"... the average adult American citizen [has] more direct dealings with government through licensing and regulation of the automobile than through any other single public activity."

Before 1901 any legislation dealing with the automobile was controlled by cities and towns. In 1898 the city of Chicago created a law which required anyone using a wheeled vehicle, powered by horse, man or other means, to pay an annual license fee. The law was later found unconstitutional and removed. A year later, Chicago passed another ordinance which "required the examination and licensing of all automobile operators" in the city.

According to most governing bodies, the drivers license was created for safety reasons but most drivers, while paying for and receiving licenses, didn’t have to take any kind of competency test until years later. Missouri was the first to establish drivers’ licensing laws in 1903 but had no driver examination law until 1952. South Dakota was the last state to have a driver’s license in 1954 but didn’t have any form of test until 1959. It is obvious that licensing was more a function of revenue collection than safety and later used for governmental control. Two of the biggest proponents of licensing even before local governments were the American Automobile Association and the Automobile Club of America who petitioned state governments throughout the country to pass uniform licensing laws. It is interesting that the American Motorcycle Association who also promotes safety among motorcyclists came under fire by large numbers of motorcyclists because they believed the AMA was infringing on their freedoms.

Vehicle registration was founded purely to collect revenue for the creation and maintenance of safe roadways. Later, vehicle registration numbers were created for the verification of payment of taxes and identification of drivers. Oddly, while there was little objection to the idea of a drivers license, vehicle registration constitutionality was challenged several times in the courts. The courts found that the laws were legal on the basis that they were a proper exercise of the police power of the state to provide for the health, safety, and comfort of the citizenry. Also the courts ruled that the State, which was the owner of the roads, had every right to regulate the use of its highways and collect compensation for expenses in the creation and maintenance of those highways. The one decision against registration was made by the Supreme Court of Illinois which ruled that while the City of Chicago could tax anyone using the public roads for the purpose of commerce, private citizens in private vehicles for their own pleasure should be exempt. The court ruled that the use of public streets was a right, not a privilege. A license, therefore, implying a privilege, cannot possibly exist with reference to something which is a right. Over the years the government has been able to convince the public that driving is now a privilege and not a right. ©