Grayson County Trooper

[Penn]

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.

What is illegal about that?

According to the transportation code, police cars must be marked in contrasting colors (actually all cars with exempt plates). Unmarked cars may get regular plates for use undercover. Back a few years ago, when there was a move to sell advertising space on patrol cars, there was an AG ruling that state law forbid any markings not expressly permitted on the car.

Since the car is not unmarked, and it is not contrasting colors, it is illegal, according to this ruling.

Do you have a transportation code section number stating that exempt vehicles must be marked in contrasting colors? Doesn't sound right to me.

[stevie_d_64]

Here's some lite reading...

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm

Thank you , come again!

[BrassMonkey]

§ 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED. Except as
provided by Section 546.004, the operator of an authorized
emergency vehicle engaging in conduct permitted by Section 546.001
shall use, at the discretion of the operator in accordance with
policies of the department or the local government that employs the
operator, audible or visual signals that meet the pertinent
requirements of Sections 547.305 and 547.702.

[BrassMonkey]

§ 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT. (a) A
volunteer fire fighter who operates a private vehicle as an
authorized emergency vehicle may engage in conduct permitted by
Section 546.001 only when the fire fighter is using visual signals
meeting the pertinent requirements of Sections 547.305 and 547.702.
(b) An authorized emergency vehicle that is operated as a
police vehicle is not required to be equipped with or display a red
light visible from the front of the vehicle.

[BrassMonkey]

§ 721.004. INSCRIPTION REQUIRED ON MUNICIPAL AND
COUNTY-OWNED MOTOR VEHICLES AND HEAVY EQUIPMENT. (a) The office
having control of a motor vehicle or piece of heavy equipment owned
by a municipality or county shall have printed on each side of the
vehicle or equipment the name of the municipality or county,
followed by the title of the department or office having custody of
the vehicle or equipment.
(b) The inscription must be in a color sufficiently
different from the body of the vehicle or equipment so that the
lettering is plainly legible.
(c) The title of the department or office must be in letters
plainly legible at a distance of not less than 100 feet.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 721.005. EXEMPTION FROM INSCRIPTION REQUIREMENT FOR
CERTAIN MUNICIPAL AND COUNTY-OWNED MOTOR VEHICLES.

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 66, § 1
(a) The governing body of a municipality may exempt from the
requirements of Section 721.004 an automobile when used to perform
an official duty by a:
(1) police department;
(2) magistrate as defined by Article 2.09, Code of
Criminal Procedure;
(3) medical examiner; or
(4) municipal code enforcement officer designated to
enforce environmental criminal laws.

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 140, § 1
(a) The governing body of a municipality may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) magistrate as defined by Article 2.09, Code
of Criminal Procedure; or
(C) medical examiner; or
(2) an automobile used by a municipal employee only
when conducting an investigation involving suspected fraud or other
mismanagement within the municipality.
(b) The commissioners court of a county may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) sheriff's office;
(C) constable's office;
(D) criminal district attorney's office;
(E) district attorney's office;
(F) county attorney's office;
(G) magistrate as defined by Article 2.09, Code
of Criminal Procedure;
(H) county fire marshal's office; or
(I) medical examiner; or
(2) a juvenile probation department vehicle used to
transport children, when used to perform an official duty.
(c) An exemption provided under this section does not apply
to a contract deputy.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 355, § 1, eff. May 27, 1997; Acts
1997, 75th Leg., ch. 46, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 17.38, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 66, § 1, eff. May 14, 2001; Acts 2001, 77th Leg., ch. 140,
§ 1, eff. Sept. 1, 2001.

[Penn]

§ 721.004. INSCRIPTION REQUIRED ON MUNICIPAL AND
COUNTY-OWNED MOTOR VEHICLES AND HEAVY EQUIPMENT. (a) The office
having control of a motor vehicle or piece of heavy equipment owned
by a municipality or county shall have printed on each side of the
vehicle or equipment the name of the municipality or county,
followed by the title of the department or office having custody of
the vehicle or equipment.
(b) The inscription must be in a color sufficiently
different from the body of the vehicle or equipment so that the
lettering is plainly legible.
(c) The title of the department or office must be in letters
plainly legible at a distance of not less than 100 feet.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 721.005. EXEMPTION FROM INSCRIPTION REQUIREMENT FOR
CERTAIN MUNICIPAL AND COUNTY-OWNED MOTOR VEHICLES.

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 66, § 1
(a) The governing body of a municipality may exempt from the
requirements of Section 721.004 an automobile when used to perform
an official duty by a:
(1) police department;
(2) magistrate as defined by Article 2.09, Code of
Criminal Procedure;
(3) medical examiner; or
(4) municipal code enforcement officer designated to
enforce environmental criminal laws.

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 140, § 1
(a) The governing body of a municipality may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) magistrate as defined by Article 2.09, Code
of Criminal Procedure; or
(C) medical examiner; or
(2) an automobile used by a municipal employee only
when conducting an investigation involving suspected fraud or other
mismanagement within the municipality.
(b) The commissioners court of a county may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) sheriff's office;
(C) constable's office;
(D) criminal district attorney's office;
(E) district attorney's office;
(F) county attorney's office;
(G) magistrate as defined by Article 2.09, Code
of Criminal Procedure;
(H) county fire marshal's office; or
(I) medical examiner; or
(2) a juvenile probation department vehicle used to
transport children, when used to perform an official duty.
(c) An exemption provided under this section does not apply
to a contract deputy.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 355, § 1, eff. May 27, 1997; Acts
1997, 75th Leg., ch. 46, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 17.38, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,

ch. 66, § 1, eff. May 14, 2001; Acts 2001, 77th Leg., ch. 140,
§ 1, eff. Sept. 1, 2001.

Thanks for pulling that together for me. I didn't think it was "illegal" (at least for police vehicles, which is what had been implied.

[srothstein]

Penn,

The law does allow for unmarked cars, I have no problem with that part of it. There has to be some way for police to have undercover cars for some things (well, the way police work is done now anyway).

My point was that there is an AG ruling that says only the markings specifically allowed can be on the car. The law says unmarked, which means no markings, so a plain car is allowed. The law says the ones with markings will be in contrasting colors. These are marked, but not in contrasting colors, so they do not meet the requirements set by the law and AG decision.

No department I am ever running (if any) will have cars marked like that (or unmarked cars for traffic use).




On the other point, I agree with what Kevin posted about how to handle being stopped by an unmarked car. Let the officer know you are aware of him by slowing down and signaling, but keep going slowly until you are in a safe area or can get a marked unit. Do this even if you are calling 911 and trying to verify the stop as legit.