ASK A COP — Are unattended, running vehicles on home, store driveways legal?

Published 12:01 am Tuesday, January 7, 2020

AC3 from Port Arthur asks: Officer Antoine, I am now aware of the Texas law of leaving a vehicle unattended. Does this apply to private property like motorist’s driveway? Can a law enforcement officer come on my property and give me a ticket for leaving my vehicle unattended if I’m warming up my vehicle in my driveway?

Answer: Good question AC3! This law cannot be enforced on private property by law enforcement officers in the state of Texas. Leaving an unattended vehicle is enforced on public roadways ONLY! With that said, it is permissible by law to start your car and leave it running to warm up on your property. It is also permissible to get out at a store on the parking lot and leave the vehicle unattended. The aforementioned is legal but NOT SMART. You are basically giving your vehicle away. We have enough problems with thieves taking vehicles that are locked. Now the same thief approaches the same vehicle that’s unlocked and running would be considered a gift by car thieves. That’s equivalent to leaving your doors to your home wide open while you’re gone. Texas Transportation Code actually says upon exiting a motor vehicle on a roadway, the operator must turn the vehicle off, take the key out of the ignition and set the parking brake. Keep in mind many insurance companies will not cover vehicles that are stolen because the keys were left in the ignition.

Bonnin from Port Arthur asks: Officer Antoine, I follow your column and appreciate all of the answers you have provided. Today there’s seems to be a total disregard of motorists respecting other vehicles on the road with their bright lights on. Even when I flash them to turn off their bright lights, they simply refuse to turn off their bright lights. Do you think it’s a generational gap with younger motorists not respecting other motorists on the road, because I believe experienced motorists would turn off their bright lights when flashed by another motorist on the road.

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Answer: Good question Bonnin! I’m not certain if it’s a generational issue, but then again it could very well be. A lot of motorists are installing light emitting diode, commonly known as LED aftermarket lighting to their vehicles. And YES, the LED bulbs are brighter than the normal halogen bulbs. The LED bulbs do give the thought by other motorists that someone is driving with their high beams on. At this time, LED bulbs are legal in Texas and we all know, unfortunately, this won’t be legislated until something bad happens. Bonnin, depends on a case-by-case or car-by-car situation, the LED bulbs could be too bright. It is recommended motorists purchase the entire LED kit and have it professionally installed instead of just buying the bulbs for the replacement of the factory bulbs. So, Bonnin, if this is the case, they are not ignoring you. They have LED lamps installed.

Join Officer Antoine for Ask A Cop Live, on KSAP 96.9 FM, “The Breeze” radio station, every Tuesday from 1 to 2:30 p.m. Tune in and listen as Officer Antoine discusses in detail the newly released Ask A Cop article. You can also tune in at ksapthebreeze.org. Feel free to call in and ask your question live to Officer Antoine at 409-982-0247.

Remember to email your questions to Rickey.Antoine@portarthurtx.gov, or call 409-983-8673 and leave a message or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public, you can Ask A Cop!