Friday, March 25, 2016

Texas Security Patrol Vehicle Light Colors



A topic that causes a significant amount of confusion for Texas Security Officers, because of the massive amount of misinformation, is the legality of certain light colors on patrol vehicles. A very popular combination to use is blue and white. Some companies or officers will use red and blue. This is problematic, and it is also generally illegal.

There are a few things to consider here. The first is private vs public property. Technically, a private citizen can run any color lights on their vehicle while on private property, where transportation code doesn't apply, but how did they get to private property? The Security Officer didn't teleport there, so, at some point, they had to travel over public roads.

Now that we are talking about public roads, we can look at Texas Transportation Code's direction on the legality of light colors.

Texas Transportation Code 547.305 states:
c. a person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating lights unless the equipment is:
used as specifically authorized by this chapter; or
a running lamp, tail lamp, backup lamp, or turn signal lamp that is used as authorized by law.

The key here is the word "equipped". The law does not state that the lights must be activated, only that they are equipped. The only exception to 547.305(c) is for authorized vehicles. That list is found under Subsection (d)

d. a vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:

  1.  a school bus.
  2.  an authorized emergency vehicle;
  3. a church bus that has the words “church bus” printed on the front and rear of the bus so as to be clearly discernible to other vehicle operators;
  4. a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
  5. a tow truck with a mounted light bar, which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.
To break this down further, "authorized emergency vehicle" is defined in 541.201(1). This in no way includes Security Patrol vehicles, and none of the other listed exceptions include Security Officers or their patrol vehicles, whether that vehicle is personally owned or owned by the licensed security company either. If a Security Officer travels over public roads with red, white, or blue flashing, alternating, or beacon lights equipped to their vehicle to get to their post, they are breaking the law. An argument could be made for lights that do not remain equipped, such as dash lights that can be removed in between sites. This would technically be in compliance by not being "equipped".

A further issue could arise. Even if you don't travel on public roads somehow, and you attempt to use your red, white, or blue lights to stop someone whether in or out of a vehicle it could still be considered "Impersonation of Public Servant" (Texas Penal Code 37.11). It could be as simple as the person the Security Officer stopped saying they saw blue lights in their rear view mirror, and they stopped for the patrol car thinking that it was the police. This can be a slippery slope.

While we understand that lights are important for visibility and in our work as professionals in our field, there are lights that are legal. Green and amber lights are both in compliance with traffic code and may be equipped permanently, regardless of whether the Security Officer travels over public roads or on private property. We suggest using lights in a legal manner to prevent the possibilities of tickets or even jail time.


2 comments:

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  2. As per 571, 1702, and others, you may only use Amber, White, or Green as "safety" auxiliary lighting. There has been much concern about people impersonating police. Any reputable guard company would not allow such. Security companies are a deterrent to criminal activity, and work to protect the clients against crime. Guards may even assist the public but are not police.

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