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Traffic code enforecement entering public street

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  • Traffic code enforecement entering public street

    Was discussing this with my chief the other day, and even after asking the “all-knowing DPS traffic gods” I’m still not sure…

    Vehicle on private parking lot, turning onto public street with no signal. Can I pull them over for not signaling? Also, if so, exactly where in the Transportation Code can I find that?

    Everybody I discuss with seems to feel it’s a gray area. I’ve looked but can’t find the exact statute that I assume would be there…
    Opinions expressed in my posts are mine and mine alone. They do not represent the views of any employer, past, present, or future.

  • #2
    I would say no - the signaling requirement only applies to vehicles on publicly maintained streets, which the private parking lot obviously does not fall under. TC 542.001 says provisions regarding the operation of motor vehicles only applies to highways unless otherwise stated, and the signaling requirement makes no statement about private parking lots.

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    • #3
      +1. Must be on a public road or highway. Think of it this way: You don't use your turn signal when leaving your driveway do you?

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      • #4
        Originally posted by crawfish963 View Post
        +1. Must be on a public road or highway. Think of it this way: You don't use your turn signal when leaving your driveway do you?
        No. Good point. Just wishing as we have a high volume beer store on the edge of our city so I've only got 100 yards for PC on some stops. Fair amount of dope running by and always looking for a new reason to chat with folks...
        Opinions expressed in my posts are mine and mine alone. They do not represent the views of any employer, past, present, or future.

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        • #5
          can always use failure to stop for crosswalk prior to entering roadway
          In Valor there is hope

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          • #6
            Originally posted by SCSU74 View Post
            can always use failure to stop for crosswalk prior to entering roadway
            Can't use that one anymore either, the driver must make another car take evasive action.

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            • #7
              Originally posted by Sprocket View Post
              No. Good point. Just wishing as we have a high volume beer store on the edge of our city so I've only got 100 yards for PC on some stops. Fair amount of dope running by and always looking for a new reason to chat with folks...
              seatbelts. how many folks put it on after theyve entered the roadway? wide right turn (going from driveway to outside lane) failure to signal intent would work for that also (once in the roadway). headlights? lot of folks forget to turn em on until theyre driving down the street, especially when they have DRL's. Crap hanging off the rearview mirror....etc etc etc..
              Originally posted by crass cop
              Just do it in front of a camera and try not to get a boner and you shoudl be fine.

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              • #8
                Originally posted by Sprocket View Post
                No. Good point. Just wishing as we have a high volume beer store on the edge of our city so I've only got 100 yards for PC on some stops. Fair amount of dope running by and always looking for a new reason to chat with folks...
                How far to the edge of your county? Your authority to arrest for a violation of Subtitle C, Title 7 of the TC is within any county that your city has property in.

                ...
                (2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.
                ...

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                • #9
                  Originally posted by Scubadiver View Post
                  Can't use that one anymore either, the driver must make another car take evasive action.
                  since when? TC 545.256
                  In Valor there is hope

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                  • #10
                    Originally posted by SCSU74 View Post
                    since when? TC 545.256
                    Ill have to see if I can find the exact case law, but I know in our county judge will not take that for a RFC, unless it caused another driver to take evasive action.

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                    • #11
                      Originally posted by SCSU74 View Post
                      since when? TC 545.256
                      My deal with that would be if it is in a location that would be considered a business or residence district based on the definitions in TC 541.102. I may be wrong, but the mental picture I get with "business district" is more of a downtown type area.

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                      • #12
                        It has some restrictions as to "in a business or residence district", but I've filed using 545.256 when a car fails to stop before "the sidewalk area extending across an alley or driveway".

                        I've also contacted people in parking lots for violations of 545.404 when they pull up & leave the car running while they go in the store. Our City Attny has supported that this is enforceable on private property. I usually just point out that someone less honest than me could steal the car & cause work for me. But it gets them talking and usually I can get their ID & go from there.
                        Blessed are the peacemakers: for they shall be called the children of God MATT 5:9

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                        • #13
                          i use it when hotrodders leave parking lots and dont stop before the sidewalk. i dont necessarily write for it, but allows me to make contact and see whos in the car
                          In Valor there is hope

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