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TC
03-15-2001, 12:54 AM
In reference to your confusion of how departments can write participation tickets to bystanders, here's where it's derived from:

§ 545.420. Racing on Highway
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) an exhibition of vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an attempt to:
(A) outgain or outdistance another vehicle or prevent another vehicle from passing;
(B) arrive at a given destination ahead of another vehicle or vehicles; or
(C) test the physical stamina or endurance of an operator over a long-distance driving route.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

It has been accepted by Dallas County (possibly statewide as well) that a person standing alongside the road watching a street race is an active participant in the illegal activity, even though they're not in the car actually conducting the race.

lucas
03-15-2001, 05:02 AM
its a bullshit law

Bullit
03-15-2001, 09:46 AM
we discussed it with our prosecutor once and he said a spectator ticket was really pushing it and wouldn't be a good idea. he preferred loitering. i figured some cities where it was a problem had some kind of ordinance about it.

TC
03-15-2001, 10:56 AM
Nah, but DPD is the only one that uses it. We don't touch it because it IS stretching the law. I can see where they derive the citations from, but I personally wouldn't feel comfortable with it.