07 – Harry beat the Road Toll scam

HARRY T  BEATS THE RMS ROAD TOLL SCAM

01 May 2018 – Harry went to court to fight the RMS – Victoria after this agency threatened to cancel his driver’s licence and car registration because he refused to pay tolls, Harry appeared on a Foxtel program called “This Is Australia”.

Here is the transcript from that video clip:

So now we’re going to move to our next subject and this is the tolls. I just said at the beginning that I am not paying tolls. I refuse to pay tolls. Not on the M5, M2, M7, Lane Cove Tunnel. The only toll I pay is the Harbour Bridge and that is for a reason. The other tolls, I don’t pay a single one of them.

The M5 has been paid four times over, so my reason, number one, is why didn’t we build those freeways or motorways and we gave it to private contractors? By now, we would have paid it off and we would have them free for us to use. But now, our government has given them to private contractors. Why is that? I don’t know.

Now that’s one reason. The other reason that I’m not paying tolls is that we’re paying a lot of money to the government through our taxes, through our fuel excise, through our fines, through our registrations, our licences. Why this money cannot be used to pay for the expenses for these roadways? And if we go back to the M5, actually do you know why it’s called the M5? Yeah, exactly. It’s from Mile Five, because that’s the average speed of the M5 – and drivers call it the M5.

So they said to me that they were going to cancel my licence, they’re going to stop my registration. Now I looked into the Constitution before I stopped paying tolls and do you know that it’s actually illegal to pay tolls in Australia? Have a look at the Constitution – it’s very important to know your Constitution. Read your Constitution and be familiar with it. You have a lot of rights there and these useless politicians, they just want to take all these rights from you.

So have a look at the Constitution like I did and I found that the tolls are illegal in Australia and that’s the reason why I am not paying tolls. Or another reason why I am not paying tolls. So I took them to court and guess what? They dismissed the case. RMS, they said “Now we are not going to continue with the case, you don’t have to go to court anymore.” You can see it already here on the screen (RMS letter of discontinuance is shown). That’s the actual word from the RMS.

So the case was dismissed. Why? Because they KNOW that they are wrong. When I sent them all my information that I have and (indistinguishable …..) my rights, they decided to drop the case. So I warned the court – I’m not paying tolls. I haven’t been paying tolls for a long time. I said to them, I will pay the tolls once you prove to me that the money that we pay you is not enough to build those roads.

So everybody can do the same thing – don’t be scared of them. They’re just wasting your money. You’re paying all the taxes and they are just wasting it. So with this letter that I got from the court, you can use the same information and you don’t have to pay the tolls either. And you don’t even have to go to court because I did that for you. 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Response from Ziggy     Campaign against Road Ripoffs

I am not a lawyer and I do not know whether the points that Harry raised with RMS are valid legal arguments that prove that we don’t have to pay tolls. But the one thing that I can take from this case is that RMS withdrew the prosecution and thus Harry continues to drive on toll roads without paying a single cent.

Why on earth would RMS drop this case and allow Harry to avoid paying tolls? One would think that RMS had the opportunity to make an example out of Harry and scare the crap out of anybody else who dared to do the same. So there had to be reasons why RMS scurried away like rats in the night, instead of prosecuting the hell out of Harry?

Is it that his legal and Constitutional arguments are valid and tolls are indeed illegal? Is it because Harry confronted the RMS about its role as being a taxpayer-funded debt collector for a private company, when RMS does not offer the same service to other companies, as required by the Constitution? Is it because the RMS was criminalising civil debts in the same way that the old outlawed debtor’s jail was criminalising civil debt and this was illegal?

Could it be because the RMS could see that it was going to be wiped out in court and the case would attract headlines and that by dropping the matter, Harry would quietly fade into the background and RMS would continue to fine people wrongly for racking up debts to private toll road companies? For instance, the state government would have to have passed enabling legislation to allow RMS to act as a debt collector for Transurban, but where is that legislation and if it exists, is it even valid or enforceable?

All I know is that Harry Tsoukalas stared down the RMS, forced it to drop its prosecution against him and Harry continues to drive for free on toll roads – well not exactly for free, because as Harry pointed out, he pays fuel excise, GST on fuel, car registration fees, driver’s licence fees and if he transgresses, he pays fines. So in fact Harry is right – our roads, including toll roads, should be there for every motorist to use without paying any tolls. Harry’s stance and his victory over RMS could be the start of a motorist’s revolution, where drivers just remove their toll tags, drive on toll roads without paying and use Harry’s strategy to beat any legal action against them.

Cheers, Ziggy       Webmaster, Campaign against Road Ripoffs

www.carr.org.au

info@carr.org.au

Paperwork below which may help you

You VS RMS Vic, SPER Qld. SDRO NSW.

Rewrite as you need

Discrimination from RMS, SPER or SDRO. Notice for Cancellation of my licence and registration

Case against (you)

Enforcement order 123456 and 5678910

To RMS and State Debt Recovery Office or other debt collector in your State

PO Box xxxxxx

Dear Sir/Madam

I am writing in regards to my fines due to non-payment of toll and your intention of cancelling my licence and my registration.

Please forward to me within seven days from this notice a letter stating the reasons of cancelling my licence and my registration with all details and all amounts and to which companies are due to.

With this letter I like to put you on notice that you will be liable for all my losses, because you are illegally cancelling my licence and registration, therefore leaving me unable to work and perform my work which will mean possible losses of millions of dollars for myself. I need my licence and my registered car for my movements to perform my business and court proceedings will start immediately after the cancellation of my licence and my registration against you and the RMS.

I will DEMAND in line with our Australian constitution’s equal rights act, for your organisation to start immediately proceeding to cancel the licences and registrations of individuals who have a financial debt to me. I will forward to you a list with all my debtors so you can act upon it.

This is my right as an Australian citizen to be treated equally with the private or public companies that charge tolls illegally and against our constitution and you act as their debt collector. I will have a legal battle soon with the above-mentioned private and public companies. If I win my case, then they will have to remove tollways from all Australian roads as per our constitution. Read below more information I have attached in attachment A.

My right, as an Australian citizen, is for you to recover my debts, as you do for private companies that I owe money too. They have no right to use a public service like your organisation’s and for which I pay as a taxpayer as their private debt collector. And if they do, then I also have the equal right to use your services as well.

Since my licence and my registration cancellation notices from your organisation, I DEMAND you will act on my behalf and send warning letters to individuals or companies who owe money to me. Collect the money owed to me and if they don’t pay the money owed to me then you will immediately go ahead and cancel their licences and registrations in a similar manner you intend TO DO with my case. If I owe money to those private toll companies, it’s their responsibility to recover it from me and not the public sectors of the RMS and your organisation which I and other Australian taxpayers are paying for.

For now, please send me immediately the list of all amounts due to private and public companies by myself and for which you intend to cancel my licence and registration.

Please note that all information and correspondence sent to me, may be used in Australian or International courts of law for equal rights. As well for my court cases against private and public organisations who apply charges to me against the constitution acts, like the charge of tolls on the Australian roadways.

Any actions against you or the toll companies, cannot take away from me in any way or from my freedom of speech and my rights to talk or write to any media outlet, letting the general public know about their equal rights too.

Please let me know a time and place immediately so I can meet with my cameraman and my crew for an interview, the manager or spokesman of your organisation, so he or she can answer my questions so I can publish a report, first on my media outlets and then send it to the media across the globe so the world knows the unfair treatment of the Australian citizens, against the Australian constitution.

Please read Attachment A further information.

Harry T

Attachment A     to use as a guide if you wish

My name is xxxxxx and I am an Australian citizen. According to our constitution, it is illegal to impose to me a tax to use the roads in Australia and I REFUSE TO PAY any tolls on the Australian roads. (See below my references to various constitution laws).

Firstly, I refuse to use an electronic tag or any credit cards, since I don’t trust any of the above because of the fraud in the particular industry.

I demand proof from the NSW and federal governments that the money we pay for our registration, (sums collected by fines imposed to motorists) and the fuel taxes are not enough for our government to pay for our road system and therefor have to use private contractors to build and manage our roads.

Our roads are in terrible condition and recently I had to undertake major repairs to my vehicle after hitting a large pothole.

I demand the above case of my constitutional right – not to pay tolls – to be judged by a court of law.

I have received notices that the RMS will cancel my licence and my registration if I don’t pay the illegal toll charges. I totally oppose this and court action will be taken, since the public service which we, the Australian citizens pay for, cannot act as a debt collector to a private company.

If my registration is cancelled, I will demand that the RMS COLLECT my own debts from my previous employment as a radio broadcast journalist. If the RMS refuses to become my private debt collector like it has been acting for other organisations, I will be taking legal action on grounds of discrimination, since all citizens of Australia have equal rights, according to our constitution.

So, herewith presented to you that you may know my will with respect to tolls on roads, bridges and tunnels and the interpretation of s92 of Commonwealth of Australian Constitution Act and other matters regarding road tolls.

I do not pay tolls AND it is illegal according to law for me to pay tolls. It is illegal for me to pay road tolls pursuant to s5 of the Crimes Act 1914, which defines crimes pursuant to “aiding and abetting offences against laws of the Commonwealth” AND also to other sections therein, namely s4C (offences under 2 or more laws), s24,(2) (Treason) s24AA,(Treachery) s24A & s24C (Seditious Intention). I am aware of my legal and moral grounds for exemption from road tolls pursuant to s24F(1) of the Crimes Act 1914 AND to the many grounds as herein briefly stated, and many other grounds not herein stated.

I have made such resolve because:

1.0. Tolls discriminate against me, being an Australian citizen and target me who must use toll roads and therefore is Financism (Financial discrimination) against me. Tolls are a finastic (financially discriminating) imposition beyond the means of my control as a commuter.

1.1 Notwithstanding the finastic nature of tolls, the requirement by tollway authorities that I, as a commuter from other localities, pay money to travel on tolled roads is an act of blatant discrimination from one State and/or Territory to the next and is unconstitutional pursuant to s117 of the Commonwealth of Australian Constitution Act. This discrimination also extends between localities within a State. Hence the discrimination is both within a State and between States.

1.2. s117 of the Commonwealth of Australia Constitution Act 1900 says “A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State” The purpose of such a provision is to enhance National unity by promoting a real sense of national identity, case law Street v Queensland Bar Association. Such purpose is binding within the States, such that State governments may not pass legislation or permit any practice to exist that contravenes this section of law.

1.3. The foundation principles of s117 apply to laws enacted within the States and Territories as well as between States and Territories. The imposition of road tolls within one locality and not in another is a violation of s117. Commuters within a State or a locality within a State that does not have tolls may visit another State and/or locality within a State that has tolls and vice-versa. Thus such commuters are subject to discrimination against the provisions of s117. Tollways do not promote a sense of National Unity and pursuant to s117 and/or our will are unconstitutional.

1.4. The treatment of recipients of toll fines is akin to the treatment of convicted persons exported to the colonies for minor inconsequential offences. The harm and stress caused by road tolls and the obscene and disproportionate penalties arising therefrom greatly exceed any purported benefit of the tolls. Any law or authority that may imprison or threaten imprisonment and /or the confiscation of property or cancellation of my registration of my car or my licence, failing to pay a $3.00 road toll is a repugnant law or authority and is totally against our will and against the statutes of Magna Carta 1215, Bill of Rights 1688, the laws of God and many other laws as herein stated and against many other laws not herein stated. In case of any cancellations of my registration or my licence, compensation will be asked by myself, the undersigned, in losses equal to many millions of dollars, due to the fact I will be unable to pursue further the multimillion projects I currently work on.

1.5. The imposition of Road Tolls does not have the consent of the community. Road tolls are not sanctioned by the rule of law and are unconstitutional pursuant to the provisions inherent within of the preamble of the Commonwealth of Australia Constitution Act 1900 AND are illegal pursuant to the results of a referendum on road tolls held by the community group known as VOICE of Australia.

1.6. Section 92 of our present constitution says that “customs, trade, commerce and intercourse among the States…..shall be absolutely free” Such charges and levies clearly infringe the spirit of this section and are unconstitutional. It is our ancient right to travel on our roads without charge or impediment. The Annotated Constitution of the Australian Commonwealth by Quick and Garran has been confirmed by the High Court on numerous occasions as the authority on the interpretation of our Constitution. This authority States “…absolute freedom of trade, commerce, and intercourse may be defined as the right to introduce goods, wares, and merchandise from one State into another, the right to sell the same, and the right to travel unburdened by State restrictions, regulations, or obstructions.”

Notwithstanding any previous and erroneous interpretations regarding the word “among” as written in s92 we hereby clarify that this word shall be henceforth interpreted to mean within States AND between States. This is the correct interpretation pursuant to the Oxford English Dictionary on historical principles and /or common sense and /or natural law and /or our will and any alternate interpretation by the Parliament and /or by the High Court of Australia is incorrect and void. Thus it must be held by the Federal Parliament that for this reason and for the many other legal reasons as written in this petition, that road tolls within States and Territories are illegal and are ultra- virez the power of the State AND Federal Parliament to either permit or to enact.

1.7. Further, the imposition of road tolls is repugnant and illegal pursuant to Magna Carta (1215) which states. “All merchants shall have safety and security… in staying and travelling… for buying and selling… free from all evil tolls…” AND pursuant to our will we deem that all tolls on roads, bridges and tunnels are evil and must be removed.

Notwithstanding the aforesaid further legal and moral reasons requiring the immediate removal of tolls are as follows.

  1. Tolls often require payment for roads that have been fully paid for by the taxpayer.
  2. Charging tolls is monstrously extortionate, unscrupulous and unconscionable. We already pay huge motoring taxes to pay for our roads infrastructure, for example registration and over 80% tax for petrol.
  3. The partial privatisation of our public roads is done without the consent of a majority of electors within each State.
  4. It is my legal Right of Passage under common law to travel on our roads without charge or cost.
  5. It is my sovereign right under our Constitutional Monarchy to travel on our roads without charge or cost
  6. Toll monitoring devices, if present, invade my privacy and rights to travel anonymously within and between States which is an invasion of my privacy against provisions of the Privacy Act 1988, the common law principles of natural justice and many other laws concerning privacy.

10 Tolls are a public nuisance. They cause commuters to use alternate routes, which create unnecessary congestion & pollution

11.0. FUNDING:- There are at least three viable alternatives to funding road infrastructure, namely: –

(a) By the Federal government from profits from the correct utilisation of government notes in a manner similar to the method of funding the Australia’s East-West Railway in 1915. This railway was built without taxation and interest charges and without incurring any debt to Australians whatsoever. (Hansard Vol 129 page 1930)  and https://larryhannigan.com/banks/the-story-of-the-commonwealth-bank/

(b) The Federal government has the right to issue money without debt. This would then not incur debt to Commuters. This is an excellent method for funding road projects. It is the right of Government to issue money for Government projects and the development of infrastructure and for many other purposes. This can be easily achieved in a manner that does not cause inflation, as the aforementioned East-West railway project has demonstrated. Or if the FD CAN NOT ANY LONGER ISSUE MONEY WITHOUT DEBT I DEMAND THIS TO BE PUT IN WRITING TO ME.

(c) Under our Australian Constitution per section 51 (xiii), States, being sovereign states within the Federation have the ability to fully utilise its capacity for credit creation and issue money without debt for the creation of infrastructure.

11.1 Considering the overwhelming benefits of the above funding methods, I see no logical or justifiable reason why they were not adopted by State Parliaments. There is no need whatsoever for the government or the people to be in debt upon the creation of any such public works and absolutely no need for road commuters to pay tolls. Notwithstanding the above methods the State Governments could have chosen funding at low interest rates of about 5%. Instead some State governments chose private funding which returns to the investors at least 17% profit. Hence, State governments have chosen the most expensive option. This is incompetent management.

11.2 The media coverage regarding the funding of roads is misleading, incomplete and inaccurate and does not include discussion of all funding options as afore mentioned and hence public debate is biased.

  1. Tolls have clearly been rejected by Commuters. Rule of Law means that unless the people accept the law then it becomes unenforceable. The fact that many commuters have acquiesced to pay tolls is not an acceptance of tolls. (Actus me invito factus non est meus actus. My own act, done against my will, is not my act).

12.1 Purported requirements to pay tolls fail pursuant to contract law as there is rarely an Absolute Acceptance by commuters. That is there has not been an unequivocal acceptance of all the terms of an offer. Absolute acceptance is required before a binding contract can be formed. (Appleby vs Johnston(1874) LR 9 CP 158 The purported requirement to pay tolls requires a contract between the toll-way authority and the commuter and absolute acceptance or in the least an acceptance of that contract.

  1. Tolls offend biblical laws which are at the foundation of our constitution namely Proverbs 22:27, 11:14, Mark 12, 42,43,44. Further, proof or in the least strong evidence, exists that the E-Tags are the forerunner to Body Tags which are the Mark of the Beast as foretold in Revelations AND I REFUSE TO PARTICIPATE

WRIT OF HABEAS CORPUS

To: ………. Court of ………………… (address)………………., …… (town or city) …………., ……. (state)

Case number: …………. of 20xx

I, ………………………, file this Prerogative Writ. The Orders are:

1 THAT all Courts involved in this matter to cease and desist all actions until such time as this matter is brought before a Lawful Court, sitting in a Lawful Jurisdiction under Chapter III of the Constitution.

  1. THAT any awards, doings and proceedings pertaining to this case to be set aside, in accordance with the Habeas Corpus Act of 1640, until a Judgment is made by 12 of my peers, sitting as Jurors who are competent, independent and impartial.

Signed: ……………………………. Name: …………………. Address: …………………………… Telephone:

………………………………………………………..

Kind regards
Name  with address etc