Section 545.404 of the Texas Transportation Code which is titled Unattended Motor Vehicle. Here it states that an operator may not leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to the curb or side of the highway.
While Texas Transportation Code Section 545.404, prohibits the operator of a motor vehicle from leaving the vehicle unattended without stopping the engine, locking the ignition, and removing the key from the ignition at least one Texas court has held that this section of law only applies to vehicles parked on public highways and streets. The Cities of Dallas, Austin and Arlington have also interpreted Texas Transportation Code Section 545.404 in a similar manner.
To close what may be seen as a loophole many cities have amended their city code with an ordinance making it unlawful to park and leave unattended, upon any private street, or upon any off-street public or private property used for parking and accessible to the public, a motor vehicle with the engine running or that has a key in the ignition.
My questions are as follows:
In there a definition of "unattended" as in how far away, etc.?
Where could I find the court case cited above regarding the ruling it only applies to public highways and streets?
Where could I find information if the city in which the ticket is issued closed the "loophole" as mentioned?
Thanks
Unattended Vehicle Question
