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Thanks to
Doc for Sharing This Tip!!!
Yesterday, I was driving into
town along the Southwest Freeway around 12:30 PM. I was in
the far left lane doing the posted speed limit of 65 and
going with the flow of traffic. When I got over the
Bissonnet/Braeswood overpass, there was an HPD squad car
parked on the left shoulder with the officer standing out in
front of his vehicle pointing his radar gun at oncoming
cars. Your inclination automatically tells you to slow down,
whether you were speeding or not. Not a 1/2 mile down the
freeway, there was another HPD officer that had someone
pulled over on the left shoulder giving the person a ticket.
I thought, man this was an
obvious speed trap and kept on going. I had slowed down to
around 60 at that point as now the posted speed limit was
60. About a mile up the road, around Gessner, another HPD
officer had someone else pulled over to give them a ticket
and literally in front of that traffic stop was another HPD
officer (yes we are up to 4 cop cars now in about a mile)
walking around to the front of his car. Just as I was
approaching him, he pointed his radar gun at me and signaled
for me to pull over. I was shocked, because I know that I
was going the posted speed limit (60) as I immediately
looked at my speedometer.
The officer came to my window
and said "do you know how fast you were going?" I said yes,
I was going 60. He said "you were doing 58" and he showed me
his radar gun, which read 58. I said okay. He said "you
failed to slow your speed down by 20 MPH or move over to the
adjacent lane when an emergency vehicle was stopped in the
flow of traffic." I said, I did not know that was a law (of
course that is never a defense) and he said it was and asked
for my license. I offered that and my concealed handgun
license to him (as I am required by law, being a CHL
carrier), as well as the knowledge that I was carrying my
pistol under the rear passenger seat. The officer wrote me a
ticket that carries a $200 maximum fine for this
infraction. Come to find out, this is a new state law as of
September 1, 2003.
Below is
the actual text of the new statute (SB 193, now codified as
545.157.
Passing Authorized
Emergency Vehicle: AN ACT relating to vehicles passing
certain stationary emergency vehicles on a highway;
providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF TEXAS:
SECTION 1.
This Act may be cited as
the Move Over Act.
SECTION 2.
Subchapter D, Chapter 545,
Transportation Code, is amended by adding Section 545.157 to
read as follows: Sec. 545.157. PASSING AUTHORIZED
EMERGENCY VEHICLE. (a) On approaching a stationary
authorized emergency vehicle using visual signals that meet
the requirements of Sections 547.305 and 547.702, an
operator, unless otherwise directed by a police officer,
shall: (1) vacate the lane closest to the emergency
vehicle when driving on a highway with two or more lanes
traveling in the direction of the emergency vehicle; or (2)
slow to a speed not to exceed: (A) 20 miles per hour less
than the posted speed limit when the posted speed limit is
25 miles per hour or more; or (B) five miles per hour when
the posted speed limit is less than 25 miles per hour. (b)
A violation of this section is: (1) a misdemeanor
punishable under Section 542.401; (2) a misdemeanor
punishable by a fine of $500 if the violation results in
property damage; or (3) a Class B misdemeanor if the
violation results in bodily injury. (c) If conduct
constituting an offense under this section also constitutes
an offense under another section of this code or the Penal
Code, the actor may be prosecuted under either section or
under both sections.
SECTION 3. This Act
takes effect September 1, 2003
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