or
Join Now!
|
|
Home/Government/Traffic Law
|
| Forum |
Ask A Question |
Question Board |
FAQs |
Search |
Return to Question Board
| Question Details |
Asked By |
Asked On |
| Texas traffic law - when can police break it. |
vzwscott |
06/21/04 |
Here is the question - A police officer sets up to run traffic (radar) on an access road in a large city. The officer parks his marked vehicle in a fire lane, blocking a driveway marked as "Entrance Only" and then when he catches a violater he uses the entrance as an exit. I will attach the law governing this but I need hel interpreting the *** highlighted *** part please. Does the part inside the stars apply only when the officer is on an emergency call or anytime? See below.
What does irrespective of another provision of this SUBTITLE mean? Where does the SUBTITLE stop?
You can read past the stars if you want the next section says when an officer can do everything mentioned in the first section.
CHAPTER 546. OPERATION OF AUTHORIZED EMERGENCY VEHICLES AND CERTAIN
OTHER VEHICLES
SUBCHAPTER A. AUTHORIZED EMERGENCY VEHICLES
§ 546.001. PERMISSIBLE CONDUCT. In operating an
authorized emergency vehicle the operator may:
*************************(1) park or stand, irrespective of another provision
of this subtitle; *********************************
(2) proceed past a red or stop signal or stop sign,
after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided
by an ordinance adopted under Section 545.365, as long as the
operator does not endanger life or property; and
(4) disregard a regulation governing the direction of
movement or turning in specified directions.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 546.002. WHEN CONDUCT PERMISSIBLE. (a) In this
section, " police escort" means facilitating the movement of a
funeral, oversized or hazardous load, or other traffic disruption
for public safety purposes by a peace officer described by Articles
2.12(1)-(4), Code of Criminal Procedure.
(b) Section 546.001 applies only when the operator is:
(1) responding to an emergency call;
(2) pursuing an actual or suspected violator of the
law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety
purposes; or
(5) conducting a police escort.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 66, § 1, eff. May 16, 2003.
§ 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED. Except
as provided by Section 546.004, the operator of an authorized
emergency vehicle engaging in conduct permitted by Section 546.001
shall use, at the discretion of the operator in accordance with
policies of the department or the local government that employs the
operator, audible or visual signals that meet the pertinent
requirements of Sections 547.305 and 547.702.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT. (a) A
volunteer fire fighter who operates a private vehicle as an
authorized emergency vehicle may engage in conduct permitted by
Section 546.001 only when the fire fighter is using visual signals
meeting the pertinent requirements of Sections 547.305 and 547.702.
(b) An authorized emergency vehicle that is operated as a
police vehicle is not required to be equipped with or display a red
light visible from the front of the vehicle.
(c) A police officer may operate an authorized emergency
vehicle for a law enforcement purpose without using the audible or
visual signals required by Section 546.003 if the officer is:
(1) responding to an emergency call or pursuing a
suspected violator of the law with probable cause to believe that:
(A) knowledge of the presence of the officer will
cause the suspect to:
(i) destroy or lose evidence of a suspected
felony;
(ii) end a suspected continuing felony
before the officer has obtained sufficient evidence to establish
grounds for arrest; or
(iii) evade apprehension or identification
of the suspect or the suspect's vehicle; or
(B) because of traffic conditions on a multilaned
roadway, vehicles moving in response to the audible or visual
signals may:
(i) increase the potential for a collision;
or
(ii) unreasonably extend the duration of
the pursuit; or
(2) complying with a written regulation relating to
the use of audible or visible signals adopted by the local
government that employs the officer or by the department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
|
Clarification/Follow-up by vzwscott on 06/22/04 4:14 pm:
This is a pretty big City (over 600,000) in a huge metroplex. They are already harrassing me before this ever happened. I have been stopped 4 times in the past 12 months in this city. Never given a good reason why. I drive a brand new F 150 tan in color. No tinted glass, no defects, not a loud muffler - they just like to stop me because I normally drive 5-10 miles UNDER the speed limit late at night so I can see clearly what is around me (only on city streets - I drive the speed limit on highways at night) That brings up another question. Can they stop me for impeding traffic for driving "about 30 MPH" in a 45 on a 6 lane city street at 3am when there is no traffic at all? No other PC except driving slower than the posted speed limit.
Clarification/Follow-up by RDWilson2 on 06/23/04 10:43 am:
While your intentions may have been of the purest nature (i.e. safety, etc.), you seem to have been/be giving the impression that you are up to no good (casing neighborhoods, "driving under the influence", looking for "companionship", or whatever). As has been pointed out, if your behavior matches the behavior of bad guys, then you will probably be checked out to see if you _are_ a bad guy.
Moral 1: Drive at or very near the speed
limit (or the speed of the rest of
the traffic), especially late at
night.
Moral 2: Try to remember that the police
are probably trying to just do
their jobs, so try to think of
what characteristics your
driving/behavior exhibited and
consider whether it might not match
the characteristics the police have
consistently noticed in "bad
guys". (If so, consider changing
that behavior. ;-)
|
| |
|
Your Options |
Additional Options are only visible when you login! !
|
|
|
|
