Credit New Line Cinema, Polygon.com.
CHATTANOOGA, Tenn., Wednesday, Dec. 13, 2023 — By midnight tonight I must file a second of two arguments in my demand for an injunction to obtain a temporary tag from the department of revenue.
By David Tulis / NoogaRadio Network
At issue is the eye of Sauron that has been raised by “The Guano,” the revenue commissioner David Gerregano, which on a tower peers over the entire landscape of Tennessee and which alights upon people on the roads who do no have insurance on their cars.
My lawsuit throwing a bit of rusty two-footlong bit of rebar into the blazing eye intends to make it blink, or to squint. After a bit of judicial surgery proposed by my lawsuit inside the agency, it will reopen and look only upon that category of driver/operator called “high risk.”
David Gerregano, Tennessee revenue commissioner
For those drivers are the ones the giant database eyeball is designed to see, to perceive instantly they let an insurance policy lapse. The eye focuses on them because they are the parties subject to the TFRL, the Tennessee financial responsibility law of 1977, and they are bad boys and girls who failed to obey the law. The result of not obeying the statute requiring “proof of financial responsibility” is coming under suspension of the department of safety – suspended license, suspended registration. Up to five years.
The eyeball is the EIVS, the electronic insurance verification system set up in 2016 and becoming operational in 2017 that is supposed to monitor a tiny group of motorists on the road.
That group consists of people who have violated the financial responsibility law at TCA 55-12-101 et seq by failing to deal with the commissioner of safety in the 20-day window in which to show “financial responsibility” in any of four ways, including insurance.
People who ignore this duty, who lose a court judgment or who fail to settle with the other party in a crash, come under the eyeball of Sauron.
I’m trying to throw the eyeball to the ground by insisting that it’s not supported by any law in Tennessee, it is not supported by the Tenn. Code Ann. § 55-12-101.
If the judge agrees with my petition for injunction, he likely will agree with my analysis that the program is outside the statute and illegal. If he is committed to his party and his employer, he will find a way to rationalize away all the statutory infrastructure.
I’m attempting to save half a million people from criminal conviction in the next five years. tTe state is using criminal prosecutions of people who do not have insurance, as alleged against them by the eye of Sauron signaling into insurance company databases under the IIVCMA trade group standards.
My work on this document, 26 pages, began Friday. I put in 20.1 hours on Saturday and Sunday, three hours on Monday 7.4 hours Tuesday and 9 hours today when my show is over I will be working to get this filing off my desk. I assemble the exhibits file, scan and email it to myself. At home, I’ll combine the exhibits pdf with the reply. Or Ed Soloe will combine the two.
The attorney representing Cmsr. Gerregano says that there is no filter on the EIVS system, that it is supposed to see and snag every registered vehicle owner. This sets up the department to run an operation without due process hearings, and against the grain of the way the law is laid out.
EIVS allows revenue to get instant updates looking into these databases of customers of insurance companies. A car tagged sparks three notices to be sent to the registered holder of the vehicle. The system applies only to motor vehicles (not automobiles).
“The lack of any qualifying or narrowing language leaves the EIVS inquiry open to any motor vehicle registered in Tennessee,” says the commissioner in a filing.
This claim is balderdash, and because it has caused 408,000 people to have been criminal convicted in the past five years I am suing him.
