San Jacinto Constitutional Study Group
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SPEED SIGNS IN TEXAS

A funny thing happened while I was at the Law Library. I found out that the speed limit signs, that you see around Texas, was not directed to me. This might seem a little radical for most people but the law is the law, right?
What got me going, was the quest to find out why a Speed Sign was placed on a particular spot of a road, who determined the speed requirement for a particular road and how the speed requirement was determined.
I found out that police usually used the Texas Transportation Code, as a guide, to determine if I was going faster than some speed sign. If I did go faster that the speed sign indicated, then I violated some law.
The first thing I needed to know, was the definition of “Transportation”; to see who the code was for.
“Transportation”: “The removal of goods or persons from one place to another, by a carrier. Railroad Co. v. Pratt, 22 Wall. 133 22 L. Ed.827; Interstate Commerce Com’n v. Brisom, 14 S. Ct. 1125, 154 U.S. 447, 38 L. Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S. Ct. 826, 114 U.S. 196, 29 L. Ed. 158.”
Black’s Law Dictionary 4th Edition.

“Carrier”: “One undertaking to transport persons or property.  Windam v. Pace, 192 S.E. 271, 6 S.E.2d 270, 274; or one employed or engaged in the business of carrying goods for others for hire. Roeske v. Lamb, 39 N.M. 111, 41 P. .2d. 522, 523.”
Black’s Law Dictionary 4th Edition.

The Transportation Code Act  is defined as:
 "An Act relating to the adoption of a non-substantive revision of statutes relating to transportation . . ." 

This research was looking like the Texas Transportation Code was developed to regulate commerce. But, that couldn’t be. There were too many people on the road getting tickets that were just going around and doing non-commercial stuff; like shopping, site seeing, vacationing and going to and from work. Surely, I was missing something somewhere. I know, I’ll go look up what I can find out about signs that was suppose to regulate the speed on our Texas highways.

Texas Transportation Code – Section 201.904 – SPEED SIGNS
“The department shall erect and maintain on the highways and roads of this state appropriate signs that show the maximum lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semi-trailers, and motor vehicles engaged in the business of transporting passengers for compensation or hire (buses).”

Whoa! Surely this can’t be all there is in the Texas Transportation Code on Speed Signs? How can this be? What signs are the police using to determined that I am going to fast?

I know, Section 201.904 must mean those speed limit signs that you see that says TRUCKS. Those must be for the truck tractors, truck trailers, truck semi-trailers that they mention about in the code. But, that means that the other speed sign that just gives a speed limit must be for motor vehicles engaged in the business of transporting passengers for compensation or hire; like buses, taxies and limos.

Where is the speed sign law, that the police use to stop me, when I’m going to the Mall, in my private automobile, van or pickup? I can’t find it. So, I go down to the sheriffs office and ask a couple of officers, “What signs are you using to determine that I could be going to fast, on some road”. They point outside to a speed sign beside the road, in front of their Office. I ask “Where in the Transportation Code tells me about that sign?” They show me a few codes that specify the speed limit of certain area roads, but not of signs. I show them Section 201.904 of the Texas Transportation Code. They read it. They look at each other. Then one of them hands me back the piece of paper that the code was written on and says, “It is somewhere else in the code, you just need to look harder,” as they walk away.

Let me tell you, I looked harder, but I can’t find it.

If this country was established by the people, whereby the people created the government and laid down a Constitution that restricted the people running the government; where is the authority of a public servant to create a law to restrict the right of people from going place to place?

If the Texas Constitution recognizes the right of people to assemble by Article 1, Section 27, the people have a right to get to the assembly without being encumbered, by the police, as long as no one has been harmed or endangered, during the traveling. Any law that restricts someone from going to a meeting has to be unconstitutional, if that someone was not acting in commerce. For Section 201.904 of the Texas Transportation Code or any other Section within this code to be constitutional, the code must be for people or corporations involved in commerce.

If by some trick, the government has changed the status of people into corporations, then all actions of people would be in commerce. But that’s another story.

Article by: Bobie Kenneth Townsend
Member of the San Jacinto Constitutional Study Group (2000)
Channelview, Texas -  Chapter

All information found in this article will not be considered as legal advise. All Information should be verified by the reader. Permission to copy is granted. The truth should always spread.

Remember
The Unknowing Are Slaves To Liars
(Charles Barnam)