Law-Forums.org

[artzai]

My dad says that a friend of his (the guy was about 45) was issued a traffic citation (no seat belt) for driving towards a public roadway on his private driveway. To emphasize, still not on public roadway. I have looked up the actual law for TX ( http://www.statutes.legis.state.tx.us/ ) and I can't find anything that specifies where moving violations can or cannot occur. I was a cop for four years in Louisiana, so it's really a matter of me not being familiar with TX law and the way it is organized. If someone familiar with TX law can point me in the right direction to research on my own, statute-wise, I would appreciate it.

[dacy17]

No you cannot be issued a traffic citation for not wearing your seat belt on private property.

Unless specified in a specific statute, the transportation code applies on a public street or highway.

If this person got a ticket, he was on a public street or highway.

Texas Transportation Code

Chapter 541
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.541.htm
541.302(5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.542.htm
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.

Edit:
You are mistaken hunter.

It is not just felony offenses.

Any violation of the penal code, misdemeanor or felony, is a violation anywhere in the state.

However, there are some traffic offenses which apply in other public places, not just a public street or highway.

Reckless driving is an example of such a traffic law.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm

Sec. 545.401. RECKLESS DRIVING; 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.

(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.

[hwistlere31]

You are correct, as far as I am aware of Texas law. They cannot issue a traffic violation on a private roadway unless you are committing a major crime. (felony at least)