License Plate Ticket

I received a ticket for the location of my currently registered license plate. I ride a sport bike that has had the factory plate mount removed since I bought it, six years ago.

This is the first time I have ever had a officer say anything to me about it. The plate is located under the seat and is visiable from the rear of the bike.

This is a common practice among sport bike riders. I have gone through all of the State of Texas Transportation statutes pertaining to licences plates and none of them state that the plate must be located in its factory location. Actually, none of them say anything about plate location.

Does anyone have any ideas?

[JETX]

Does your bike have a 'tail lamp'?? (I would assume so since you drive it on the roadways).

If so, from the Texas Transportation Code:
"§ 547.322. Taillamps Required
(a) Except as provided by Subsection (b), a motor vehicle, trailer, semitrailer, pole trailer, or vehicle that is towed at the end of a combination of vehicles shall be equipped with at least two taillamps.
(b) A passenger car or truck that was manufactured or assembled before the model year 1960 shall be equipped with at least one taillamp.
(c) Taillamps shall be mounted on the rear of the vehicle:
(1) at a height from 15 to 72 inches; and
(2) at the same level and spaced as widely apart as practicable if a vehicle is equipped with more than one lamp.
(d) A taillamp shall emit a red light plainly visible at a distance of 1,000 feet from the rear of the vehicle.
(e) If vehicles are traveling in combination, only the taillamps on the rearmost vehicle are required to emit a light for the distance specified in Subsection (d).
(f) A taillamp or a separate lamp shall be constructed and mounted to emit a white light that:
(1) illuminates the rear license plate; and
(2) makes the plate clearly legible at a distance of 50 feet from the rear.
(g) A taillamp, including a separate lamp used to illuminate a rear license plate, must emit a light when a headlamp or auxiliary driving lamp is lighted."
Source: [url]http://www.capitol.state.tx.us/statutes/tntoc.html[/url]

Also, from the same Code:
"§ 547.801. Lighting Equipment
(a) A motorcycle, including a motor-driven cycle, shall be equipped with:
(2) at least one taillamp mounted at a height from 20 to 72 inches;
(3) a taillamp or separate lamp to illuminate the rear license plate that complies with the requirements of Sections 547.322(f) and (g);"

And finally, also in the TX Trans Code:
"§ 502.404. Operation of Vehicle Without License Plate or Registration Insignia
(c) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate, attached to the rear of the vehicle, that has been:
(1) assigned by the department for the period; or
(2) validated by a registration insignia issued by the department that establishes that the vehicle is registered for the period.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200."

Well to answer your question, yes the bike has a taillamp. But the question is not whether or not the plate is illuminated. I have a seperate white light for that. My question is about Plate location.

The factory mount for the plate has been removed, prior to me purchasing the bike, and once again that was over 6 years ago. The plate is now located underneath the seat, but on the engine side of the rear tire, not the tail side. The plate can be clearly seen from 10ft and beyond. There are no obstuctions blocking the view of the plate. Now between 0 and 10ft you can not see the plate due to its location.

I would appriciate any further input.