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Here in San Angelo there are some school zones that have times marked on them, for example, 10:00 AM-11:30 AM. The state of Texas lists required items vehicles must have to be legal statewide. A device to tell time is not required. Would this be a case of a city modifying a state law which they really wouldn't have authority to do?
 
Posts: 3808 | Location: san angelo tx | Registered: 18 November 2009Reply With Quote
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I am having a little hard time following,
but us sounds like the School Zone is enforced during those certain periods of time.

It is not saying you have to have a click in your vehicle. Only that a school zone (speeding) will be enforced from this time to next time.

As far as cities having laws that conflict with the state law. That depends on if the State has a law allowing a city to enact an ordinance more strict than state law.

For Example, KY has a statute that bars cities like Louisville from enacting gun control laws that conflict with or add to State laws.

Other states allow their cities more autonomy.
 
Posts: 10978 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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LHeym500---Not to argue-it is not saying you have to have a clock, but it is saying you have to know the time. True you could stop and set up a sun dial or something--but you must know the time.
You are correct the speed is enforced during posted time.
 
Posts: 3808 | Location: san angelo tx | Registered: 18 November 2009Reply With Quote
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Lets say Texas does allow more autonomy. Would Texas have to modify their law for example these items are required-horn, lights etc "and in San Angelo a device to tell time".
 
Posts: 3808 | Location: san angelo tx | Registered: 18 November 2009Reply With Quote
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This is an interesting argument to make but I am certain that the authorities in San Angelo are going to take the position that you're charged with the responsibility of knowing what time it is when you drive through a school zone. I can promise you that when the cops stop you for speeding and you tell them "Well, I didn't know it was 10:30 am", they will chuckle when they hand you your citation.

Think about it this way: I'm not sure what you're referencing when you talk about the items Texas law requires you to have in your car but I doubt it says a driver's license. Or corrective lenses if you are required to wear corrective lenses. But, if the cops stop you and you are missing those items, you're getting a citation. Right?


-Every damn thing is your own fault if you are any good.

 
Posts: 15134 | Registered: 20 September 2012Reply With Quote
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Mike Mitchell---Don't know if it is still included or even if such still exists, but years ago for sure there was a small handbook you could study for your drivers license test. I remember this booklet told the required items a vehicle must have. Corrective lenses notation would be on the drivers license. It is not items required to be IN the car it's ON the car. For example it requires a headlight. You would not be legal if you had a hand held spotlight.
 
Posts: 3808 | Location: san angelo tx | Registered: 18 November 2009Reply With Quote
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Not to Hi Jack-
Just an FYI-

There are reports of some School Zone stops in which non-LTC holding drivers are being
Cited/Arrested
for having loaded firearms in the vehicle.

It is one of the prime caveats to "Constitutional Carry" of which most are unaware.


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Posts: 4593 | Location: TX | Registered: 03 March 2009Reply With Quote
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quote:
Originally posted by carpetman1:
For example it requires a headlight.


https://statutes.capitol.texas...cs/TN/htm/TN.547.htm

Chapter 547


.
 
Posts: 2969 | Location: Arizona | Registered: 07 February 2010Reply With Quote
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quote:
A device to tell time is not required.


For the legal types-
Would this fall under the "reasonable man" concept ?


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Posts: 4593 | Location: TX | Registered: 03 March 2009Reply With Quote
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quote:
Originally posted by DuggaBoye:
quote:
A device to tell time is not required.


For the legal types-
Would this fall under the "reasonable man" concept ?


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Posts: 19795 | Location: Depends on the Season | Registered: 17 February 2017Reply With Quote
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quote:
Originally posted by carpetman1:
LHeym500---Not to argue-it is not saying you have to have a clock, but it is saying you have to know the time. True you could stop and set up a sun dial or something--but you must know the time.
You are correct the speed is enforced during posted time.



That is fine. Like I said, I had a hard time following what the fact pattern was.

Makes some since that you would have to have a device to tell you when school zone is active.

Here the posted school zone area uses hello caution lights to inform driver when school zone is active.

Either way, seems reasonable to me to require driver to be able to have device to know the time for when school zone is in force.

Seems yellow caution lights flashing while Zone is an activity (like we do it) is more reasonable.

And no, if Texas allows cities to enact more restrictive ordinances than statute on this issue, the state law will say something like, “ Nothing in this Statute (or Code) shall be construed as limiting…..”

Or

“Class whatever type cities may…..”

If the State law is silent citied are going to argue silence is consent. Then it depends on how the States treat cities.
 
Posts: 10978 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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