Unattended running vehicles may lead to arrests

GONZALES —There's no question that leaving your car unattended while it’s warming up is risky, but could you be held accountable if your car is stolen?

Leaving a vehicle unattended with the keys still in the ignition - whether it's running or not - is a violation of the Texas Transportation Code. People who do this could find themselves not only filing a police report for their stolen vehicle, but also paying a $500 ticket because leaving your car running is a Class C misdemeanor.

HB 2194 states that a person operating a motor vehicle may not leave it unattended without stopping the engine, locking the ignition, removing the key from the ignition, setting the parking brake effectively, and — if standing on a grade — turning the front wheels to the curb od side of the highway.

“The law requires more than just making sure that the engine is not running,” Pct. 4 Deputy Constable Jerry Airola said. “If a Texas peace officer observes a vehicle in violation of this he could cite the driver for a Class C violation. Technically the driver could be arrested, but that is highly unlikely. Texas law allows a peace officer to arrest for any violation of the traffic code except for speeding and open container of alcohol.”

Although arrests are “highly unlikely,” there have been recent arrests here in Gonzales.

County Judge David Bird said in the last two weeks he served as magistrate in cases where two people were jailed for leaving their cars running while parked at local stores.

“I think it would be good to let people know that this is the law and that they can be arrested,” Bird said.

Texas Transportation Code provided the following exceptions, however:

• Remote Start: Texas law allows the vehicle to be running if it has been started by using a remote start system that allows the vehicle to be started and remain running for a limited time, the keys cannot be in the ignition at that time.
• Private property: Remember that all traffic laws, except those that specifically state otherwise, are not enforceable on private property. (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).

Airola provided a list of reasons why you would not want to leave the car running with the keys in the ignition:

• National Insurance Crime Bureau conducted a study that was released last year. For the years 2012 through 2014, a total of 126,603 vehicles were reported stolen with the keys left in the vehicle.
• Vehicles that are stolen are often used to commit serious crimes. It is common to see these vehicles used in crimes of smuggling drugs, weapons, and human trafficking.
• You can be held civilly liable if a child were to drive away in your vehicle. The courts have held that you must reasonably care for and maintain safe conditions on your property (Attractive Nuisance Law).
• Vehicle left unattended is not being monitored for possible mechanical problems that can become catastrophic. Vehicles often overheat when they are left to idle. A remote start system will shut off the vehicle after a set amount of time. If you start the vehicle with the keys, then leave it at idle, there is no safety catch in place to stop the engine from overheating, electrical fires, etc.
• About 600,000+ vehicles are stolen in the United States each year, and up to half of the thefts can be blamed on driver error. According to the National Highway Traffic Safety Administration (NHTSA), this includes leaving your vehicle’s doors unlocked while the keys are in the car.

Local auto insurance companies say that, generally, auto insurance will cover auto theft even if the keys were left in the car or the car was left running. However, the vehicle owner can expect to get stuck in a 30-day holding period while the insurance company waits to see if the stolen vehicle turns up.