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kcso
01-09-2010, 01:00 PM
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!?

K9krazy21
01-09-2010, 01:30 PM
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.

iamacop
01-09-2010, 01:57 PM
When in doubt, blue form..

kcso
01-09-2010, 02:12 PM
Lol, blue form what? It's not an accident, just a traffic stop.

iamacop
01-09-2010, 02:17 PM
I know, but Blue Forms make our job easier...

ddurkof
01-09-2010, 02:25 PM
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.

Lawfficer
01-09-2010, 06:56 PM
Transportation Code 502.0021(a) (http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.502.htm#502.0021) authorizes TXDOT to promulgate registration rules. 43 Texas Administrative Code 17.22(f) (http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=T&app=9&p_dir=F&p_rloc=139460&p_tloc=14744&p_ploc=1&pg=2&p_tac=&ti=43&pt=1&ch=17&rl=22) 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, ยง502.0025. 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) (http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.502.htm#502.402). 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.

SheepDog911
01-10-2010, 12:47 PM
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

K9krazy21
01-10-2010, 12:53 PM
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..

JTShooter
01-10-2010, 01:22 PM
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.

Marp0d
01-10-2010, 11:28 PM
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.

SheepDog911
01-11-2010, 04:08 AM
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!

TheKansan
01-11-2010, 03:33 PM
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?

JTShooter
01-11-2010, 07:30 PM
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...

rainforest
01-12-2010, 01:18 AM
It's actually 60 days now.

Rodeojones
01-12-2010, 02:07 PM
I would think the fine officers of the State Of Texas can spend their time much more wisely then citing people for failing to register their vehicle.

Lawfficer
01-12-2010, 07:34 PM
I would think the fine officers of the State Of Texas can spend their time much more wisely then citing people for failing to register their vehicle.

By properly registering their vehicle to their new address, we (the police) have an easier time finding them if they are wanted in hit and runs or other crimes.

Also, if I have to spend $200+ a year on state stickers to keep my own vehicles legal, I'm going to make sure they keep their vehicles legal too.

rainforest
01-12-2010, 08:26 PM
I wish the lawmakers can change the laws which allow officers to arrest everybody who only possess a piece of plastic with his/her photo on that darn thing.

Rodeojones
01-13-2010, 11:13 AM
By properly registering their vehicle to their new address, we (the police) have an easier time finding them if they are wanted in hit and runs or other crimes.

Also, if I have to spend $200+ a year on state stickers to keep my own vehicles legal, I'm going to make sure they keep their vehicles legal too.

During my eight year career as a Police Officer, I have never cited anyone for failing to register their vehicle. If that is the best thing I can hang on them, then they get a warning.

Most in LE wonder why fire fighters are glamorized and commonly called "hero's" but cops are hated and are chastised in the media. This is a perfect example of why. The OP gave a common scenario that Police Officer's deal with on a common basis. Average Joe or Soccer Mom gets pulled over. Everything is in order (license, insurance) but has an out of state plate / tag. I can see hanging paper on a dirt bag or someone with a major attitude but an every day citizen?? C'mon.

Maybe we do things different here on the left coast but citing an every day citizen is over the top and a warning is much more appropriate in my opinion.

Discretion is the most powerful tool we have as Police Officer's and I encourage everyone to use it. :)

Lawfficer
01-13-2010, 11:43 AM
During my eight year career as a Police Officer, I have never cited anyone for failing to register their vehicle. If that is the best thing I can hang on them, then they get a warning.

Most in LE wonder why fire fighters are glamorized and commonly called "hero's" but cops are hated and are chastised in the media. This is a perfect example of why. The OP gave a common scenario that Police Officer's deal with on a common basis. Average Joe or Soccer Mom gets pulled over. Everything is in order (license, insurance) but has an out of state plate / tag. I can see hanging paper on a dirt bag or someone with a major attitude but an every day citizen?? C'mon.

Maybe we do things different here on the left coast but citing an every day citizen is over the top and a warning is much more appropriate in my opinion.

Discretion is the most powerful tool we have as Police Officer's and I encourage everyone to use it. :)

After Hurricane Katrina, my area was flooded with evacuees from Louisana. To this day, a lot of them still refuse to register their vehicles in Texas even though they live in Texas. When some of them commit crimes while using their vehicle, it makes it that much harder to track them down if they don't register their vehicle to their correct address. I see this played out constantly. YMMV.

I would also like to add, most of the people I stop in my district have no DL or insurance, so the "Average Joe" in my district is already violating the law.

kcso
01-16-2010, 09:34 AM
During my eight year career as a Police Officer, I have never cited anyone for failing to register their vehicle. If that is the best thing I can hang on them, then they get a warning.

Most in LE wonder why fire fighters are glamorized and commonly called "hero's" but cops are hated and are chastised in the media. This is a perfect example of why. The OP gave a common scenario that Police Officer's deal with on a common basis. Average Joe or Soccer Mom gets pulled over. Everything is in order (license, insurance) but has an out of state plate / tag. I can see hanging paper on a dirt bag or someone with a major attitude but an every day citizen?? C'mon.

Maybe we do things different here on the left coast but citing an every day citizen is over the top and a warning is much more appropriate in my opinion.

Discretion is the most powerful tool we have as Police Officer's and I encourage everyone to use it. :)

I worked in Washington and I cited a lot of people who would have their vehicles registered in Oregon but lived in Wa. state. In addition to what Lawofficer said, another reason is that registration fees are used for local road projects, projects that the rest of us are paying for. We all pay for others who try to get out of paying their fair share and there's no excuse for that.

As for your suggestion that we are hated and chastised; if someone feels that way because we are enforcing the laws of this state, then they're going to hate us no matter what we do. I gave a guy a warning, up in your fine state, for a traffic violation. His response was to shoot me the finger at the next exit.

One more thing, from first hand experience, cops in Washington are scorned because it is a liberal anti-everything state. Here in Texas, for the most part, police are still shown respect.

Citabria7GCBC
01-16-2010, 09:34 AM
During my eight year career as a Police Officer, I have never cited anyone for failing to register their vehicle. If that is the best thing I can hang on them, then they get a warning.

Most in LE wonder why fire fighters are glamorized and commonly called "hero's" but cops are hated and are chastised in the media. This is a perfect example of why. The OP gave a common scenario that Police Officer's deal with on a common basis. Average Joe or Soccer Mom gets pulled over. Everything is in order (license, insurance) but has an out of state plate / tag. I can see hanging paper on a dirt bag or someone with a major attitude but an every day citizen?? C'mon.

Maybe we do things different here on the left coast but citing an every day citizen is over the top and a warning is much more appropriate in my opinion.

Discretion is the most powerful tool we have as Police Officer's and I encourage everyone to use it. :)

Discretion is the most powerful tool. I completely agree! However I will not question another officer for hanging paper on a average joe or soccer mom. Sometimes the ticket is more of an insurance policy than a ticket. Example, "get it fixed in the next 10 business days and the judge will dismiss it." Not all courts are like that, however my previous department's court would dismiss if they could produce proof they got it fixed within 10 business days.

Could you also describe what exactly a dirtbag looks like, compaired to a average joe or soccer mom? Because I have had to arrest "average" looking joes who turn out to be really nasty violent people.

Just saying............again discretion is absolutly the best when it can be used.