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Old 12-24-2003, 08:56 AM
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Arrow New Texas Traffic Laws

Traffic Laws

I just got this from a friend. It's pretty interesting and well worth thinking about...and passing on to others.

Let my misfortune be a lesson for you. This is a long story, but a must read. This really happened to me on (12/10/03).

Yesterday, I was driving into town along the Southwest Freeway around 12:30 PM. I was in the far left lane doing the posted speed limit of 65 and going with the flow of traffic. When I got over the Bissonnett/Braeswood overpass, there was an HPD squad car parked on the left shoulder with the officer standing out in front of his vehicle pointing his radar gun at oncoming cars. Your inclination automatically tells you to slow down, whether you were speeding or not.

Not a 1/2 mile down the freeway, there was another HPD officer that had someone pulled over on the left shoulder giving the person a ticket. I thought, man this was an obvious speed trap and kept on going. I had slowed down to around 60 at that point as now the posted speed limit was 60.

About a mile up the road, around Gessner, another HPD officer had someone else pulled over to give them a ticket and literally in front of that traffic stop was another HPD officer (yes we are up to 4 cop cars now in about a mile) walking around to the front of his car. Just as I was approaching him, he pointed his radar gun at me and signaled for me to pull over. I was shocked, because I know that I was going the posted speed limit (60) as I immediately looked at my speedometer.

The officer came to my window and said "do you know how fast you were going?" I said yes, I was going 60. He said "you were doing 58" and he showed me his radar gun, which read 58. I said okay. He said "you failed to slow your speed down by 20 MPH or move over to the adjacent lane when an emergency vehicle was stopped in the flow of traffic." I said, I did not know that was a law (of course that is never a defense) and he said it was and asked for my license. I offered that and my concealed handgun license to him (as I am required by law, being a CHL carrier), as well as the knowledge that I was carrying my pistol under the rear passenger seat. The officer wrote me a ticket that carries a $200 maximum fine for this infraction.

Come to find out, this is a new state law as of September 1, 2003. From the TX DPS website, the law reads:
* SB 193 requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to:
* Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or
* Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or
* Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.
* A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.
Yes, I got a ticket for going less than the posted speed limit for this.

http://www.txdps.state.tx.us/directo.../pr081903b.htm


New Traffic Laws Take Effect

Driving-related legislation taking effect September 1, 2003:

SB 45 makes it a state jail felony to drive while intoxicated with a passenger younger than 15.


SB 193 requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to:
Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or
Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or
Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.
A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

Having a video display that is visible from the driver's seat is illegal.

SB 209 expands the definition of video receiving equipment to include digital videodisc players, videocassette players or similar equipment. This equipment may be used only if it is located so that the video display is not visible from the operator's seat.


HB 1326 automatically suspends for one year the driver license of anyone convicted of illegally racing on a public roadway. Before the license can be reinstated, the driver would have to complete 10 hours of community service. The punishment for illegal racing increases to a Class B misdemeanor. The law also increases the punishment for drivers who are racing drunk, who have open containers of alcohol in the vehicle when racing, who seriously injure or kill someone during the race or who have been convicted multiple times of illegal racing. Those offenses range from a Class A misdemeanor to a second-degree felony.


SB 439 makes it illegal to add reflective material, lights, emblems or anything else that changes the color of the license plate or makes it difficult to read the letters on the license plate. The name of the state where the vehicle is registered must be visible.


SB 613 suspends the driver license of anyone under the age of 21 who is convicted of the manufacture, delivery, possession, transportation or use of an abusable volatile chemical.


HB 2096 makes human trafficking a second-degree felony; if the person trafficked is younger than 14 years of age or the commission of the offense results in the death, the offense is a first-degree felony. The bill also makes it a Class B misdemeanor to transport a person in a trailer or semi-trailer.


HB 292 strengthens an existing law and allows a police office to have a blood or breath alcohol sample taken from a driver involved in an alcohol-related crash that kills or seriously injures another person, either in a motor vehicle or a boat.


SB 895 requires that a parent or family member participating in the Parent-Taught Driver Education Program have a valid license for the previous three years. The license cannot have been suspended, revoked or forfeited during the past three years for traffic-related violations.


SB 1445 amends the current law to allow limited use of electronic information from the magnetic strip on the back of driver licenses by banks-and Texas Parks and Wildlife and its vendors.


HB 148 makes it a Class A misdemeanor to manufacture, sell or possess a placard that is deceptively similar to a disabled parking placard without proper authorization. A person also commits a Class B misdemeanor if they knowingly park in a space designated for persons with disabilities using a counterfeit placard.


HB 1784 makes it an offense for a person to park their vehicle where it blocks a disabled access aisle that is designed to aid persons with disabilities.


HB 1330 allows an applicant to voluntarily list on their driver license or identification card any health condition that might impede communication with peace officers. The applicant must supply DPS with a written statement from a licensed physician. (NOTE: This law takes effect Jan. 1, 2004.)


HB 3588 increases the penalty for seriously injuring someone when illegally passing a school bus that is loading or unloading students to Class A misdemeanor.


NOTE: An erroneous email has been circulating the Internet, claiming that HB 281, which outlawed talking on a cell phone while driving-or without using a hands-free device-had passed and will take effect September 1. The bill did not pass and will not take effect.

Terry
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Old 12-24-2003, 09:09 AM
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Florida passed that law last July.
The only way that I knew about it was because I was searching the DMV website for titling information.
I've asked many people if they're aware of it and nobody's ever heard of it but me.

Texas..Texas...Isn't that where they were handing out tickets for license plate frames a while back?

Ed
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Old 12-24-2003, 09:14 AM
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Quote:
Texas..Texas...Isn't that where they were handing out tickets for license plate frames a while back?
Yes and they still are!


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Old 12-24-2003, 10:20 AM
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Wink Be Careful Out There!

We got officers dressed in civilian clothing with radar guns on our over passes here in Austin.
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Old 12-24-2003, 10:22 AM
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That law sucks eggs......same goes for the license plate frame one. WTF is going on in your state?!? I thought CA was bad.....geez!
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Old 12-24-2003, 01:33 PM
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Another thing

OR TWO

In Texas the local municipalities are rewarded by the State for the writing of No seat belt Tickets. I personally saw this in Irving. A police officer was hidding behind a telephone pole (he was on foot) with a radio and a pair of binoculars and was telling other police officers to pull over certain cars for the offense. I could not believe this. I was at Westway Ford and a Police officer came into the dealership and I asked him what was going on and he told me that they were catching the people that did not have seat belts on. They have written on average 500 per day in Irving Texas for the past SIX MONTHS. The tickets cost $200.00 each PER PERSON. And they get money from the State for the same ticket!

And another thing ........
If you do not have a front license plate you better get one. The tickets are $150.00. Even if the cars did not have a place for one on the front bumper they are writting tickets for this as well. We all know Cobras do not have front plates, they do not care. They are setting up Traps with 20- 30 officers at each location to write these tickets. The last one they had in Irving they wrote 3,200 tickets in one week. I have also read in the paper that other towns are starting to enforce this law as well.
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Old 12-24-2003, 01:37 PM
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So far in the Cobra I wave at the cops, and they wave back.

But when I'm in my ugly old diesel pickup? They are are on me like stink on'a skunk...
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Old 12-25-2003, 07:50 AM
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Oh yeah,
When I am in my 68 Dart, They give me an escort.

Did you know in New Jersey, you are not allowed to drive in the left lane unless you are passing someone? My wife got
nabbed for that one

BTW, Thanks for the heads- up.
Steve
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Old 12-25-2003, 07:56 AM
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Old 12-25-2003, 08:00 AM
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Don't count California out of the mess yet. Our newest rage is the seat belt tickets by the hundreds. CHP,( Seat Belt Patrol Section ) driving unmarked white older Cameros and other cars will pull up and look in your window to see if you have your seat belt fastened. Great thing about my 65 Comet. It ony has a lap belt and they have to have some reason to stop me if they want to look. I do have it fastened as I have always been sort of a seat belt fanatic and do believe in them. But they are really gooing wild about that out here right now. Actually the (Seat Belt Patrol) was my invention as all of the people that have gotten those tickets were stopped by unmarked cars of the type described above.

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Old 12-25-2003, 11:03 AM
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Quote:
Originally posted by Steve R


Oh yeah,
When I am in my 68 Dart, They give me an escort.

Did you know in New Jersey, you are not allowed to drive in the left lane unless you are passing someone? My wife got
nabbed for that one

BTW, Thanks for the heads- up.
Steve
I wish this was an enforced law in NJ! It would make the highways so much easier to drive on.

-steve in nj-
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Old 12-25-2003, 12:45 PM
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Cool

Steve,
I told my friend (who is a cop in Chester). He laughed and said "Boy that's a real ball buster" He has written tickets for "obstructing the flow of traffic" to people who like to drive slow in the left lane.
Steve
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Old 12-25-2003, 12:54 PM
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A word about our Texas boys...
The license plate deal came about because people were using all kinds of stuff to hide their plates for street racing and running the locations of the 'ticket cameras'. The only way to make an enforceable law was to ban everything, period.
Seat belts have been a favored target for years.
The license plate enforcement has been a problem for a long time, and is getting worse. A way out is to carry a printout of the DPS instructions with you. They say that if you register your car as a classic, antique or show, the state will issue ONE license plate to you. Even though I use '66 plates (you have to have a pair to register these) I use the DPS form to convince the officer that I only need use one of them. I used to mount the 2 plates one on top of the other so that I had 2 plates on the car, but got pulled over once and this caused some problems because the cop new I was being a smarta$$ and he had no sense of humor...at all. Luckily, the JP did and threw the ticket out. A bigger glitch was when I received a citation for not wearing a seatbelt because I had not fastened the SHOULDER harness in the Cobra..the law treats these belts just like a seatbelt. If you have shoulder harnesses, technically you MUST wear them when in motion.
All in all, though our Tx boys are a pretty reasonable bunch..especially compared to the dreaded and feared in CA!
Finally-----Y'ALL HAVE A GREAT CHRISTMAS AND GIVE YOUR FAMILY A BIG OLE TEXAS HUG FROM US IN THE LONE STAR STATE!
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Old 12-25-2003, 08:33 PM
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Sounds to me like this is a (kneejerk?) reaction to all the hoopla over police cars exploding when hit from behind on traffic stops.
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Old 12-26-2003, 09:33 AM
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Robert
You are correct about the shoulder harness in Texas. If it is IN the car it must be secured around you. I do not have the actual verbage for this, but this has been talked about here before and I think someone actaully quoted the law as it pertained to this. Seems like I remember someone here in the TCC club actually got a ticket for haveing a shoulder harnes and not weraing it.

Paul Cass has had his share of problems, but I do not remember if it was him or not.

It is not hard to do the right thing............
It is hard to know what the right thing is!
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Old 12-29-2003, 10:30 AM
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Trust me, if the man if Blue has it out for you he'll find something.
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Old 12-29-2003, 09:11 PM
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Default lp frames

The law about the obstructed License Plates actually came from the Texas Turnpike Authority. It seems that if the state name is not clear, they cannot mail citations to people that run toll booths. People were putting those clear plastic covers over the plate and when the high speed camera took pictures, the plate was not able to be read. Others were placing reflective tape around the numbers that also gave the cameras problems. This is also a problem with the red light cameras, but they actually use a little different technology. Seems the State looses quite a bit of money from the turnpike runners.

It is true that the state has a grant to have active seat belt enforcement. Click it or Ticket. This is not a "reward". It is a grant paid by the state. The State does not pay by the ticket, they pay by the hour. The amount is equal to the overtime rate of the Officer. Some smaller departments pay alot less than bigger ones. There are no amounts you have to write. You can write as many as you want.
20-30 officers in the Irving Police Department seems a little high knowing how many officers are ont he streets at one time.

I have mixed emotions on seatbelts, I have seen what happens when they are and are not worn. Kinda like the helmet law. (side note, to legally not wear a helmet, you have to take a motorcycle safety course or have an extra 10,000 dollars added medical coverage on you insurance.)

The law about moving over or slowing down did not come from the fords blowing up, it has been introduced before and not passed. The law is to curb the number one cause of officer deaths, traffic accidents.

You will never please everyone. We still pull people over that say they do not need a DL cause Texas is it's own nation and they do not recognize law enforcemnet authority. (or they bought it at TRADERS VILLAGE ) Pulled a guy over when I was in patrol a few years ago. Hey asked if I had anything better to do. I explained to him the number one cause of death (non natural) in Carrollton was a traffic accident and the number one cause of money lost was traffic accident. Not murder or theft. He had his kids and wife in the car and just blew the red light at Trinity Mills and Josey. He thought about it and said thanks, signed his ticket and went away. Hope he changed his driving habits.

The fine amounts differ from city to city. $150 seems a little high for the not moving over ticket, might be alot of court cost in your city.

By the way, I lived in Placentia California in 1988. Got pulled over because of an inspection sticker. I was driving a 1972 firebird formula 400. It cost me $360 dollars just to get it to pass inspection due to all the smog stuff. I count my blessings not to be in California!!!
Remember be safe.

Todd
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Old 12-29-2003, 09:51 PM
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Default Re: lp frames

Quote:
Originally posted by todd

....I have mixed emotions on seatbelts.... Todd [/b]

Why?

Brett J. Bolte, M.D.
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Old 12-30-2003, 06:52 AM
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I know in Indiana- the north for all you in TCC they have a law very similar to the one about getting over in the next lane when a police car has pulled somebody over in the emergency lane. I believe the reason for this one being on the books is because the number of officers that were injured while handing out citations and giving warnings was alarming. They want you to pull as far off in the emergency lane as possible as to give the officer more room between him and the interstate.

I'm not sure but I think Ohio has a law simialr to this one... Rick you can help me out on this one.

When I was picking up my motor from Bennett in Alabama, a state trooper came accross the median to give me a $ 25 ticket for not wearing my seatbelt. Unusual because that is the first second or third thing I do when I get in a vehicle. Then to make matters worse the trooper tells me " mail your check in the address on the bottom of the citation." So I did what I was told. I get the check back 2 weeks later saying that it has to be a cashiers check. Well F$$$$. I call them up tell them what the officer told me to do and told them to make sure that they instruct the officers on what the heck they are talking about. Like they are going to listen to some out of state yahoo.... but I felt better after I got that off my chest.
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Old 12-30-2003, 07:43 AM
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Every piece of safety equipment has a small percentage of flukes or failures. But the odds are greatly increased with their use.

I personally know a fellow who was involved in an accident BECAUSE of airbags going-off on a bad road. Likewise, with seatbelts and helmets. One can always find an isolated example of safety equipment causing more harm than good.

I REALLY appreciate this post, since it is so difficult to keep-up with changes in laws.

Thanks!
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