Unattended Vehicle Question

[Boltfan]

Section 545.404 of the Texas Transportation Code which is titled Unattended Motor Vehicle. Here it states that an operator may not leave the vehicle unattended without:

(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to the curb or side of the highway.

While Texas Transportation Code Section 545.404, prohibits the operator of a motor vehicle from leaving the vehicle unattended without stopping the engine, locking the ignition, and removing the key from the ignition at least one Texas court has held that this section of law only applies to vehicles parked on public highways and streets. The Cities of Dallas, Austin and Arlington have also interpreted Texas Transportation Code Section 545.404 in a similar manner.


To close what may be seen as a loophole many cities have amended their city code with an ordinance making it unlawful to park and leave unattended, upon any private street, or upon any off-street public or private property used for parking and accessible to the public, a motor vehicle with the engine running or that has a key in the ignition.


My questions are as follows:


In there a definition of "unattended" as in how far away, etc.?
Where could I find the court case cited above regarding the ruling it only applies to public highways and streets?
Where could I find information if the city in which the ticket is issued closed the "loophole" as mentioned?


Thanks

[jframe2]

There are several parts of research to your question.

Quickest way would be to go to a defense attorney specializing in traffic law and pay them for the answer.

[ShysterJon]

I realize this forum requires a certain degree of anonymity, and it's maintained with a disclaimer that all questions pertain to hypothetical matters. But sometimes it helps to just spell out what would cause someone to ask a question. I think this is such a case. We're only talking about a city ticket, after all. It's not like you're confessing to the Jack the Ripper murders. Just tell us what you've been charged with and where. It'll make it a lot easier to answer your questions.

[Boltfan]

Thanks SJ.

The city in question is Colleyville and I was cited for unattended vehicle. It was a hot day, I was meeting someone to give them an item. I pulled up to a curb in a private parking lot, opened my door and was conversing with them all while leaving the car running to keep it cool. I was no more than 15 feet away from my vehicle.

The officer pulled up and as they approached my vehicle I walked back to my door. He proceeding to give me a run down that if my car had been stolen it wouldn't be covered under insurance, yadda yadda.

In reviewing Texas 545.404 I saw no where that the legislature defined unattended. In reviewing various legal definitions, it was not unattended. I was standing footsteps away from my vehicle. And in regards to Colleyville, if they cite me under 545.404 (I have to wait until next week to go to court and find out the code violation) instead of a city ordinance, how can I find the ruling that 545.404 does not apply to private lots.

Thanks

[instfixer]

lets say you have money to fight this thing
Hire an attorney etc
They can always charge you with disorderly conduct

Eat the ticket

[straightshooter30]

My cynical side says that cops do this all the time. I also bet that 90% of parked cars could be ticket for not turning their wheels to the curb, and a large percentage of people don't know how to even operate their parking brake!

[Boltfan]

Just looking for answers to the questions to better determine if it is worth making an argument. If unattended is legally defined as simply being out of the vehicle, then I am fucked. If unattended is not defined as any set amount of distance or they cite me under the state code, I am likely in a good spot.

This is the kicker. It is a few hours of my time, which I have, and it is not a moving violation. Fighting it in court and losing versus just paying it likely will result in the same amount of $$$. So if I have the time, why NOT fight it?

[jframe2]

Have you tried posting this question in the Forum that covers the area of the infraction?

[instfixer]

""""Fighting it in court and losing versus just paying it likely will result in the same amount of $$$.""""

My impression is when one 'eats the ticket' with a contrite face this is the cheapest way

Fighting the ticket and losing always costs more!

[Boltfan]

Originally Posted by jframe2

Have you tried posting this question in the Forum that covers the area of the infraction?

There is a forum on eccie that covers the area of infraction?

[Boltfan]

Originally Posted by instfixer

""""Fighting it in court and losing versus just paying it likely will result in the same amount of $$$.""""

My impression is when one 'eats the ticket' with a contrite face this is the cheapest way

Fighting the ticket and losing always costs more!

If the fine is subject to change, then of course that must be considered. Again, why I am doing some research on the matter.

[cyborg]

Originally Posted by Boltfan

Just looking for answers to the questions to better determine if it is worth making an argument. If unattended is legally defined as simply being out of the vehicle, then I am fucked. If unattended is not defined as any set amount of distance or they cite me under the state code, I am likely in a good spot.

This is the kicker. It is a few hours of my time, which I have, and it is not a moving violation. Fighting it in court and losing versus just paying it likely will result in the same amount of $$$. So if I have the time, why NOT fight it?

Bro, that quote is PURE badass. Period. Give 'em hell man!

[jax75]

Leaving it running is unattended. The issue is that he can not write on private property without the owners permission or desire to write.

[Boltfan]

Something to ponder jax75,

If leaving it running is unattended, then everyone with auto start on their vehicle is in violation of this law, yes?

And yes jax75, you get my point. It is a loophole, and if Colleyville wasn't smart enough to close it with local ordinance then why bend over blindly for the man :-)

[Lana_kane]

Originally Posted by Boltfan

Something to ponder jax75,

If leaving it running is unattended, then everyone with auto start on their vehicle is in violation of this law, yes?

And yes jax75, you get my point. It is a loophole, and if Colleyville wasn't smart enough to close it with local ordinance then why bend over blindly for the man :-)

Not really cause there is no key in the ignition and they usually come equipped with an alarm and kill switch which will shut the car off as soon as the brake is hit which is required to shift gears.