Title
Consider adopting Ordinance No. 3883, approving an amendment to Chapter 82, Traffic and Vehicles, of the Code of Ordinances by adding a new Division 8 providing for removing and towing uninsured vehicles; and take appropriate action.
Body
REQUESTOR:
Police Department.
BACKGROUND:
Chapter 601 of the Texas Transportation Code, titled the Motor Vehicle Safety Responsibility Act, states that a person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle.
If approved, this ordinance will authorize the removal and temporary impoundment of uninsured motor vehicles operating on a public roadway, street, or highway within the city to enhance public safety and increase driver accountability.
DISCUSSION:
During any traffic stop or investigation of a traffic crash occurring on a public roadway, street, or highway within the City, police officers will determine if all involved drivers have proof of financial responsibility as required by state law. If the driver does not have valid proof of financial responsibility for their motor vehicle and the officer reasonably believes that the vehicle will continue to be operated as such, the officer may impound the vehicle.
Officers will not only use the Texas Financial Responsibility Verification Program to verify proof of insurance, which is the method required by law, but will also use every other reasonable means to do so, e.g., contacting the driver's insurance company/agent, contacting the vehicle's lien holder, or contacting a parent or guardian if the driver is a juvenile.
Police officers will exercise discretion when making the decision to impound a motor vehicle for failure to maintain financial responsibility and will not impound for a variety of reasons including, but not limited to, the driver or passenger being ill, elderly, or infirm; the passengers being infants or children; lighting; location; traffic; or weather. If applicable, officers will tra...
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