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Texas Antique Vehicle Questions...


r0ckstarr

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I have a 1966 Buick. It's 3 different shades of ugly, but runs like a dream.

A couple years ago, I registered it as an antique in Galveston County Texas. Earlier tonight, I had a tow truck attempting to tow my car away. The guy claimed that it did not have an Inspection sticker on it.

I attempted to tell him that the car is registered as an antique, and because of that, it does not have to have a registration, or an inspection sticker displayed on the windshield. My antique plates expire in March of 2008.

This is the information I was told at the time of registration. He argued with me, called me some names and said he would be back in a few days to take the car if it did not have a sticker on it.

Is the information I was given at the time of registration true?

Can somebody help me find some information that backs up what I am saying is true.

My apologies if this is in the wrong section. Everything just happened about 20mins ago, and I am still going from it.

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You should be able to find this info on the Texas legislature's website. Here in VA, the database is searchable and the complete Code of Virginia is online. I would think TX is the same.

I think I'd tell the guy that if he hooks your car up without a warrant or magistrate's order, he can expect to be sued. If the car has a legitimate LE citation against it is one thing, but if it's legally parked and LE hasn't ordered the car towed he has no reason to hook up. None. If he argues, call the cops and have them stand by.

I personally think he's trolling business. Shoot his tires out if you need to! whistle.gif

Here's another take. He may be trying to steal it under guise of a legal towaway that isn't legal in the first place. Bad to think about, but not unheard of.

BTW, try to get it down to one shade of ugly. It'll help your cause if it's registered antique.

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I have year of manufacture plates on both of my cars (in other words my 63 has a 63 Texas plate). I have a small metal tag that attaches to the rear plate that has a registration number on it. What license plate is on your Buick? Does it say Antique or Classic. I believe there is a difference in registration types, but I doubt that the tow truck driver knows the difference.

I will check to see if I can find a link for the DOT requirements.

Mike

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Thanks for all of your help. I really appreciate it.

I was trying to hold off on the paint and body work until I had time to do it right, but I guess i'll just rattle can it all one solid color for the time being. The original paint is white, but the paint is peeling off in alot of area's exposing the brown factory primer underneath it. It has a patch of grey primer on the roof where I started repairs on it. But, one solid color will work for now. It will all be coming off eventually anyways to be done right.

With the help of Buick5563's post above, I found out that I was right. Antique vehicles do not have to have an inspection sticker, but classics do.

Mine is registered as an Antique and has the Antique license plates on it. I have also been searching around eBay, (off and on in the past), for the 1966 Texas plates to do just as Buick5563 has done with his 63 plates.

What is this "guise of legal towaway law"? I am not sure I know what it is.

Also, if by chance he still does manage to hook up to the car, or take the car while I am not there, what can I take him to court over? I know auto theft would be the main item, but what else could I use?

The car is also registered in the Texas HEAT program.

http://records.txdps.state.tx.us/heat/default.cfm

When I get a few more days off of work (working 12hr nights), I am going to find a storage building to keep the car in. That way it is out of sight from anyone, and will be locked up somewhat safe. Safer than it will be sitting at my home out in the open, that is. I guess hidden kill switches and after-market hood locks just aren't good enough anymore.

Thanks again.

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What a perfect example of Taking freedoms away from us, we should be able to have whatever we want in our driveways, the guy, was trying to steal it because he would have not said that he would come back. When I have been in Texas, I see some awful 70's-90's junkers driving around why are those not being towed? Turn your wheel as far as it will go to one side or another and put one of those CLUBS on it and lock the doors and trunk and keep the hood closed and a kill switch on and maybe park a car behind it for now.

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<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: r0ckstarr</div><div class="ubbcode-body"> Earlier tonight, I had a tow truck attempting to tow my car away. The guy claimed that it did not have an Inspection sticker on it. I attempted to tell him . . . etc.</div></div>

Did you call the police on the A$$ H()le?

Will you file an official complaint? Did he show a badge?

Reading this really made my blood boil. Time to produce your shot gun. The guy is a common thief and once it leaves your property you will play hell getting it back if ever.

Click-> A Hoax Most Cruel

.

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Went to the local county court house this morning after work. Took with me, the title to the Buick, the paper work from when it was registered as an antique, insurance, my drivers license, etc.. and a picture for reference.

I told them the situation and showed them all of my info. An hour later after explaining everything to 4 different people, I left with a property protective order paper or whatever it is called stating that the tow truck company cannot get within a certain distance of the car unless it is breaking a law like parked in a fire zone and things like that. It also noted that by being registered as an antique, the car does not break any laws such as annual inspection and cannot be towed because of that very reason.

At the bottom it also states that antique plates do not require annual inspection. It's signed by a county clerk and a sheriff.

The sheriff told me that the paper is only good against them attempting to tow the car under the reasons I stated. No inspection sticker when it is not required, and that I cannot use the paper for any other reasons. If I change registration on the car, the paper is no longer valid. When my antique registration is up for renew in Mar 08' the paper is no longer valid and must be destroyed.

The paper is hanging on the inside of the windshield and I called the tow truck company to let them know.

They apologized and admitted they were wrong.

I am thinking they still would have came to get the car had I not have taken it to a higher authority.

Thanks again everyone for all of your help!

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Your information is correct. The "guy" is wrong and trying to rip you off. A vehicle registered in Texas as an Antique Vehicle is exempt from inspection. I carry a paper copy of the relevant Texas motor vehicle laws with me in my '63 Riviera to defend myself against ignorance with respect to registration, inspection and seat belts.

Copy/paste this into a word processor and print:

§ 502.275. Certain Exhibition Vehicles; Offense

(a) The department shall issue specially designed license plates for a passenger car, truck, motorcycle, or former military vehicle that:

(1) is at least 25 years old, if the vehicle is a passenger car, truck, or motorcycle;

(2) is a collector's item;

(3) is used exclusively for exhibitions, club activities, parades, and other functions of public interest, and is not used for regular transportation; and

(4) does not carry advertising.

(B) Special license plates issued under Subsection (a) must include the words "Antique Auto," "Antique Truck," "Antique Motorcycle," or "Military Vehicle," as appropriate.

© In lieu of issuing plates under Subsection (a), the department may approve for use license plates presented by the owner that were issued by this state in the same year as the model year of a vehicle described by Subsection (a). The department shall approve for use on a passenger car license plates that were issued for a passenger car or for a truck and shall approve for use on a truck license plates that were issued for a truck or for a passenger car. If the department approves license plates under this subsection, the department shall issue a symbol for attachment to one of the license plates, as determined by the department, showing the year in which the vehicle was registered under this section.

(d) License plates issued under Subsection (a) or approved under Subsection © are valid for a maximum period of five years.

(e) The department shall issue license plates under Subsection (a) or approve license plates under Subsection © and shall issue a registration receipt to a person who:

(1) files a sworn written application with the county assessor-collector of the county in which the person resides that:

(A) is on a form provided by the department;

(B) if the vehicle is a passenger car, truck, or motorcycle, contains the make, body style, motor number, and age of the vehicle;

© states any other information required by the department; and

(D) states that the vehicle and the use of the vehicle comply with Subsection (a); and

(2) pays a fee of:

(A) $10 for each year or portion of a year remaining in the five-year registration period, if the vehicle was manufactured in 1921 or a later year; or

(B) $8 for each year or portion of a year remaining in the five-year registration period, if the vehicle was manufactured before 1921.

(f) Notwithstanding any other provision of this section, the department may exempt a former military vehicle from the requirement to display license plates or any symbol, tab, or other device indicating registration of the vehicle if the department determines that the exemption is necessary to maintain the vehicle's accurate military design or markings.

(g) A vehicle registered under this section is exempt from the registration fee otherwise prescribed by this chapter.

(h) Registration under this section is valid without renewal for the period for which the vehicle was registered if the vehicle is owned by the same person.

(i) A county assessor-collector may not renew the registration of a vehicle under this section until the registered owner surrenders to the assessor-collector any license plates or symbol and the registration receipt issued for the vehicle for the previous period.

(j) If a vehicle registered under this section is transferred to another owner or is junked, is destroyed, or otherwise ceases to exist, the registration receipt and any license plates or symbol are immediately void and the license plates or symbol issued under this section shall be sent immediately to the department.

(k) An owner of a vehicle registered under this section who violates this section commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $5 or more than $200.

(l) Notwithstanding any other section of this code, a vehicle issued plates under Subsection (a) shall be required to display only one license plate, which is to be attached to the rear of the vehicle.

(m) In this section, "former military vehicle" means a vehicle, including a trailer, regardless of the vehicle's size, weight, or year of manufacture, that:

(1) was manufactured for use in any country's military forces; and

(2) is maintained to accurately represent its military design and markings.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.56(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1222, § 2, eff. Sept. 1, 1997.

§ 548.052. Vehicles Not Subject to Inspection

This chapter does not apply to:

(1) a trailer, semitrailer, pole trailer, or mobile home moving under or bearing a current factory-delivery license plate or current in-transit license plate;

(2) a vehicle moving under or bearing a paper dealer in-transit tag, machinery license, disaster license, parade license, prorate tab, one-trip permit, antique license, temporary 24-hour permit, or permit license;

(3) a trailer, semitrailer, pole trailer, or mobile home having an actual gross weight or registered gross weight of 4,500 pounds or less;

(4) farm machinery, road-building equipment, a farm trailer, or a vehicle required to display a slow-moving-vehicle emblem under Section 547.703;

(5) a former military vehicle, as defined by Section 502.275;

(6) a vehicle qualified for a tax exemption under Section 152.092, Tax Code; or

(7) a vehicle for which a certificate of title has been issued but that is not required to be registered.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.121(a), eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 963, § 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1423, § 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 19.006, eff. Sept. 1, 2001.

§ 545.106. Signals by Hand and Arm or by Signal Lamp

(a) Except as provided by Subsection (B), an operator required to give a stop or turn signal shall do so by:

(1) using the hand and arm; or

(2) lighting signal lamps approved by the department.

(B) A motor vehicle in use on a highway shall be equipped with signal lamps, and the required signal shall be given by lighting the lamps, if:

(1) the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle is more than two feet; or

(2) the distance from the center of the top of the steering post to the rear limit of the body or load, including the body or load of a combination of vehicles, is more than 14 feet.

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

§ 545.107. Method of Giving Hand and Arm Signals

An operator who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows:

(1) to make a left turn signal, extend hand and arm horizontally;

(2) to make a right turn signal, extend hand and arm upward, except that a bicycle operator may signal from the right side of the vehicle with the hand and arm extended horizontally; and

(3) to stop or decrease speed, extend hand and arm downward.

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

§ 545.413. Safety Belts; Offense

(a) A person commits an offense if the person:

(1) is at least 15 years of age;

(2) is riding in the front seat of a passenger vehicle while the vehicle is being operated;

(3) is occupying a seat that is equipped with a safety belt; and

(4) is not secured by a safety belt.

(B) A person commits an offense if the person:

(1) operates a passenger vehicle that is equipped with safety belts; and

(2) allows a child who is at least five years of age but younger than 17 years of age or who is younger than five years of age and at least 36 inches in height to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

© A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.

(d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (B) is a misdemeanor punishable by a fine of not less than $100 or more than $200.

(e) It is a defense to prosecution under this section that:

(1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle;

(4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle;

(5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle; or

(6) The person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.163 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more.

(f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize:

(1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and

(2) the requirements of this section and the penalty for noncompliance.

(g) Use or nonuse of a safety belt is not admissible evidence in a civil trial, other than a proceeding under Subtitle A or B, Title 5, Family Code.

(h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412.

(i) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of Subsection (B) on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes:

(1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and

(2) the requirements of this section and the penalty for noncompliance.

(j) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.115(a), eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 316, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 515, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 618, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 910, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1042, § 2, eff. Sept. 1, 2001.

=========================================

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  • 6 months later...

I have a couple of friends who are tow truck drivers in Houston. They both do specialized towing of cars, not chase accidents.

I talked to them about this and they both had the same immediate opinion that the driver wanted your car for himself or he had a client who wanted the car. They thought if your car had been towed it was destined for a shipping container at the port going who knows where or perhaps a chop shop.

I would say you were lucky but I would also say to protect your car as they thought the folks would come again.

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An additional section of Texas legislation you need to carry:

§ 547.601. SAFETY BELTS REQUIRED. A motor vehicle required by Chapter 548 to be inspected shall be equipped with front safety belts if safety belt anchorages were part of the manufacturer's original equipment on the vehicle. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

This is referenced in my earlier post. I tried to edit the earlier post and add this but could not.

Note: this says if front seat belt anchors were in the original car, seat belts are required.

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Guest austinsailor

I'm baffled as to why they would have any right to tow it regardless. A ticket can be written, but tow it? In 25 years I've lived in Texas, I've never head of such a thing.

However, this might be of help to you. In Texas, you can use deadly force to stop someone from taking your property at night. That is correct, you see him trying to take it at night, you can shoot him dead, no questions asked.

No joke, it does happen, too. A car can be reposessed, as we know. Occasionally, the repo man gets shot by the person being repod from when he tries to take the car at night. Guy owning the car doesn't have to find out why he's taking it. I've heard of several cases over the years, each was cleared by a grand jury.

Of course, your method is by far the better.

I'm still baffled why a towing company would think they would have a right to grab the car over a safety sticker, whether it was required or not.

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I was told when registering my 60 Bird that there are a couple of ways to drive an antique vehicle in Texas. One is with the red and white "antique vehicle" license plate(these do not require an inspection sticker, but can only be driven to shows, display, etc. No driving to work.)Or you can use year of manufacture plate with a metal tag(same rules as antique vehicle plates) or you can use year of manufacture plates(approved by DMV) without the metal tag. If you go this route, you must have an inspection sticker, but you are free to use the vehicle in any way you want to. This registration must be renewed every year, as compared to the others, which are multi-year. Lots of tow truck drivers like to make their own rules, much like bounty hunters. However, I don't think any of them can hook up to your vehicle if it hasn't been "tagged" unless they are operated by a government agency. Jim Mizell

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