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Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 4:06 pm
by E.Marquez
HB 657 which would have removed the need for a front plate died on the vine this last session
http://legiscan.com/TX/text/HB657/id/702802" onclick="window.open(this.href);return false;
Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 4:18 pm
by cb1000rider
I was stopped a few weeks ago for not having a front plate. I bought a car from MI and didn't install the TX plate.
Note, I believe recent caselaw means that you can't do what you were doing - that is display in the front window can get you a ticket. Here's a reference:
http://www.cca.courts.state.tx.us/OPINI ... ONID=20044" onclick="window.open(this.href);return false;
Basically if it's not in the "foremost part of the vehicle" you're doing it wrong.
Per above, if HB657 died in committee, it's still illegal to not have a front plate.
Even if it passed, having a plate in the windshield is illegal over not having one at all...
Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 6:21 pm
by E.Marquez
cb1000rider wrote:I was stopped a few weeks ago for not having a front plate. I bought a car from MI and didn't install the TX plate.
Note, I believe recent caselaw means that you can't do what you were doing - that is display in the front window can get you a ticket. Here's a reference:
http://www.cca.courts.state.tx.us/OPINI ... ONID=20044" onclick="window.open(this.href);return false;
Basically if it's not in the "foremost part of the vehicle" you're doing it wrong.
All that is above in this thread..
It has case law going both ways, required front most, and another judge that said, if that is true, then why do we allow not the rear most location to be the only legal spot? (many cars you'll notice the rear plate is on the trunk deck, or in any case not on rear most face surface of the bumper)
And as far as the other thing... with HB 657 left to die in session, and HB557
http://www.capitol.state.tx.us/BillLook ... Bill=HB557" onclick="window.open(this.href);return false; died in committee
It leaves us right where we were last session unless someone has another bill that was passed and sent to the gov.
Two plates required, TC says it's a violation if not two, but no penalty is assigned, so no way for a court to claim jurisdiction nor adjudicate the citation if written.
Of course IANAL
Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 10:10 pm
by cb1000rider
E.Marquez wrote:
Two plates required, TC says it's a violation if not two, but no penalty is assigned, so no way for a court to claim jurisdiction nor adjudicate the citation if written.
Got a cite? I find it interesting to be stopped for an offense that I can be fined for...
Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 10:14 pm
by rm9792
cb1000rider wrote:E.Marquez wrote:
Two plates required, TC says it's a violation if not two, but no penalty is assigned, so no way for a court to claim jurisdiction nor adjudicate the citation if written.
Got a cite? I find it interesting to be stopped for an offense that I can be fined for...
Search Google texas front license plate law
Re: Texas License Plate Law?????
Posted: Mon Jul 01, 2013 11:18 pm
by E.Marquez
cb1000rider wrote:E.Marquez wrote:
Two plates required, TC says it's a violation if not two, but no penalty is assigned, so no way for a court to claim jurisdiction nor adjudicate the citation if written.
Got a cite? I find it interesting to be stopped for an offense that I can be fined for...
It's still a law, on the books, it is just missing the penalty part..
Look in this thread,,, all the info you need to cure your curiosity is here.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 6:47 am
by Rex B
I'm fine with that. I'll leave the front plate off that one car.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 11:41 am
by cb1000rider
Rex B wrote:I'm fine with that. I'll leave the front plate off that one car.
It seems to me that you've just provided cause to be stopped.. At least under my experience. No Thanks.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 12:28 pm
by Panda
Panda wrote:They way I heard it, they had time toreinstate the fine but ran out of time for gun rights. Priorities I guess.
HB 625
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 2:34 pm
by tomneal
I pieced this together from:
http://legiscan.com/TX/text/HB625/id/700901
and
http://www.statutes.legis.state.tx.us/
Sec. 504.943. OPERATION OF VEHICLE WITHOUT LICENSE PLATE. (a) Except as provided by Subsection (b), a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates that:
(1) have been assigned by the department for the period; and
(2) comply with department rules regarding the placement of license plates.
(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:
(1) has been assigned by the department for the period; and
(2) complies with department rules regarding the placement of license plates.
(c) This section does not apply to a dealer operating a vehicle as provided by law.
(d) A court may dismiss a charge brought under Subsection (a)(1) if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays an administrative fee not to exceed $10.
(e) An offense under this section is a misdemeanor
punishable by a fine not to exceed $200.
I may have to put the front plate back on my car.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 2:39 pm
by Wes
I bet there will be a few tickets given out on sept 1 at a minimum
I'm still not putting mine on tho, the ticket is still dismissible with a small court fine if you show that you complied. At least it was the only time I have received a ticket for it.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 2:53 pm
by cb1000rider
You've got more time than I do!
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 3:05 pm
by Wes
Considering it has only happened once in the 4 years I've had the car, its not really a big deal. If it happened every month, every other month even, I could see the potential problem but that just hasn't been my experience.
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 3:18 pm
by cb1000rider
I distinctly remember being stopped twice:
1) Once in my own town, by a local officer, recently. He stopped me, cited the law to me (even gave me a copy) and let me off with a warning. I didn't know at the time that there is no penalty.
2) I was stopped in Williamson county. As part of that traffic stop, I was asked for my social security number. I refused and was told that I either comply or I'm going to jail immediately. I complied. I believe the officer would have taken me for the ride and on that particular day, and I had a few things to get done that made it not worth the hassle. This particular law enforcement office is notorious for zero tolerance policies. He did let me go with a warning also.
Without a license plate, I just assume I can be stopped at any time...
Re: Texas License Plate Law?????
Posted: Tue Jul 02, 2013 7:41 pm
by nightmare
cb1000rider wrote:Without a license plate, I just assume I can be stopped at any time...
We should just assume we can be stopped at any time. It's safer that way.