3.15.2011

Random Texas Traffic Question

As long as I've been involved in cases that often begin with simple traffic violations, I've never had this come up: Are those yellow Texas signs (above) simply "advisory" or is it a violation to travel in excess of the designated miles per hour? I guess they could get your for reckless driving or some other offense, but the specific question is can they give you a ticket for speeding.

The DPS Texas Driving Handbook (pdf) - which is where I got the above graphic - doesn't really answer the question. (And there's no way I'm hitting the Texas Transportation Code when someone out there knows the answer.)

I brought this up to someone before, and they thought it was a no brainer that the signs were the equivalent of maximum speed signs on the highway. But if that's the case, why are they yellow?

Edit: And for you knuckleheads that think I don't understand the basic speeding statute, I at least educated myself four years ago.

28 comments:

Anonymous said...

I've heard of people getting tickets on exit ramps when they don't go 30mph when exiting off of a highway. Those signs are usually yellow. But good question. I would like to know the actual answer.

Anonymous said...

"Experts report Japan's nuclear disaster worse than Three Mile Island..."

That wouldn't be hard since 3MH was a non issue that was exploited by the press and anti nuke energy noodniks to scare the average simpleton at large.

Anonymous said...

Advisory only, legal speed limit signs are black type on reflective white background. You cannot legally recieve a apeeding ticket for exceeding the posted speed on a yellow sign. You might recieve a ticket for the afore mentioned reckless driving if you get an officer in a bad mood.
Uncle Wally

Anonymous said...

I believe that they are simply what they are labeled as : ADVISORY. The white and black signs are LAW and the yellow signs are ADVISORY only.

The sign definition says that this is the highest speed which you "can safely" travel around the turn ahead.

It is only a suggested speed.

Anonymous said...

I was ticketed when I was 16 for going around a curve 10 mph over what the yellow sign said. My mom was pissed, took it to court and they dismissed it because the yellow signs are not sped limit signs.

Anonymous said...

Pardon me, 3MI.

Anonymous said...

On 35 there are multiple traps in those little towns that will ticket for being over the limit posted on ramps where the sign is a yellow warning.

Doesn't mean it's legal or right since that rarely matters anymore, but that's how it is.

Anonymous said...

Sign color makes no difference in Runaway Bay. They will bust your ass. Period.
Just a little heads up --- the RAB Police (I use the term loosly) are working radar by The Club EVERY Saturday morning by at least 7 AM. Beware!

Anonymous said...

They are not enforceable, only suggested safe speeds for that condition.

Anonymous said...

I think, that if one wants to get really technical on the matter of the sign, a person might be faced with a violation of Transportation code 545.352 Prima Facie Speed Limits, where:
(a) A Speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that speed is unlawful.

(I understand this to mean, that if the marked speed limit is 70, and the advisory sign says 25 at the curve, and one takes the curve at 70, they could be in fact ticketed for not following the reasonalbe speed of the warning sign.)

The argument to this case, could be reasonable to assume that one would say it violates Transportation code 545.359~ Conflicting Designated Speed Limits~
-An order of the Texas Transportation Commission declaring a speed limit on part of a designated or marked route of the state highway system made under Sections 545.356, 545.362, supersedes any conflicting designated speed establised under sections 545.356 and 545.358.

(I would understand this to mean, that the advisory speed can not supersede the already posted speed limit.)

Anonymous said...

Attica! Attica! Attica!

Anonymous said...

If you were in Rhome during the mid nineties, you got tickets for this.

Anonymous said...

Barry, can you provide all the city council candidates? WCM is slipping yet again. We dont know who is running in our towns.

Anonymous said...

That is an emgineers' advisory speed to take the curve given an average size and mass vehicle.

Anonymous said...

Advisory only. However, I would bet you would get a ticket if you wrecked your car going faster than the advised limit.

Anonymous said...

You might beat the rap, but you won't beat the ride.

Rage

Anonymous said...

Welp, I read the Mess.
No mention of the Godboldt kid.
And if you think I'm going to register....you're nuts.

Anonymous said...

Where's a good lawyer when you need one?

Anonymous said...

One loophole.
You may recieve an excessive speed citation even though you are under the posted limit if the officer determines that you are driving too fast for the road or weather conditions. This could be loosley applied to the advisory sign.
Uncle Wally

Anonymous said...

Actually, you can receive a speeding ticket based on an "Advisory" speed limit sign. Driving in access of the posted speed limit is simply prima facia evidence of speeding.

You can also be in violation if you speed is excessive based on the conditions. I.E. the curve is really sharpe, so "30 MPH". This may be an Advisory sign, but you crash into a barrier or another speed, you are in violation. Albet, you would probably be cited for Unsafe Speed, or Fail to Control Speed.

Anonymous said...

12:54 it was in the Saturday Mess

Anonymous said...

You're a lawyer...you figure it out.

Anonymous said...

and let us not forget the posted signs are during good/normal driving conditions, rain would technically require a slower speed to be legal

Anonymous said...

12:54,
Thanks.

Anonymous said...

The advisory sign reflects a safe speed for a vehicle that is maximum size and maximum weight, as calculated by a traffic engineer, in accordance with MUTCD (Manual on Uniform Traffic Control Devices).

Anonymous said...

What about the Godbolt kid?

Anonymous said...

Dude - I thought you were a lawyer?

Most states call it "basic rule" speeding. In other words, if you are driving too fast for conditions, regardless of what the speed limit is or what the signs say, then you can be cited and convicted of speeding.

Same thing in Texas, though it isn't used much. If you get clocked going over the speed suggested for the curve you could be cited.

Anonymous said...

TC 544.004