Ad JS

Collapse

Leaderboard

Collapse

Leaderboard Tablet

Collapse

Announcement

Collapse
No announcement yet.

Failure to Register Vehicle - New Residents

Collapse

300x250 Mobile

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Failure to Register Vehicle - New Residents

    You stop a guy with out of state tags. The registration period for the tag is still current in that other state, however, he has established residency and has worked in Texas for the past 6 months. He also holds a current and valid TDL. The insurance card for his vehicle also shows his Texas address. He tells you that he hasn't had time to get Texas tags and it just so happens, he was going to do it tomorrow (riiiiight).

    You go back to your car to write him a citation for Failure to Register Vehicle- New Resident, within 30 days, but you can't find the statute. You ask your buddies but nobody knows. They all look it up but can't find it. You look on the Texas DPS site and it says it right there:

    New residents are required to do the following within 30 days of moving to Texas:

    -Get a vehicle inspection
    -Register and title their vehicle


    Question is, if it's a requirement, then there must be a law. If there's a law, then there must be a statute. If there's a statute, then it has to be written down somewhere. So where is it!?
    sigpic

    " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

  • #2
    I just recently passed TCLEOSE and am from Indiana.. During my supp officers course and all my studying for TCLEOSE, I could not find any mention of a number of days to obtain a DL.

    Only thing I seen was what you posted above, I wouldn't write if I couldn't find the statue.
    "If you find yourself in a fair fight, your tactics suck"

    Comment


    • #3
      When in doubt, blue form..

      Comment


      • #4
        Lol, blue form what? It's not an accident, just a traffic stop.
        sigpic

        " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

        Comment


        • #5
          I know, but Blue Forms make our job easier...

          Comment


          • #6
            The statute doesn't state a time limit, so I guess one day would be a violation. I think the old Vernon Civil Statues listed the 30 days, but that was done away with years ago when they passed the Transportation Code.

            Sec. 502.002. REGISTRATION REQUIRED; GENERAL RULE. (a) The owner of a motor vehicle, trailer, or semitrailer shall apply for the registration of the vehicle for:

            (1) each registration year in which the vehicle is used or to be used on a public highway; and

            (2) if the vehicle is unregistered for a registration year that has begun and that applies to the vehicle and if the vehicle is used or to be used on a public highway, the remaining portion of that registration year.

            (b) The application must be made to the department through the county assessor-collector of the county in which the owner resides.

            (c) A provision of this chapter that conflicts with this section prevails over this section to the extent of the conflict.

            (d) A county assessor-collector, a deputy county assessor-collector, or a person acting on behalf of a county assessor-collector is not liable to any person for:

            (1) refusing to register a motor vehicle because of the person's failure to submit evidence of residency that complies with the department's rules; or

            (2) registering a motor vehicle under this section.

            Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.44(a), eff. Sept. 1, 1997.
            Ut humiliter opinor

            Comment


            • #7
              Transportation Code 502.0021(a) authorizes TXDOT to promulgate registration rules. 43 Texas Administrative Code 17.22(f) states:

              Out-of-state vehicles. A vehicle brought to Texas from out-of-state must be registered within 30 days of the date on which the owner establishes residence or secures gainful employment, except as provided by Transportation Code, §502.0025. Accompanying a completed application, an applicant must provide:
              (1) an application for certificate of title as required by Transportation Code, Chapter 501, if the vehicle to be registered has not been previously titled in this state; and
              (2) any other documents or fees required by law.
              You would write the guy for violating Transportation Code 502.402(a). That subsection states:

              A person commits an offense if the person operates a motor vehicle that has not been registered as required by law. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200.
              Last edited by Lawfficer; 01-10-2010, 05:37 AM.

              Comment


              • #8
                Registration question:

                So my mother purchased a vehicle for me under her name due to credit issues. I can't get the title turned over to my name until the car is paid off. So I moved here from NC however the people at the DMV office are telling me I can't switch my registration to TX unless my elderly mother travels here to sign the paperwork. Also, the texas insurance companies won't let me get TX insurance until I get the vehicle registered first. Anyone know a way I can get through this registration issue without my mother traveling all the way here. Someone told me there's some form I can mail my mom however no one seems to know how I can find it. The employees at the DMV are not a big help.

                Thanks

                Comment


                • #9
                  Sheep, have her sign a power of attorney regarding the vehicle.. This will authorize you to make all transactions, it will probably still have to be plated in her name, but you can do that.

                  Regarding insurance, it will probably have to be in your mom's name, but you listed as a driver..
                  "If you find yourself in a fair fight, your tactics suck"

                  Comment


                  • #10
                    Go to the local tax office and tell them your issue. They should give you the proper paperwork and you can fax it to her to sign and send back to you.
                    “The man in black fled across the desert, and the gunslinger followed."

                    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                    Comment


                    • #11
                      Doing the same thing right now. You have to get it notarized and have her write a letter stating that she is giving you the vehicle.
                      “…unless one lives and loves in the trenches, it is difficult to remember that the war against dehumanization is ceaseless.” -Audre Lorde

                      Comment


                      • #12
                        Marp0d, so once I get the notarized letter, would I just take it to the DMV and they handle the rest? Let me know the entire process. PM me if you'd like. Appreciate it bro!

                        Comment


                        • #13
                          I have a quick question on this issue. I have a friend who is a contracter who does somewhat long term projects in other parts of the country. For example, he worked at a construction project in Houston for 9 months. He still owns a house in Kansas City, but he also rented an apartment for a time in Houston and when the project was complete, he returned here. Now seeing as how he is not in the military, or a college student, what laws would apply to him?
                          What is Perseverance?
                          -Perseverance is commitment, hard work, patience, endurance.
                          -Perseverance is being able to bear difficulties calmly and without complaint.
                          -PERSEVERANCE IS TRYING AGAIN AND AGAIN.


                          BOP - BPA - ICE

                          Comment


                          • #14
                            As long as he still has a KS/MO (which ever one he's in) DL, he doesn't need to change his car over...
                            “The man in black fled across the desert, and the gunslinger followed."

                            "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                            Comment


                            • #15
                              It's actually 60 days now.

                              Comment

                              What's Going On

                              Collapse

                              There are currently 9694 users online. 410 members and 9284 guests.

                              Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

                              Welcome Ad

                              Collapse
                              Working...
                              X