Moonshine
12-15-2010, 07:51 PM
This topic has come up for discussion several times in the past, so I thought I'd post this recent clarification.
I'm sure many won't like the court's ruling (and on a personal note I'd prefer not to have to run a front LP), but this at least clarifies the issue and helps explain some of the past confusion.
FRONT LICENSE PLATE PLACEMENT:
COURT OPINION CLARIFIES
The Texas Court of Criminal Appeals (CCA) recently issued an opinion concerning the placement of the front license plate. As you know, Section 502.404 of the Transportation Code requires a driver of a registered Texas
vehicle to display two license plates, one in the front and the other to the rear of the vehicle.
For those of you responsible for enforcing the Transportation Code, you are probably well aware of the fact that the code did not formally define “front.” Consequently, this led to conflicting appellate opinions.
For example, the Austin Court of Appeals held that the front license plate was not required to be attached to the front bumper, i.e. inside the front windshield was sufficient. In contrast, the appeals court in Amarillo stated that the front plate must be displayed “where the car begins the foremost area of the car,” typically the front bumper. As a result of these two opinions, assuming you were driving around with your front license plate tucked inside of your front windshield, you would be in compliance with Section 502.404 in one area of the state
and in violation in another. This is no longer the case. The CCA agreed with the Amarillo Court‟s reasoning and decision. Therefore, according to this recent decision, under the plain language of Section 502.404(a) of a Transportation Code, the front license plate is required to be displayed at the beginning or foremost part of the vehicle, most commonly the front bumper.
For those of you interested in reading the entire opinion, you can find at the link below:
http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=20044.
Reprinted from the DPS Legal Bulletin Sept. 2010
I'm sure many won't like the court's ruling (and on a personal note I'd prefer not to have to run a front LP), but this at least clarifies the issue and helps explain some of the past confusion.
FRONT LICENSE PLATE PLACEMENT:
COURT OPINION CLARIFIES
The Texas Court of Criminal Appeals (CCA) recently issued an opinion concerning the placement of the front license plate. As you know, Section 502.404 of the Transportation Code requires a driver of a registered Texas
vehicle to display two license plates, one in the front and the other to the rear of the vehicle.
For those of you responsible for enforcing the Transportation Code, you are probably well aware of the fact that the code did not formally define “front.” Consequently, this led to conflicting appellate opinions.
For example, the Austin Court of Appeals held that the front license plate was not required to be attached to the front bumper, i.e. inside the front windshield was sufficient. In contrast, the appeals court in Amarillo stated that the front plate must be displayed “where the car begins the foremost area of the car,” typically the front bumper. As a result of these two opinions, assuming you were driving around with your front license plate tucked inside of your front windshield, you would be in compliance with Section 502.404 in one area of the state
and in violation in another. This is no longer the case. The CCA agreed with the Amarillo Court‟s reasoning and decision. Therefore, according to this recent decision, under the plain language of Section 502.404(a) of a Transportation Code, the front license plate is required to be displayed at the beginning or foremost part of the vehicle, most commonly the front bumper.
For those of you interested in reading the entire opinion, you can find at the link below:
http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=20044.
Reprinted from the DPS Legal Bulletin Sept. 2010