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Home » Blog » Improper Use Of Traffic-Control Devices

Improper Use Of Traffic-Control Devices

Ivy Speeding
Improper Use Of Traffic-Control Devices Header

Improper Use Of Traffic-Control Devices

A person may not, without lawful authority, alter, injure, knockdown, or remove an official traffic-control device, railroad sign or signal, inscription, shield, or insignia. Of course, these laws don't apply to a person who is providing fire-fighting, law enforcement, ambulance, medical, or other emergency services.

In Texas, a driver commits an offense if the person uses, sells, offers for sale, purchases, or possesses for use or sale a device designed, intended, or used to interfere with or alter the operation of a traffic-control signal. That sounds complicated and it could be something like a computer hacker changing a digital sign's message from, “CAUTION: CONSTRUCTION AHEAD” to something like, “CAUTION: ZOMBIES AHEAD”. But it could also be something simple like a wannabe gangster spray painting over a speed limit sign. Complicated or not, it's a Class C misdemeanor for the offending person.

Proper Use Of Traffic-Control Devices

The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by the Texas Transportation Code unless the person is otherwise directed by a traffic or police officer, or when a person is operating an authorized emergency vehicle that is subject to exceptions under the Texas Transportation Code. Just when you think you know what each sign, signal, and marking is telling you to do, they throw some official into the street to tell you to not abide it. People just can't make up their minds.

A provision of the signs, signals, and markings section of the Texas Transportation Code requires that an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device was not in proper position and sufficiently legible to an ordinarily observant person.

An official traffic-control device is in effect regardless of whether a traffic-control device is in place. Not every traffic law is plastered on a big, obvious, sign or light to let you know what you're supposed to do. Sometimes, you just have to use your brain. Careful, you may get headaches if you're not used to it.

Placing And Maintaining Traffic-Control Devices

The Texas Department of Transportation may place and maintain a traffic-control device on a state highway as provided by the manual and specifications adopted under the Texas Transportation Code.
To implement a local traffic ordinance, a local authority may place and maintain a traffic-control device on a highway under the authority's jurisdiction. The traffic-control device must conform to the manual and specifications adopted under the Texas Transportation Code. Some cities in Texas and even in and around the Houston area have ordinances against using a cell phone while driving. Drivers may see signs that say as much in those areas... Well, the drivers may see them if they're not focused on their cell phones instead of the road.

A local authority may not place or maintain a traffic-control device on a highway under the jurisdiction of the Texas Department of Transportation without that department's permission.

Unauthorized Traffic-Control Devices

In Texas, a driver may not place, maintain, or display on or in view of a highway an unauthorized sign, signal, marking, or device that imitates or resembles an official traffic-control device or railroad sign or signal, that attempts to direct the movement of traffic or hides from view or hinders the effectiveness of an official traffic-control device or railroad sign or signal. It may be kind of funny to go stand out on the side of the highway with a bunch of different signs and mess with traffic, but you'll just get yourself into trouble with the law by doing it.

A Texas driver may not place or maintain on a highway, and a public authority may not permit on a highway, a traffic sign or signal bearing commercial advertising.

A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the Texas Transportation Commission. Those crazy kids can't have their outdoor raves and discos on the sides of highway... 'Cause we all know that's where they like to do it.

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About the Author
Ivy has worked for Comedy Driving since 2005, and is well educated in the art of defensive driving.

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