San Jacinto Constitutional Study Group
Eastern Div. Western Div. Southern Div. Northern Div.
Civil Rights Investigators P.O.Box 1697 6763 Hwy 6
South P.O.Box 982 1504 Memorial Ln. Court
Watchers
Channelview, Texas 1100-120 Alvin,
Texas Conroe, Texas
TPZ [77530]
Houston,
Texas TPZ [77511] TPZ
[77304]
TPZ
[77083]
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 determine that I am going to fast?
I
know, Section 201.904 must mean those other speed limit signs that you see on
the road 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 while I am on my way to an assembly or coming
from one like when I’m going to the Mall, Church or meeting people at the
library in my private automobile, van or pickup? I can’t find it. So, I go down
to the local Sheriffs office and ask a couple of deputy 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
(2013)
Conroe, 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)
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