Skip Goulet
Member
JohnMarcson said:It is pretty clear that tow trucks are listed seperatly from emergency vehicles when mentioned in the laws referenced. I will say that there is clearly some confusion down in the lone start state about what colors are allowed where. On my recent Austin trip I saw all sorts of blue lights on things I couldn't even identify. I have seen numerous service type vehicles that are not tow trucks in Texas with blue lights, I assumed they fell under
"a municipal department or public service
corporation emergency vehicle that has been designated or
authorized by the governing body of a municipality;"
So what is a "public service corporation emergency vehicle...designated or authorized by the governing body of a municipality"? My understanding is this leaves room for governments to designate corporations that serve in place of or along side emergency services as emergency vehicles. I figured that would be like the red cross etc, but I'm sure people run with it. So that is one clear point of ambiguity.
Another debated portion of one of the referenced laws is the specific tow truck provision. Tow trucks are given some specific provisions under the direction of a law enforcement officer for use of lights while on a scene. The law does clearly describe tow trucks as a separate type of vehicle, which would indicate they are not included in the emergency vehicle category.
§ 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor
vehicle lamp or illuminating device, other than a headlamp,
spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or
school bus warning lamp, that projects a beam with an intensity
brighter than 300 candlepower shall be directed so that no part of
the high-intensity portion of the beam strikes the roadway at a
distance of more than 75 feet from the vehicle.
( B) Except as expressly authorized by law, a person may not
operate or move equipment or a vehicle, other than a police vehicle,
with a lamp or device that displays a red light visible from
directly in front of the center of the equipment or vehicle.
© A person may not operate a motor vehicle equipped with a
red, white, or blue beacon, flashing, or alternating light unless
the equipment is:
(1) used as specifically authorized by this chapter;
or
(2) a running lamp, headlamp, taillamp, backup lamp,
or turn signal lamp that is used as authorized by law.
(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
discernable 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.
(e) A person may not operate highway maintenance or service
equipment, including snow-removal equipment, that is not equipped
with lamps or that does not display lighted lamps as required by the
standards and specifications adopted by the Texas Department of
Transportation.
(f) In this section "tow truck" means a motor vehicle or
mechanical device that is adapted or used to tow, winch, or move a
disabled vehicle.
All of that simply provides a few narrow windows of usage of colored lights. This doesn't even begin to speak to sirens. My take is that there are a few loopholes that could allow colored lights on tow vehicles under some circumstances, but they are not defined as emergency vehicles. The only way I can see for a tow vehicle to legally have a siren is for it not to be a tow truck. You would have to designate it as a private rescue vehicle operated by a "public service corporation".
Short answer: According to Texas Law, Tow trucks are not emergency vehicles and therefore cannot use sirens. There are a few specific cases where they can use lights.
Here is a video of a mystery vehicle with amber/blue I shot just north of Austin on the interstate.
Interesting John. That "mystery" vehicle looks like many of the repo wreckers you see around. I've never seen a repo wrecker with anything but amber around here, but there may be exceptions. At worst, if wreckers aren't allowed red/blue, then a lot of cops aer simply looking the other way. But with this wrecker, I'd be very suspicious. He shouldn't be running with his lights on and on the interstate since he isn't towing. I could understand if he was called to an MVA and told to expedite, but he doesn't seem to be in any particular hurry!