TexasCHLforum.com

srothstein wrote: AS CHL/LEO pointed out, the law requires you to stop for the vehicle displaying the red and blue (or just red for fire) lights. In most cases, if you signal your intent and pull over at the next safe or lighted place, no one will think badly of you. If you just ignore the car, you will hear the siren and see more cars fairly quickly. You will also get charged with evading (which is a felony) at that point. This may give you a defense since evading does require you to know it is a police officer.

Worst of all is the cars I believe to be illegal but growing in popularity - the stealth marked cars with the markings on the side in the same color - but a very slightly different shade - as the car's paint job. I would love to see those explicitly banned since I think they are just for the money.

KBCraig wrote:

txinvestigator wrote:You can be charged with Fail to Yield the ROW to an Emergency Vehicle if you fail to stop for an unmarked police vehicle.

I think an adequate defense would consist of the many news articles about blue light rapists, in which an official police spokesman is always quoted, cautioning motorists faced with a vehicle displaying flashing lights but no markings, to drive slowly to a well-lighted public place before pulling over, and to call 911 if in doubt.

HankB wrote:

llwatson wrote: . . . So yeah, I think unmarked vehicles can make traffic stops.

I suppose they can . . . but if its unmarked, then by definition it isn't identifiable as a police vehicle.

Texas Tranportation Code
§ 541.201. VEHICLES. In this subtitle:
(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;



§ 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY
VEHICLE. (a) On the immediate approach of an authorized emergency
vehicle using audible and visual signals that meet the requirements
of Sections 547.305 and 547.702, or of a police vehicle lawfully
using only an audible signal, an operator, unless otherwise
directed by a police officer, shall:
(1) yield the right-of-way;
(2) immediately drive to a position parallel to and as
close as possible to the right-hand edge or curb of the roadway
clear of any intersection; and
(3) stop and remain standing until the authorized
emergency vehicle has passed.

AEA wrote:Just for discussion......I seem to remember where the PO were not allowed to be blacked out at night on the shoulder of any road!

I know it is done, and I know it is effective for the PO/City/County/Etc....

But is it legal?

Could the Perp (ha ha) have made a case in court on this?

Texas Transportation Code
§ 547.383. LIGHTING REQUIREMENTS ON PARKED VEHICLES.

(b) A vehicle, other than a motor-driven cycle, that is
parked or stopped on a roadway or shoulder at a time specified in
Section 547.302(a) (nightime or when persons or vehicles are visible at 1000 feet)shall display a lamp that complies with
Subsection (a).
(c) A vehicle that is lawfully parked on a highway is not
required to display lights at night-time if there is sufficient
light to reveal a person or vehicle on the highway at a distance of
1,000 feet.