Grandpa
08-05-2013, 12:05 PM
Just got this passed on to me. I guess I'll leave my ugly front plate on the GT after all.
All officers should be familiar with HB 625, a 2013 Texas Legislative amendment to Chapter 504 of the Texas Transportation Code.
In 2011, the Texas Legislature intended to separate the Transportation Code provisions requiring license plates from those requiring the actual registration sticker. The provisions that formerly made up Transportation Code Section 502.404 “Operation of a Vehicle without License Plate or Registration Insignia” were divided and now are present in Chapters 502 and 504 (the provisions regarding registration stayed in 502 and the provisions regarding license plates went to 504). When the Legislature did this in 2011, the penalty provision for not having two plates remained in Section 502 and was not duplicated in the Section 504 provision requiring license plates. The Police Department issued a roll call training after the 2011 Legislation passed warning officers not to use this violation of law as grounds to establish probable cause for a stop. The previous roll call training recommended officers observe another traffic offense for which a penalty is prescribed to make a traffic stop.
This year, the 2013 Texas Legislature passed HB 625 to fix this issue by adding Subsection (e) to provide a penalty provision. The amendment to the law fills the gap by making failure to display both license plates on a vehicle a misdemeanor punishable by a fine not to exceed $200. The new law takes effect on September 1, 2013. Until then, officers should continue to operate under the old roll call guidelines. After September 1, 2013, officers may resume relying on Section 504.939 as probable cause for a stop.
Effective September 1, 2013, Section 504.943 of the Texas Transportation Code will read:
§ 504.943. Operation of Vehicle Without License Plate
(a) Except as provided by Subsection (b), a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates that:
(1) have been assigned by the department for the period; and
(2) comply with department rules regarding the placement of license plates.
(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:
(1) has been assigned by the department for the period; and
(2) complies with department rules regarding the placement of license plates.
(c) This section does not apply to a dealer operating a vehicle as provided by law.
(d) A court may dismiss a charge brought under Subsection (a)(1) if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays an administrative fee not to exceed $10.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
All officers should be familiar with HB 625, a 2013 Texas Legislative amendment to Chapter 504 of the Texas Transportation Code.
In 2011, the Texas Legislature intended to separate the Transportation Code provisions requiring license plates from those requiring the actual registration sticker. The provisions that formerly made up Transportation Code Section 502.404 “Operation of a Vehicle without License Plate or Registration Insignia” were divided and now are present in Chapters 502 and 504 (the provisions regarding registration stayed in 502 and the provisions regarding license plates went to 504). When the Legislature did this in 2011, the penalty provision for not having two plates remained in Section 502 and was not duplicated in the Section 504 provision requiring license plates. The Police Department issued a roll call training after the 2011 Legislation passed warning officers not to use this violation of law as grounds to establish probable cause for a stop. The previous roll call training recommended officers observe another traffic offense for which a penalty is prescribed to make a traffic stop.
This year, the 2013 Texas Legislature passed HB 625 to fix this issue by adding Subsection (e) to provide a penalty provision. The amendment to the law fills the gap by making failure to display both license plates on a vehicle a misdemeanor punishable by a fine not to exceed $200. The new law takes effect on September 1, 2013. Until then, officers should continue to operate under the old roll call guidelines. After September 1, 2013, officers may resume relying on Section 504.939 as probable cause for a stop.
Effective September 1, 2013, Section 504.943 of the Texas Transportation Code will read:
§ 504.943. Operation of Vehicle Without License Plate
(a) Except as provided by Subsection (b), a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates that:
(1) have been assigned by the department for the period; and
(2) comply with department rules regarding the placement of license plates.
(b) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate that:
(1) has been assigned by the department for the period; and
(2) complies with department rules regarding the placement of license plates.
(c) This section does not apply to a dealer operating a vehicle as provided by law.
(d) A court may dismiss a charge brought under Subsection (a)(1) if the defendant:
(1) remedies the defect before the defendant's first court appearance; and
(2) pays an administrative fee not to exceed $10.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.