License Plate Brackets Are Now Illegal In Texas
If you're a Texan and you have one of those annoying license plate brackets that dealers love to slap on cars, then you're in violation of the law.
It seems our fearless legislators thought it would be a good idea to address this glaring problem in Texas during the last legislative session. Because it's SO obvious in the photo to the right that a law enforcement officer can't read the plate in order to call in a check. *dripping sarcasm*
I haven't looked at the legislative record and have no idea what the arguments in favor of this legislation were, but I do know that law enforcement officers like to use such ticky tack laws as an excuse to pull over vehicles and ask to carry out drug searches, to check sobriety, and the like. Some may regard this as a legitimate law-enforcement tool, but I prefer that traffic stops be based on actual traffic violations.
UPDATE (02-16-2007): New developments posted here.
Posted by Kevin Whited @ 09/14/03 13:41 | Texas | Technorati
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Comments
They gonna give rebates to those who especially purchased a bracket to their liking. Y'know, when it was "safe" and legal?
I don't have one, but Bleu Edmondson sold one that I had my eye on for a while. It's also a source of revenue for Texas and A&M who sell them.
Oh well, if it'll help blind cops see...
Posted by R. Alex @ 14:07 on 09/14/03
I've had a silly River Oaks bracket on the Jeep for a while. One of today's minor chores was to remove the thing.
Posted by Kevin @ 14:20 on 09/14/03
I proudly sport my "LSU School of Medicine" bracket on my Idaho plates. . . gotta have all my flags flying. :)
Posted by Camille @ 15:54 on 09/14/03
I have no idea whether I have one or not. I guess I'll have to look into it and remove it if I do.
Thank you, Texas Legislature, from protecting me from the menace of license plate brackets.
Posted by Ginger @ 20:16 on 09/14/03
@#$%!!! I just BOUGHT a Rice Alumni plate holder, and now I could get fined $200 for it?! How can such unfathomably dumb legislation actually pass?
Posted by Owen Courrèges @ 22:47 on 09/14/03
Here's the statute, Texas Transportation Code Annotated § 502.409(a), as amended (eff. 9/1/03):
---------------
(a) A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that:
(1) is assigned to a different motor vehicle;
(2) is assigned to the vehicle under any other motor vehicle law other than by the department;
(3) is assigned for a registration period other than the registration period in effect;
(4) is fictitious;
(5) has letters, numbers, or other identification marks that because of blurring or reflective matter are not plainly visible at all times during daylight;
(6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers on the plate or the name of the state in which the vehicle is registered; or
(7) has a coating, covering, or protective material that:
(A) distorts angular visibility or detectability; or
(B) alters or obscures the letters or numbers on the plate, the color of the plate, or another original design feature of the plate.
-----------
I wouldn't read this to automatically prohibit all brackets, but they clearly were trying to tighten up the statute some. Subsection (a)(6) had some language added, and subsection 7(b) is entirely new. I think if the bracket is only covering white space, you're probably okay. But then, you ought to know better than to trust a lawyer who calls himself "Beldar."
Posted by Beldar @ 23:56 on 09/14/03
Whoops, meant subsection 7(B) ... see what I mean, can't trust a conehead.
Posted by Beldar @ 23:57 on 09/14/03
Heh. Thanks Beldar for posting that.
I actually saw the broadcast version of that story, and "Trooper Sampa" had a pretty strict interpretation that included any obscuring of the "design of the plate." If officers have that much room for interpretation, I'm not sure how to get around it, since most of the newer plates have artwork around the edges. I think you'd have a pretty good case if you were ticketed for a bracket that obscured the artwork only. I do wonder if the main purpose of this isn't simply to give various drug task force officers another reason to pull over cars and ask to search -- wish I had followed this more closely when it was being hashed out!
Posted by Kevin @ 08:07 on 09/15/03
Both the wife and I work night shifts in different areas. Both got pulled over and fined in the wee hours of September 1 , 2003. "Luckily" we each only received $100 fine each. Law is "up to $200".
Posted by Poorboy @ 12:23 on 09/18/03
The way the law reads, any vehicle from any state while driving in the Great State of Texas is subject to this law.
Posted by Poorboy @ 12:25 on 09/18/03
Another way for the government to intrude on our rights. Typical storm trooper tactics.
Posted by Kim @ 13:25 on 09/18/03
$200 Seems excessive. Is this just a way to drum up revenue? I proudly sport my college plate bracket and I am not happy about having to remove it.
Posted by Auds @ 13:32 on 09/18/03
I THINK IT'S GREAT! SO MANY PEOPLE HAVE THOSE TINTED COVERINGS OVER THEIR PLATE. IF THEY HIT ME OR SOMEONE ELSE I WOULDN'T BE ABLE TO SEE THEIR TAG NUMBER. IT'S ABOUT TIME IT'S ILLEGAL.
Posted by MEREDITH @ 14:34 on 09/18/03
Here's the deal. I understand that certain people are using specialized plate covers that obscure the plate digits when viewing them from an angle. The main purpose for this is to stop tollway cameras from snapping the plate as you're passing through the EZ-TAG lane thus providing free toll access.
The law gives cops tighter enforcement on ferreting out this violation. Unfortunately, they appear to be taking it to the extreme which is regrettably human nature.
Posted by A Texas Driver @ 21:45 on 09/18/03
text Our texas legislature is a "joke". Their legislation is always a "knee jerk" reaction on matters such as this and "no reaction" or perpetual delays on matters of real importance.
Posted by Donald E. Tucker @ 10:57 on 09/19/03
WHAT'S NEXT BUMPER STICKERS?
Posted by JR @ 12:42 on 09/19/03
texas law makers are dumb!!!
Posted by a texan @ 00:39 on 09/22/03
The law was probably meant for a good purpose, but you always have people in authority that like to show and use that authority in the wrong way.
Posted by James Wasson @ 13:01 on 09/22/03
I purchased my lexus bracket for 60 dollars and now you are saying i have to take it off. I feel that troopers should have something better to do with their time rather than mess with me doing to harm to society by having a emblem around my license plate. Get a life law makers.
Posted by simon @ 13:13 on 09/29/03
Im glad I live in Canada
Posted by crxforum @ 06:06 on 11/04/03
Just what do those "Idiots" think the numbers and letters are for? Maybe they want to be able to identify the vehicle. Naaah.
Posted by G.Thomas @ 09:39 on 12/05/03
I am not a lawyer and this is not legal advise but...
The law has a clear "grandfather" clause.
The way I read it. If your frame was on before September 1st, you don't have to take it off.
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For the purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
See you at the range
Posted by Tom Neal @ 16:23 on 02/09/04
the 'offense' is driving with the thing on...of course you can't be charged with a crime that wasn't a crime when you _did_ it, but it doesn't mean you can continue driving with it. I just got a $330 fine in Oregon for having a license plate cover, these damn people and their taxes...err...i mean tickets...
Posted by ryan @ 23:51 on 03/05/04
I was told by Ricky Perry's Staff (personally) that you can have brackets around your license plate only and only if it does not cover the letters, numbers, and state in any way. So if they have a problem with them, I will just direction to the Governor's Office myself.
Posted by Bridger Roy @ 19:07 on 04/15/04
While some may see this as a rediculous law, I can say from experience that it is a useful tool for law enforcement. As mentioned previously here, there are those who use license covers to defraud the toll-tag cameras and still others who when involved in traffic accidents flee without worry because no one can read their license plates. As with many other laws on the books, Police Officers might use this as probable cause to pull someone over, but the attitude of the violator is generally what determines if he/she is going to receive a citation or a verbal warning. Officers have many other more serious violations and calls for service to take up their time than to go around looking for license plate frames that partially cover the cowboy & horse silouette at the bottom.
Posted by Mark @ 16:49 on 07/20/04
Mark ,
you must be a cop..........or a want to be......I covered up the Texas on it with one and got a fee of $100. give be a break if your a cop in texas and can't tell it's a Texas plate maybe it's time to look for a new JOB.....
Posted by Herb @ 02:39 on 08/02/04
my oppinion is that this is to ban the tinted plate covers, those EZ tag runner reflective plates, and those neon flashing lights that go around plate ....as long as you can read texas and plate #'s it is totally fightable if ticketed! the law states distorts, alters or obscures...in other words if you can read it texas and #'s it is not illegal. Take it to jury trial, represent yourself, the ticket will be dropped! If I don't agree with tickets, I take to jury trial, city officals LOVE me! just practice for when I finish law school..hehe
Posted by angela @ 02:31 on 08/31/04
What about front license plates? Is there a law stating they have to be displayed? I own a Corvette and when the new law went into effect, I put on the front plate. In Houston, I may be one of the small number who have done this. I have seen many other Vette's and sports car who do not display the front plate. C'mon, it takes away from the whole look of the car.
Thank you.
Posted by Todd @ 21:18 on 09/14/04
I used to have frames that said Fight like a Real Man, Get on Your knees and Pray mounted over my front and rear license plates. When I was told about this ridiculous law, I removed them. What's next? My key chain?
Posted by Stephen Johnson @ 18:53 on 03/01/06
I agree with Herb regarding Mark's remarks stating police having more serious issues other than ticketing citizens for license plate that cover the cowboy and horse. I have been ticketed once before by APD and took step to make sure i would not be ticketed again by obtaining approval from the gov. office where you would go get a license plate if one's plate was stolen. However, I just recently got cited by HPD for obscured license plate cover state name. Thanks to modern technology, i took a picture of my license plate with my camera on my phone at time i recieved my citation. The pictures taken (which document date and time) clearly show that the words TEXAS was clearly visible and wasn't in any way obstructed or obscured. Nor was the license plate number itself. The officer, who was clearly had preset attitude about myself being a 26 year old driving a brand new bmw that he could never afford on his salary, could not find any reason but to cite me for the covering the bottom portion that states "The Lone Star State" and partial covering of the little damn horse which Mark stated cops had more serious issues than to cite citizen for such offenses. I intend to fight this ticket with the evidence i took with my phone cam and do so by way of a trial of my peers. I will update the outcome regarding this felonious ticket given by such types of police officials such as the officer in my case who doesn't service and protect, but harrass and sit on their ass. Such officers only hurt their fellow officers, those who hold true their oath to serve and protect,to be generalized as bad cops with a chip on their shoulder and who believe they are above the law.
Posted by Bin @ 05:31 on 03/09/06
An interesting twist: Having an obcured plate may have actually worked in my favor. I was ticketed in Houston for speeding and the obscured plate and decided to contest them. I hired a ticket lawyer and he worked out a deal where I pled guilty to the obscured plate and they dropped the speeding violation.
The cost of the lawyer plus the fine and court costs was almost exactly the same as paying just the speeding ticket alone would have been but, of course, there's nothing on my driving record.
I joked that maybe I should put the plate holders back on my car and the lawyer said a cop had actually told him the same thing. The court is more likely to bargain away the moving violation if they still get some cash. Win - Win! (If coughing up $200 for a bogus speed-trap ticket can be called a win. But fighting city government, I'll take what I can get!)
Posted by dna @ 19:00 on 05/15/06
Yet another way to pull you over to harass and ticket you if they want. Freakin Nazis, we're doomed!
Posted by Bob @ 16:07 on 03/12/07
[b]
(a) A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that:
(1) is assigned to a different motor vehicle;
(2) is assigned to the vehicle under any other motor vehicle law other than by the department;
(3) is assigned for a registration period other than the registration period in effect;
(4) is fictitious;
(5) has letters, numbers, or other identification marks that because of blurring or reflective matter are not plainly visible at all times during daylight;
(6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers on the plate or the name of the state in which the vehicle is registered; or
(7) has a coating, covering, or protective material that:
(A) distorts angular visibility or detectability; or
(B) alters or obscures the letters or numbers on the plate, the color of the plate, or another original design feature of the plate. [/b]
So if I'm towing a legally registered and licensed trailer and my rear license plate can't be seen/read due to angular visibility or detectability issues, have I violated the law? DUH!
Posted by Ben @ 11:33 on 01/12/08
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