Posted on 02/16/2007 6:28:33 AM PST by Arrowhead1952
Toll-paying 'transponders' that mount on front bumper could fall under court ruling.
AMERICAN-STATESMAN STAFF
Friday, February 16, 2007
First came the distressing news that many Texas vehicles are operating illegally, with license plates partially obscured within frames that violate the law.
Now comes word that a state agency may be contributing to the delinquency of drivers.
Texas transportation officials are studying the impact of a Wednesday court ruling that apparently renders certain toll road tags illegal.
If a vehicle cannot adequately display the TxTag stickers on the inside of the windshield, then the tag must be mounted on the front license plate. At toll plazas, scanners read the tags and deduct toll payments so drivers don't have to stop.
Several hundred vehicles use the devices, which are attached to the front bumper through the license plate bolt holes and cover most of the word "Texas" on the plate.
However, state law prohibits obscuring any portion of the license plate, including the state name and decorative artwork such the space shuttle and a cowboy on a horse, according to Wednesday's decision by the state's highest criminal appeals court.
"What we'll do is immediately look at the ruling, visit with our general counsel and with our toll technology staff . . . to see what options we have and make sure everyone who has the toll tag is following the law," Gaby Garcia, spokeswoman for the Texas Department of Transportation, said Thursday.
It is unknown how long the review will take, Garcia said. Of the more than 200,000 TxTags issued statewide, 340 are the bumper-mounted variety, Garcia said.
Auto dealerships, which supply many of the offending license plate frames, also are struggling with the implications of the Court of Criminal Appeals' 8-1 ruling, which found that a strict reading of the law prohibits covering any portion of a license plate.
After the current law was adopted in 2003, auto dealerships changed their frames to models that were thinner on top — allowing the word "Texas" to be fully displayed — and thought the vehicles were in compliance, said David Elattrache, general manager for David McDavid Acura in far Northwest Austin.
Those frames now will be removed from cars in the sales lot, he said.
"I'm going to send out an e-mail to all my customers and make them aware of what the decision was and tell them that if they can't do it, or if it's inconvenient for them, we'll be happy to take them off for them," Elattrache said. "It looks like a bunch of us will be sitting with inventories (of frames) we can't use."
A concurring opinion signed by three judges called the law "uncommonly bad" because it allows police to pull over, ticket and possibly arrest the large number of drivers whose license plates are obscured.
Richard Woerndell's truck displays the bumper toll tag because mounting a TxTag below the rearview mirror would block his line of sight and sun shading on the windshield above the mirror would block the tag's signal.
The Austin man hopes police will recognize that the devices were provided by a state agency.
The problem, Woerndell said, is that many officers will be unfamiliar with the devices because most of Texas is without toll roads.
"I can just see myself trying to explain to a constable in Egypt, Texas, that this is something issued by TxDOT," he said.
Moving the bumper tag may not be an option, Woerndell said.
"I called yesterday to find out if can I relocate it, but they said you've got to have it right there" for toll road scanners to register the tag, he said.
Meantime, at least four bills are pending at the Legislature to amend the license law.
Companion bills filed by Sen. Tommy Williams, R-The Woodlands, (Senate Bill 369) and Rep. Bill Callegari, R-Katy, (House Bill 348) would make it illegal to obscure more than half of the state name and — more to the point for TxTags — allow toll-road "transponders" to be attached to the plate.
"The license plate has to be clear enough that you can distinctly read the license number and enough of the state name," Callegari said. "That's really all we need to have visible for law enforcement to do its duty."
The House Transportation Committee is scheduled to consider Callegari's bill Tuesday.
A bill by Rep. Harold Dutton Jr., D-Houston, (HB 743) would make it illegal to obscure only the license plate number, not the surrounding artwork.
And one by Sen. Dan Patrick, R-Houston, (SB 631) applies only to covered license numbers and state names, not cowboys and space shuttles.
Similar bills were filed last session, to no avail.
But Wednesday's court ruling should provide a sense of urgency this session, Callegari said.
This is a stupid law. I don't think a single State Trooper, or any person in the US, would have a problem identifying which state this plate is from, since it has the red shape of our state in the center.
Florida has that same law. Many people don't even know it!.......
One of many "stupid" laws. Not often enforced. They are not for the purpose of protecting people. Their only purpose is to allow police to stop people when there is no other obvious reason.
Where do you put the yearly renewal stickers?
"There's no way to rule innocent men.
The only power government has is the power to crack down on criminals.
When there aren't enough criminals, one makes them.
One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
AYN RAND
Renewal stickers are on the front windshield, driver's side and above the annual safety inspection sticker.
Agreed. So, what are we going to do about it? Heck, I'm not sure there's anything we CAN do...
Usually on the rear plate.
aaa so THAT is how they are going to tax/charge us per mile....
Texas hasn't used rear plate stickers for passenger cars and light trucks for years. Plate stickers are still used for motorcycles, travel trailers, and various other style of small trailers, which have a single rear plate. The registration sticker goes inside the windshield on the left hand side.
I hear you. I wonder which rocket scientist thought up that great idea. < /sarcasm>
That's B. F. Egypt to you, son.
Used to be on the plate, now on the windshield.
I took off the frames too. Some people think they can disobey laws, just because they may get by with a violation.
Precisely!
Wrong. Lower left windshield. Above the inspection sticker, well below the toll tag.
10-4. Thanks for the info.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.