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Texas Attorney General’s Office Opinion on Deputy Sheriff Operation of Fixed Commercial Vehicle Weigh Station

Texas Attorney General’s Office Opinion on Deputy Sheriff Operation of Fixed Commercial Vehicle Weigh Station

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The Texas Attorney General’s Office analyzed the operation of a fixed commercial vehicle weigh station by a deputy sheriff. It concluded that the relevant statutory provisions do not authorize a deputy sheriff to direct all commercial vehicles to the weigh station without prior suspicion of unlawful weight. The Fourth Amendment’s applicability is undetermined.


Texas Attorney General’s Office Opinion on Deputy Sheriff Operation of Fixed Commercial Vehicle Weigh Station

Texas Attorney General’s Office Opinion on Deputy Sheriff Operation of Fixed Commercial Vehicle Weigh Station

The Texas Attorney General’s Office, in Opinion Number KP-0458, analyzes the statutory provisions relevant to the operation of a fixed commercial vehicle weigh station by a deputy sheriff certified under Transportation Code sections 621.401 and 621.402. The opinion addresses the permissibility of directing all commercial vehicles to enter a weigh station for weight inspection without prior observation of load status or a reason to believe the weight of the vehicles is unlawful.

Statutory Analysis By Texas Attorney General’s Office

In Opinion Number KP-0458, the Texas Attorney General’s Office addresses the question of whether a deputy sheriff certified under Transportation Code sections 621.401 and 621.402 may operate a fixed commercial motor vehicle weigh station, directing all commercial vehicles to enter the facility to have their weight inspected for violations.

As a preliminary matter, it is noted that Chapter 621 of the Texas Transportation Code regulates the weight and size of all vehicles, including commercial trucks, using Texas highways. This chapter establishes statutory maximum weights for vehicles operating on public highways, depending largely on the number of axles on the vehicle. To enforce these weight limitations, Section 621.402 authorizes a “weight enforcement officer” to weigh vehicles using portable or stationary scales furnished or approved by the Department of Public Safety, including deputies.

However, the scenario described in the inquiry involves directing all commercial vehicles to enter the weigh station without prior observation of load status or a reason to believe the weight of the vehicles is unlawful. This goes against the requirement of Section 621.402, which necessitates a weight enforcement officer to have a reason to believe the weight of a loaded vehicle is unlawful before conducting a weigh-in. Therefore, it is likely that Section 621.402 does not authorize a deputy sheriff to stop and weigh the trucks in the proposed scenario.

Another relevant section, 644.103(a) of the Transportation Code, authorizes an officer of the Department to stop, enter, or detain a commercial vehicle on a highway to determine whether the vehicle is in violation of federal or safety regulations. While this section does not explicitly require a degree of suspicion to stop, enter, or detain a commercial vehicle, the eligibility criteria for officers, as outlined in subsection 644.101(c), do not appear to include Aransas County, rendering a deputy sheriff from this county ineligible for certification to stop or detain commercial vehicles on a highway pursuant to this section.

The Opinion refrains from determining whether the Fourth Amendment to the U.S. Constitution would permit the particular scenario as proposed. However, it notes that both the U.S. Supreme Court and the Fifth Circuit Court of Appeals have suggested that warrantless and suspicionless stops for the purpose of weighing vehicles could be constitutionally permissible under certain statutory provisions explicitly authorizing such stops.

Conclusion

Regarding the inspection of commercial trucks on Texas highways, the Transportation Code grants the State extensive powers. Chapter 621 governs the weight and size of all vehicles, while chapter 644 establishes safety standards for commercial vehicles. A court’s likely conclusion would be that neither subsection 621.402(a) nor 644.103(a) authorize a deputy sheriff from Aransas County to operate a fixed commercial vehicle weigh station directing all commercial vehicles to leave a highway for weighing purposes. Given this, it remains undetermined whether the Fourth Amendment to the U.S. Constitution would permit the proposed scenario.

Ultimately, the Opinion provides a comprehensive analysis of the relevant statutory provisions and related implications for the operation of fixed commercial vehicle weigh stations, offering valuable guidance for the county in the formulation of appropriate law enforcement and administrative policy in this regard.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.


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