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legal defenseUnited States · Texas (Statewide)Difficulty: Easy

Necessary Loading/Unloading & Commercial Vehicle Exception

Tex. Transp. Code § 545.301-545.303 and most Texas city codes (Houston § 26-141, Dallas § 28-128, Austin § 12-5) permit temporary stopping for the 'expeditious loading or unloading' of passengers or freight. Officers regularly cite delivery drivers, rideshare drivers, movers, and patients in front of clinics, but the statutory exception applies if the stop was actually for loading/unloading and was no longer than reasonably necessary. Photographic evidence (delivery receipt, Lyft/Uber trip log, moving company invoice) usually defeats the citation.

Legal basis

Tex. Transp. Code §§ 545.301-545.303; Houston City Code § 26-141; Dallas City Code § 28-128

Sample appeal wording

I was actively engaged in the expeditious loading/unloading of [PASSENGERS/FREIGHT/DELIVERY] at [ADDRESS] when the citation was issued. This activity is permitted under Tex. Transp. Code § 545.301 and [CITY ORDINANCE]. Documentation: [DELIVERY RECEIPT / RIDESHARE TRIP LOG / MOVING COMPANY INVOICE / WITNESS STATEMENT]. The duration was [X] minutes — reasonable for the activity. Dismissal requested.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Tex. Transp. Code §§ 545.301-545.303
  • Houston, Dallas, Austin, San Antonio city codes

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