Legality of blackouts in TX, need to know......
okay, any one i have ever asked said that blackouts are not illegal in texas, then i got a ticket for my rear ones.....but i still ask, everyone says they are not illegal, so can someone give me a fo' sure answer, are blackouts legal in texas??? (talking rear primarily)
check your PMs.
you cannot have any covering whatsoever; and that goes for pickups with the fancy wal-mart dodge ram tail light covers too.
here is the state statute...
http://www.capitol.state.tx.us/statu...tr025.547.3215
and the federal statute...
http://fmvss108.tripod.com/fmvss108text.htm
happy reading.
i did narrow it down for you in the PM.
chris
you cannot have any covering whatsoever; and that goes for pickups with the fancy wal-mart dodge ram tail light covers too.
here is the state statute...
http://www.capitol.state.tx.us/statu...tr025.547.3215
and the federal statute...
http://fmvss108.tripod.com/fmvss108text.htm
happy reading.
i did narrow it down for you in the PM.
chris
Originally posted by TheObiJuan
must suck for owners of RX7's
there are a lot in DFW
they come stock blackouts
must suck for owners of RX7's
there are a lot in DFW
they come stock blackouts
Everything said is correct, unless you are running covers that are D.O.T. legal. And a quick way to check is...they'll be stamped into the plastic covers with D.O.T. mark and a code.
FYI - Cops do know the law, but they also have the power of discretion. Just because it is illegal, doesn't mean they have to site you for it. So you may get away with not running a front plate 99 times out of 100. Just up to the cop.
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
FYI - Cops do know the law, but they also have the power of discretion. Just because it is illegal, doesn't mean they have to site you for it. So you may get away with not running a front plate 99 times out of 100. Just up to the cop.
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
Originally posted by Bliggida
unless you are running covers that are D.O.T. legal. And a quick way to check is...they'll be stamped into the plastic covers with D.O.T. mark and a code.
FYI - Cops do know the law, but they also have the power of discretion. Just because it is illegal, doesn't mean they have to site you for it. So you may get away with not running a front plate 99 times out of 100. Just up to the cop.
unless you are running covers that are D.O.T. legal. And a quick way to check is...they'll be stamped into the plastic covers with D.O.T. mark and a code.
FYI - Cops do know the law, but they also have the power of discretion. Just because it is illegal, doesn't mean they have to site you for it. So you may get away with not running a front plate 99 times out of 100. Just up to the cop.
Originally posted by Bliggida
Everything said is correct,
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
Everything said is correct,
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
Originally posted by DomesticViolence
DOT aren't the ones who approve vehicle equipment, it's federal manufacturers specifications that are adopted by the texas transportation code, section 547.3215. there are no covers that are legal to put on a vehicle period. the only thing even remotely close to being allowed are filters placed inside the lens itself, but it still must comply with chapter 49, section 571.108 of the code of federal regulations.
i don't really know anything, i just know some cops.
DOT aren't the ones who approve vehicle equipment, it's federal manufacturers specifications that are adopted by the texas transportation code, section 547.3215. there are no covers that are legal to put on a vehicle period. the only thing even remotely close to being allowed are filters placed inside the lens itself, but it still must comply with chapter 49, section 571.108 of the code of federal regulations.
i don't really know anything, i just know some cops.
You (and I'm pretty sure you do, by the way you speak about it) have to realize the difference between Federal and Local Department(s) of Transportation. And that (of course) Federal law supercedes local law.
Having said that. The Federal Government dictates the legality of what is and is not allowed by production or modification on vehicles that are driven on public roads. The office that deals with that is the Department of Transportation So DOT does actually approve vehicle equipment.
There are some headlight covers that are legal and some that are illegal. Basically it all comes down to how much light is distorted. There is a Federal minimum standard of how much light must be projected. (With exceptions it is "to illuminate a sign or person at a distance of 1000 feet in normal atmospheric conditions")
So, D.O.T. can but doesn't really say which covers are legal and which aren't. If they don't take away any light, or sufficient light that passes below the Federal standard then they are legal.
You quoted Tx. D.O.T. section 547.3215 which states:
547.3215. Use of Federal Standard
Unless specifically prohibited by this chapter, lighting, reflective devices, and associated equipment on a vehicle or motor vehicle must comply with:
(1) the current federal standards in 49 C.F.R. Section 571.108; or
(2) the federal standards in that section in effect, if any, at the time the vehicle or motor vehicle was manufactured.
Added by Acts 1997, 75th Leg., ch. 324, § 1, eff. Sept. 1, 1997.
Unless specifically prohibited by this chapter, lighting, reflective devices, and associated equipment on a vehicle or motor vehicle must comply with:
(1) the current federal standards in 49 C.F.R. Section 571.108; or
(2) the federal standards in that section in effect, if any, at the time the vehicle or motor vehicle was manufactured.
Added by Acts 1997, 75th Leg., ch. 324, § 1, eff. Sept. 1, 1997.
State Capitol Traffic Regulations
http://www.capitol.state.tx.us/statu...tr0054700.html
Doesn't really say anything covers, other than the blanket statement that "associated equipment...must comply with federal standards"
So ok..then what does the Federal Government have to say about it all?
Well you can reall all about that here at the Federal Governments Regulations page. I have already taken the liberty to narrowing down to Title (Not Chapter) 49, to section 108. You can read it if you care to. (I have many times) its about 10 pages long.
This is current as of October 2002 by the way.
http://frwebgate.access.gpo.gov/cgi-...2002&TYPE=TEXT
Within its context it goes on to talk about what type of lighting must be used. Standards for aiming, etc etc. Basically, as I said prior, covers fall into the category of "Do they take away enough candlepower so as to make the headlights function below the Federal standard"
If they do, they are illegal.
If they don't, they are legal.
Basically if you have the complete blackout style head and tail covers such as those from VentShade. Illegal.
The "smoked" versions from VentShade, GTO, etc. Those will depend mostly on the lighting system. And that will pretty much eliminate any vehicle not equipped with HID's, or otherwise super-bright lights that will output enough light through the covers.
Clear covers are obviously legal, and they're are both plastic, and stick on/peel off versions that is a thick vinyl material.
Again, this is not to show anyone up. I don't mean that at all. I just don't like to see people misinformed is all.
Now remember, a cop can give you a ticket for something - and it still be legal such as (certain) covers. That's what a court and Judge are for. Just because a cop says it's illegal doesn't mean that it neccesarily is. I've had officers tell me I'd be taken to jail before - over class C misdemeanors (Federal law dictates up to but no more than a $500.00 fine can be impossed as the maximum penalty).
It's a judgement call. You might be able to get away with smoked covers during the day. But at night, take them off. Most of the time people are showing off say their headlight covers, is at the local cruise in, where cops know you are going to be out at. And they will look for anything to ticket you, in hopes you'll stop hanging out there. Its a giant game of cat and mouse. No sense giving them the edge, and ruin your night. And subsequently wasting a day fighting your ticket in court, unless you are foolish enough to pay a fine for a crime you didn't committ.
"DOT Approved" is a false statement. DOT does not certify or approve the compliance of motor vehicles or items of motor vehicle equipment. The Safety Act establishes a self‑certification system (§30115) in which the manufacturers and/or importers of motor vehicles and motor vehicle equipment must certify that their products comply with all applicable FMVSSs in effect on the date of manufacture.
S7.8.5 When activated in a steady-burning state, headlamps shall
not have any styling ornament or other feature, such as a translucent
cover or grill, in front of the lens. Headlamp wipers may be used in
front of the lens provided that the headlamp system is designed to
conform with all applicable photometric requirements with the wiper
stopped in any position in front of the lens. When a headlamp system is
installed on a motor vehicle, it shall be aimable with at least one of
the following: An externally applied aiming device, as specified in
S7.8.5.1; an on-vehicle headlamp aiming device installed by the vehicle
or lamp manufacturer, as specified in S7.8.5.2; or by visual/optical
means, as specified in S7.8.5.3.
not have any styling ornament or other feature, such as a translucent
cover or grill, in front of the lens. Headlamp wipers may be used in
front of the lens provided that the headlamp system is designed to
conform with all applicable photometric requirements with the wiper
stopped in any position in front of the lens. When a headlamp system is
installed on a motor vehicle, it shall be aimable with at least one of
the following: An externally applied aiming device, as specified in
S7.8.5.1; an on-vehicle headlamp aiming device installed by the vehicle
or lamp manufacturer, as specified in S7.8.5.2; or by visual/optical
means, as specified in S7.8.5.3.
(S5.1.3 would also prohibit, as original equipment, covers over required lighting equipment other than headlamps, for the same reason of impairment). While our laws do not prohibit the sale of lamp covers in the aftermarket, their installation would create a noncompliance with Standard No. 108. In that instance, there would be a violation of 49 U.S.C. 30122(b) if the covers were installed by a manufacturer, dealer, distributor, or motor vehicle repair business.
Originally posted by Bliggida
I've had officers tell me I'd be taken to jail before - over class C misdemeanors (Federal law dictates up to but no more than a $500.00 fine can be impossed as the maximum penalty).
I've had officers tell me I'd be taken to jail before - over class C misdemeanors (Federal law dictates up to but no more than a $500.00 fine can be impossed as the maximum penalty).
you can be arrested for anything except speeding and possession of open container. in those two instances, the officer must issue a promise to appear. failure to sign the promise to appear then warrants a trip to jail.
§ 543.004. Notice to Appear Required: Certain Offenses
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and
(2) the person makes a written promise to appear in court as provided by Section 543.005.
(b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.
(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.
------------------------------
§ 543.001. Arrest Without Warrant Authorized
Any peace officer may arrest without warrant a person found committing a violation of this subtitle.
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and
(2) the person makes a written promise to appear in court as provided by Section 543.005.
(b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.
(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.
------------------------------
§ 543.001. Arrest Without Warrant Authorized
Any peace officer may arrest without warrant a person found committing a violation of this subtitle.
http://supct.law.cornell.edu/supct/html/99-1408.ZS.html
Originally posted by Bliggida
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
Any other legal questions regarding Texas, ask me, my degree is in Criminal Justice.
. with nothing more than a degree, you have much to learn young skywalker; and i don't want anyone to be misinformed.
Last edited by DomesticViolence; Jan 10, 2003 at 06:14 PM.
If you think you can be arrested for a class C misdemeanor. You need to re read state law.
As for D.O.T. Go look at the sticker on your windshield. Is that a VMSS inspection sticker or a Tx. D.O.T. sticker???
As far as my degree goes, that isn't the only thing going for me, and that's not what I base knowing the law on soley. You may know people that are cops. Fine, I live with them. And things go well after SLP track day, I should be one myself starting the 16th. (yeah me)
Anyway, suffice it to say VMSS in short deals with manufactureres - what they can and can't do. You are not a manufacturer, so VMSS doesn't apply to you. D.O.T. does apply to you and you must answer to them. Their regulations are what govern passenger vehicles with regards to modification.
If covers aren't legal, explain the colored tailights on factory Toyota's/Lexus. Or the headlight covers on an Audi TT...Both have D.O.T. pass codes on them. Both come as factory equipment.
As for D.O.T. Go look at the sticker on your windshield. Is that a VMSS inspection sticker or a Tx. D.O.T. sticker???
As far as my degree goes, that isn't the only thing going for me, and that's not what I base knowing the law on soley. You may know people that are cops. Fine, I live with them. And things go well after SLP track day, I should be one myself starting the 16th. (yeah me)
Anyway, suffice it to say VMSS in short deals with manufactureres - what they can and can't do. You are not a manufacturer, so VMSS doesn't apply to you. D.O.T. does apply to you and you must answer to them. Their regulations are what govern passenger vehicles with regards to modification.
If covers aren't legal, explain the colored tailights on factory Toyota's/Lexus. Or the headlight covers on an Audi TT...Both have D.O.T. pass codes on them. Both come as factory equipment.
I have been pulled over a couple of times for the tail light covers. I asked the Trooper if there was a way to make them legal and I suggested putting some red reflectors in the back. He said that would maybe work cause the reason they are illegal is they block the reflectors built in the tail lights. The reflectors are hidden in that gap between the trunk and the bumber, right above the CAMARO. Cant see them but they sure do reflect
Prime example. It's only illegal if it detracts enough light that you can't see the reflectors, from I believe 500 or 1000 feet. If it does, they are illegal.
But take it in stride, its like most anything else. Yes it may technically be illegal, but that doesn't mean you definately get busted for it. Depends on situation and the officer stopping you.
In most states your favorite sexual position may be illegal but no one is going to arrest you for it, even if you were caught doing so in public.
An officer enforcers the law and also has the discretion in some instances to let you go with a warning.
But take it in stride, its like most anything else. Yes it may technically be illegal, but that doesn't mean you definately get busted for it. Depends on situation and the officer stopping you.
In most states your favorite sexual position may be illegal but no one is going to arrest you for it, even if you were caught doing so in public.
An officer enforcers the law and also has the discretion in some instances to let you go with a warning.
there are no covers legal in the state of texas. texas adopts the manufacturer's specs. if you don't believe me, please come drive through my city and i'll be more than happy to issue you a citation and then we can see just who knows more on this subject; the police officer or someone with a degree and a book. better still, I'LL ARREST YOU FOR IT. how's that?
DPS oversees inspections. DOT maintains vehicle registration records.
a reflector on a cover won't cut it. it reduces the light transmission and has the ability to collect dirt and debris which will further reduce the transmission.
IT IS ILLEGAL TO PLACE ANY TYPE OF COVER OVER ANY LAMP ON YOUR VEHICLE.
you are sorely mistaken and highly misinformed. the only thing i've even remotely seen where you were close to being right is in the fact that texas is a discretionary law enforcement state, which means you do not have to be cited for everything you were stopped for.
honestly, you're giving false information. i don't know where you're pulling this stuff out of, but it's not something you're familiar with.
if it's factory equipment, it is in compliance with standard 108. it is against federal law to manufacture a replacement lamp assembly that does not comply with 108.
the reflectors are built-into the tail lamp assembly. they are required as per 108.
sex in public is a class B misdemeanor and you can be arrested for it. it's called public lewdness.
please tell me you actually READ my post? this case law HERE upheld the state law and said that it is not a violation of constitutional right to be arrested for class C misdemeanors.
yes i know some cops. i know cops in just about every agency in the DFW area as well as numerous cities across texas and the US. i am also aquainted with international police officers. i go in and work with cops every day. 7 years as a police officer with 3 of those as a traffic enforcement officer probably qualifies my knowledge a little better than yours. good luck in your career, but you're going to need to do a lot more studying. you're going to have a terrible life if you continue to believe the non-sense you're citing.
DPS oversees inspections. DOT maintains vehicle registration records.
a reflector on a cover won't cut it. it reduces the light transmission and has the ability to collect dirt and debris which will further reduce the transmission.
IT IS ILLEGAL TO PLACE ANY TYPE OF COVER OVER ANY LAMP ON YOUR VEHICLE.
you are sorely mistaken and highly misinformed. the only thing i've even remotely seen where you were close to being right is in the fact that texas is a discretionary law enforcement state, which means you do not have to be cited for everything you were stopped for.
honestly, you're giving false information. i don't know where you're pulling this stuff out of, but it's not something you're familiar with.
if it's factory equipment, it is in compliance with standard 108. it is against federal law to manufacture a replacement lamp assembly that does not comply with 108.
the reflectors are built-into the tail lamp assembly. they are required as per 108.
sex in public is a class B misdemeanor and you can be arrested for it. it's called public lewdness.
If you think you can be arrested for a class C misdemeanor. You need to re read state law.
You may know people that are cops. Fine, I live with them. And things go well after SLP track day, I should be one myself starting the 16th. (yeah me)
Simply, the law (I did read it) does not state you cannot have covers over the lenses. It only says the amount of refracted light, cannot be below a certain standard. (Which would require some lab experiment) So, blackouts, will certainly be illegal, but Carbon Fiber or smoked covers may be ok. Clear covers are obivously legal. But, the whole point is, both You and I do not know what the exact amount of refracted light must be, neither do we nor any F.O. have the instruments and equipment to make such a call. It's all based on judgement. And taken to court, the state would have to prove it was illegal by running that test. At that point it would be established as illegal.
Please don't cite extreme instances of case law. I never said it violated your rights. I said it didn't happen, which is true, and a big difference.
Also, no need to make character attacks. Be a grown up.
Please don't cite extreme instances of case law. I never said it violated your rights. I said it didn't happen, which is true, and a big difference.
Also, no need to make character attacks. Be a grown up.


