Leo-question

[brushtrooper]

In a private parking lot and 2 vehicles have an accident. Just say one backs into the other. From a law enforcement stand point, can a ticket be issued? Or is it the 2 private parties that handle the situation?
To my understanding, law enforcement did not write violations in private parking lots for such matters? I have searched the CFR's but not found one that pertains to that scenario.

[fox1]

Not sure about Texas but last year in Oklahoma I backed into a guy in a parking lot, I turned off my truck and got out to talk to the driver, he stomps the gas and ripped the entire side of his car to pieces on my receiver hitch. He squealed tires all the way out of the parking lot.

I called the police to file a report and they said if he would have stayed that it would have been a civil issue between him and I and them not being involved other than a report. They said he ran because he probably didn't have insurance, or had a warrant. No damage to my truck but the guy ruined his car.

[Gbird]

There is no traffic law in parking lots in TX. Tickets are not written in crashes in private lots. If one party leaves without exchanging information, that is a criminal offense.


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[mchildress]

Backing not in safety accident is the only citation that can be issued in Texas in a private parking lot.

[Bullseye07]

Also police will only file a report if there's over $1k in damage

[rockyraider]

Backing not in safety accident is the only citation that can be issued in Texas in a private parking lot.

Huh?????? Please show where this is true.

To the OP, largely speaking, the Texas Transportation code does not apply to private parking lots. That means essentially that most traffic laws do not apply unless the vehicle is being operated on a public roadway, which a private parking lot is not. There are certain Penal/Transportation Code statutes that do apply and would be enforceable, but typically those statutes focus on making those specific behaviors illegal if committed in a "public place" vs. a "public roadway". A couple examples would be Reckless Driving and Driving While Intoxicated. Sorry to muddy the waters, but to specifically answer your question, a vehicle that backs into another vehicle in a private parking lot would not be cited for a traffic violation. Many LE agencies will not complete an accident report for minor, private parking lot collisions, rather they issue a self reporting accident form to the involved parties.

[tvc184]

Also police will only file a report if there's over $1k in damage

That depends on the agency. My department does not work accidents in parking lots unless someone is injured.

[Bullseye07]

That depends on the agency. My department does not work accidents in parking lots unless someone is injured.

You're right. I should've said state troopers.

[tvc184]

Huh?????? Please show where this is true.

To the OP, largely speaking, the Texas Transportation code does not apply to private parking lots. That means essentially that most traffic laws do not apply unless the vehicle is being operated on a public roadway, which a private parking lot is not. There are certain Penal/Transportation Code statutes that do apply and would be enforceable, but typically those statutes focus on making those specific behaviors illegal if committed in a "public place" vs. a "public roadway". A couple examples would be Reckless Driving and Driving While Intoxicated. Sorry to muddy the waters, but to specifically answer your question, a vehicle that backs into another vehicle in a private parking lot would not be cited for a traffic violation. Many LE agencies will not complete an accident report for minor, private parking lot collisions, rather they issue a self reporting accident form to the involved parties.

Beat me to it.... darn you .....

In the Texas Transportation Code 542.001 it says that unless the law "specifically" applies to another place, it only applies to a highway. A highway by definition is any roadway (not only a numbered highway) and the included public right of way including shoulders, medians, etc.



SUBTITLE C. RULES OF THE ROAD
CHAPTER 542. GENERAL PROVISIONS
SUBCHAPTER A. APPLICABILITY

Sec. 542.001. VEHICLES ON HIGHWAYS. A provision of this subtitle relating to the operation of a vehicle applies only to the operation of a vehicle on a highway unless the provision specifically applies to a different place.



As far as the backing, it says nothing about private property and as stated above, unless specifically applying to a public place or private property, it does not apply.



Sec. 545.415. BACKING A VEHICLE. (a) An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic.
(b) An operator may not back the vehicle on a shoulder or roadway of a limited-access or controlled-access highway.



Just as an example of what rockyraider was talking about with "specific" laws, we have the example given of Reckless Driving.



Sec. 545.401. RECKLESSDRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.



As you can see in this law, it clearly says that the law applies to private access way or parking lots. There are very few such exceptions to the public traffic way (highway) requirements for most laws.