TexasCHLforum.com

PappaGun wrote:

srothstein wrote:...The reason the signs and law do not refer to the speed limit is because we do not have a real speed limit in Texas...

Well your honor, you see, there is this guy on this forum call texaschlforum, his handle is srothstein, at least I think he's a guy, from his name n all. I never actually met him. But I think he's an officer. And HE said..........

Well, if you read my signature line and see my name is Steve, it might help convince them I was a guy.

But since so few people bit on the speed limit line, I thought I would throw out another one. I was talking about this with a friend who will remain nameless. He had an interesting observation on the whole thing.

His question was why so many people realize the CHL is not a license to go be a cop in case of an assault or something, but why even more people think their driver's license is a license to be a cop and enforce traffic laws? That was how he saw people who insist on staying in the left lane to slow down those crazy speeders.

Having wished several times that I could hit the red lights when I was just in my POV, I sure can understand that temptation.

terryg wrote:If they wanted 'normal' to reference the posted speed limit - why couldn't they simply add those three words to the code "posted speed limit"? On the other hand, why should this law supersede the speed limit statutes?

Well, I have been trying hard not to bring this up again, but after your post, I just could not resist any further. It opens a whole different can of worms to talk about though, so maybe it will get us off the topic of the left lane, anyway.

The reason the signs and law do not refer to the speed limit is because we do not have a real speed limit in Texas. Remember that the law says that speeding is going faster that what is reasonable and prudent for conditions. Exceeding the posted speed limit is only a prima facie case, and it is not a crime. One way to eat a speeding ticket is to accept the speed you were going and then argue that it was both reasonable and prudent. And of course, the way to show reasonable is to show what speed the average person was going - the flow of traffic.

For example, we all know of highways around our area where everyone speeds. If you tried to do the actual speed limit, you would quickly get run over. In cases like that, if someone picked you out of the crowd for a speeding ticket, and you could prove the flow of traffic was what you were doing, you should win (though it might take an appellate ruling, which is very expensive for just a speeding ticket).

And that is why the guy in the left lane might not be breaking the law by going faster than the posted speed limit. If his conditions are different from yours (training, equipment, circumstances, etc.), the speed he is doing might very well be reasonable and prudent. And that is why you should move over and let him by, besides being the already posted friendly, Texan thing to do.

speedsix wrote:as far as an underlying blanket law requiring us to keep right unless passing...not aware of it

Just thought I would point out this law for you, Transportation Code section 545.051(b) states:

An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:

(1) passing another vehicle; or

(2) preparing for a left turn at an intersection or into a private road or driveway.

Note the speed limit and signs are not mentioned, just if you are moving slower than the other traffic, you are supposed to move right unless passing or turning left.

I have said before, and will say again and again, that there are a lot of little clauses in the Transportation Code that most of us are unaware of. Almost every time I read it, I find another one.