to keep traffic flowing, all speed limits, residential and highways are posted along the roadway and need to be followed. It is not allowed to drive under the speed limit, for it will impede or block normal traffic flow, unless the roads are icy. If one is driving through a school zone and a school bus has its stop sign flashing, the vehicles behind the bus and oncoming vehicle must stop. Always keep a watch out for small children in school zones and in residential areas, for many will not look both ways before crossing. Lights need to be in working condition and a blinker is needed when turning, to ensure the vehicle behind one’s will go around and not rear-end it. If one is in an accident, fleeing from the scene is illegal along with fleeing from a law officer when their lights are flashing. When an emergency vehicle is approaching, one needs to pull over to the side of the road and allow it to pass. Lastly, it is illegal to drive under the influence of drugs and alcohol, for it will impair one’s senses.

If the laws of driving are broken, one or more of the following consequences can be enforced: warning of action, getting a ticket and paying the fine, getting arrested, points against your driver’s license, and/ or drivers license revoked or suspended.

Laws can be found in Title 61 of the Montana Code Annotated1, available online or at a city court house. They are posted by signs on the roadways, found in state maps that are available at visitor centers, convenient stores, and the internet. Most laws are the same from state to state.

QUALITATIVE MEASURE OF THE BURDENSOMENESS OF DRIVING

The burdensomeness of driving varies from person to person. Cautious people tend to think that when driving they should only focus on the road. Not wanting to get into trouble with a law enforcement officer. When driving many think about the speed limit and what the juridic controls are that they are encountering and obeying them. On the other hand, others get in their vehicle and drive with no worries at all. They are the ones that do not acknowledge posted speed limits, stop signs, and do not care if they get pulled over by a law enforcer. Some think the laws are just a burden and prevent them from doing what they want and there should not be a strict set of laws about driving. This burden is keeping them from doing what they truly desire. The juridic controls of driving are a case to case type of burden, depending on whether a cautious or inattentive person is driving.

ESCAPING THE JURIDIC CONTROLS OF DRIVING

Freedom from the juridic controls of driving can come from selling their car or truck and/or choose not to drive it. Instead of driving, alternatives can be walking, bicycling, or mass transportation. If one walks, bicycles, or takes mass transportation, they are not subjected to all of the juridic controls of driving. Another way is to get rid of all the laws that surround it, although it would probably be very difficult if not impossible.

Footnotes
1. Montana Code Annotated. (2007). Title 61. Motor Car or trucks. Retrieved October 27, 2007, from http://data.opi.mt.gov/bills/mca_toc/61.htm.

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