Speeding Cops

[gregthehand]

§ 546.001. PERMISSIBLE CONDUCT. In operating an
authorized emergency[0] vehicle[0] the operator may:
(1) park or stand, irrespective of another provision
of this subtitle;
(2) proceed past a red or stop signal or stop sign,
after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided
by an ordinance adopted under Section 545.365, as long as the
operator does not endanger life or property; and
(4) disregard a regulation governing the direction of
movement or turning in specified directions.


§ 546.002. WHEN CONDUCT PERMISSIBLE. (a) In this
section, "police escort" means facilitating the movement of a
funeral, oversized or hazardous load, or other traffic disruption
for public safety purposes by a peace officer described by Articles
2.12(1)-(4), (8), and (22), Code of Criminal Procedure.
(b) Section 546.001 applies only when the operator is:
(1) responding to an emergency[0] call;
(2) pursuing an actual or suspected violator of the
law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety
purposes; or
(5) conducting a police escort.

Only if they are "on emergency". This means to break the laws they have to be running with their lights or siren or both on.

[CHL/LEO]

Only if they are "on emergency". This means to break the laws they have to be running with their lights or siren or both on.

Not necessarily. And in fact they would not be "breaking the law" - they would be meeting the defined exceptions to the law. Breaking the law would be if they were on duty and not responding to an emergency call.

(1) responding to an emergency call;

Based upon officers appealing red light camera tickets that they have received (while on duty and driving a marked squad car) courts have ruled that responding to any 911 call that they are dispatched on is considered "responding to an emergency call". As you are aware, police officers don't run with lights and sirens to the majority of 911 calls but still have an need to get there as quickly as possible.

The city, county, and state attorneys (TX AGs office) who have recently researched this said that the wording, "responding to an emergency call" in this section is open for "broad interpretation". In fact, it has really never been much of an issue until the red light cameras made their debut. They take a picture of everything that meets the parameters of their set up and as such LEOs and other PSOs (fire department, animal control, ambulances, etc.) have been caught up in their net.

[DoubleJ]

not to mention as a patrolling officer, you see somebody make a bad lane change, or maybe they move in the lane a little too much, something that gets your attention, but maybe not enough to pull them over, and you wanna check'em out for a little while. possible DUI/DWI comes to mind.
you gotta catch up to'em, right? if they're doing the speed limit, and you're doing the speed limit.... well, I ain't no physics major (well actually I was, but it was radiophysics...), anyway, you get the point.

§ 546.001. PERMISSIBLE CONDUCT. In operating an
authorized emergency vehicle the operator may:
(1) park or stand, irrespective of another provision
of this subtitle;
(2) proceed past a red or stop signal or stop sign,
after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided
by an ordinance adopted under Section 545.365, as long as the
operator does not endanger life or property; and
(4) disregard a regulation governing the direction of
movement or turning in specified directions.

it don't say nuttin' bout no "responding to an emergency."

[melkor41]

I read it the same way... "Section 546.001 applies only when the operator is: (1) responding to an emergancy call; ...."


(b) Section 546.001 applies only when the operator is:
(1) responding to an emergency[0] call;
(2) pursuing an actual or suspected violator of the
law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety
purposes; or
(5) conducting a police escort.

[DoubleJ]

I just quoted what Jason said. didn't actually find the statute.

[KD5NRH]

Last year I saw a Texarkana PD car exit from I-30 to Richmond Rd., stop short of the stop line, properly use his turn signal, then make a right turn.

I've seen a deputy signal a 4-wheel drift during a pursuit. He didn't have his lights on yet, and as he was sliding hard through the turn, i could see the turn signal flashing.

Just one more quick little pet peeve: officers (usually DPS) who drive continuously in the left lane on the interstate. It's illegal. You write tickets to ordinary motorists for this.

I wish they'd write a lot more tickets for it.

[trdvet]

Cops CAN speed BUT they must do so with "due care".

SPEED LIMIT EXCEPTION FOR EMERGENCIES;
MUNICIPAL REGULATION. (a) The regulation of the speed of a
vehicle under this subchapter does not apply to:
(1) an authorized emergency vehicle responding to a
call;
(2) a police patrol; or
(3) a physician or ambulance responding to an
emergency call.
(b) A municipality by ordinance may regulate the speed of:
(1) an ambulance;
(2) an emergency medical services vehicle; or
(3) an authorized vehicle operated by a blood or
tissue bank.

[KBCraig]

Cops CAN speed BUT they must do so with "due care".

And that pretty much shoots to pieces the legal presumption that exceeding the posted speed is de facto evidence of unsafe speed.

[The Annoyed Man]

Just one more quick little pet peeve: officers (usually DPS) who drive continuously in the left lane on the interstate. It's illegal. You write tickets to ordinary motorists for this. Stop doing it.

Well you learn something new every day. I did not know that. What if you are overtaking a 10 mile long line of big rigs moving at 60 mph in a 70 mph section of road? Just how long are you allowed to occupy the left lane? Legal or illegal, that one seems just too arbitrary to enforce with any degree of justice; and I've been driving in the left lane on Interstates since 1967, and I've never ever gotten a ticket for it. I guess I've just been lucky so far. Or is it a state thing? I'm asking because, in California, the left lane is usually the safest place to be, and that is where through traffic tends to run, allowing for safer freeway on/off mergings.

[KD5NRH]

Well you learn something new every day. I did not know that.

Transportation Code 545.051(b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:
(1) passing another vehicle; or
(2) preparing for a left turn at an intersection or into a private road or driveway.

[The Annoyed Man]

Well you learn something new every day. I did not know that.

Transportation Code 545.051(b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:
(1) passing another vehicle; or
(2) preparing for a left turn at an intersection or into a private road or driveway.

That part I know. But KBCraig flatly stated that driving continuously in the left lane is illegal. What if you are not impairing faster moving traffic? That was my point.

[WildBill]

That part I know. But KBCraig flatly stated that driving continuously in the left lane is illegal. What if you are not impairing faster moving traffic? That was my point.

If you are continuously in the left lane, then you are not passing. I think this law is only enforced outside of city limits. Otherwise half the commuters would get tickets.

Unless it has changed this is what I am referring to:
§ 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. (a) An
operator on a roadway of sufficient width shall drive on the right
half of the roadway, unless:
(1) the operator is passing another vehicle;

[Mike1951]

But the highlighted red text seems only to apply to slower moving traffic.

I have seen some highways marked 'left lane for passing only', but I figure the rest of the time I could drive in the left lane if not impeding traffic flow.

[KBCraig]

Nobody is going to care if you're in the left lane if you're all alone on the highway. If you see someone approaching from behind, move into the right lane until they pass. No harm, no foul.

I like the Autobahn system: if you're hit from behind, and you're in any lane except the right-most, you're ruled at fault. Faster traffic always has the right of way. Since their speed differentials can be 60-100mph, lane discipline is very important. Keep right except to pass, and they're very serious about it!

[rbraughn]

Police officers on major roads/highways speed to be able to catch up to vehicles for traffic enforcement.

Think about it. If he goes the speed limit all the time he will always be stuck in a log jam of cars for miles on end. When he speeds, he catches up to the next group and paces them to catch speeders. if they are all cool, he passes themby and speeds up to the next pack...

now speeding around town in a 35 mph zone is a little different but necessary at times.