Wednesday, September 15, 2010

Attention TX Drivers: Your Front License Plate Must Be Displayed...

" the foremost area of your car, most commonly the front bumper."

The Texas Court of Criminal Appeals seized the opportunity in Spence v. State to settle a split between the Texas Courts of Appeals regarding the proper placement of the front license plate.  The Amarillo Court of Appeals (7th), in Spence, had previously determined that the license plate was required to be displayed on the front bumper (the foremost area of the vehicle).  However, the Austin Court of Appeals (3rd), in State v. Losoya, 128 S.W. 3d 413 (Tex. App.--Austin 2004, pet. ref'd), held that Texas Transportation Code did not require the license plate on the font bumper.

Well, now it is settled.  The high court has spoken.  For those Nascar fans out there, go take down your Dale Earnhardt or you confederate flag decorative plate before you get a ticket! 

Attention Texas Drivers:  Your front license plate MUST be displayed on the foremost part of your vehicle, (i.e. Your front bumper).

Judge Meyers dissented, pointing out that the CCA is applying the Code inconsistently by requiring the front license plate to be displayed on the front bumper, but allowing the rear license plate to be displayed on the truck or back hatch of the vehicle and not on the rear bumper.  She "would construe the front and rear to mean any surface facing that direction."