Acts 2005, 79th Leg., Ch. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. RACING ON HIGHWAY. 265 (H.B. 30.111, eff. (a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. Sec. Sept. 1, 1999. Operation of Bicycles and Mopeds, Golf Carts, and Other Low-powered Vehicles. September 1, 2021. INTERFERENCE WITH PEACE OFFICER INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; CRIMINAL OFFENSE. (B) five miles per hour when the posted speed limit is less than 25 miles per hour. (c) It is a defense to prosecution under this section that the person was: (1) operating or towing the vehicle in a parade or in an emergency; (2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; (4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or. (2) yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection. Sept. 1, 1997. 545.254. (2) request the owner of the reported vehicle, as shown by the vehicle registration records of the Texas Department of Transportation, to disclose the name and address of the individual operating that vehicle at the time of the violation alleged in the report. (d) An operator commits an offense if the operator drives around, under, or through a crossing gate or a barrier at a railroad crossing while the gate or barrier is closed, being closed, or being opened. (A) a vehicle described by Section 545.305; (C) a hazardous material as defined by 49 U.S.C. 3638), Sec. An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire. RESTRICTION ON USE OF HIGHWAY. (3) an authorized vehicle operated by a blood or tissue bank. (B) is riding in a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and. (1) "Child passenger safety seat system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration. Acts 2005, 79th Leg., Ch. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property. (b) If the commission adopts a rule under Subsection (a), the commission shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access highway to which the rule applies. 316, Sec. (b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that: (A) the defendant was not arrested or issued a citation for violation of any other offense; (B) the defendant did not possess a child passenger safety seat system in the vehicle; and, (C) the vehicle the defendant was operating was not involved in an accident; and. Car Accident Theory of Negligence: Failure to Take Evasive Action Under Texas law, when you sue someone who caused you to sustain injuries in a car accident, you must articulate a theory of liability. (g) For the purposes of this section, contiguous subdivisions that are developed by the same entity or a successor to that entity and that are given the same public name or a variation of the same public name are considered one subdivision. The fines, penalties and fees for traffic offenses vary greatly depending on a number of circumstances. 545.420. SIGNALING TURNS; USE OF TURN SIGNALS. 1042, Sec. (a) Except as provided by Subsection (b), an operator may not leave a vehicle unattended without: (4) setting the parking brake effectively; and. (f) For purposes of Subsections (c) and (d), an autocycle as defined by Section 501.008 is considered to be a motorcycle. Sec. 1042, Sec. Sec. 1759), Sec. Sec. 30.107(b), eff. 1, eff. (2) observes the violation while on a moving engine. Acts 1995, 74th Leg., ch. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only: (2) to accelerate before entering the main traveled lane of traffic; (3) to decelerate before making a right turn; (4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn; (5) to allow another vehicle traveling faster to pass; (6) as permitted or required by an official traffic-control device; or. VEHICLE TURNING LEFT. 545.052. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway. (2) at a crossover or intersection established by a public authority. September 1, 2007. (c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose. Added by Acts 2005, 79th Leg., Ch. Amended by Acts 1997, 75th Leg., ch. 2, eff. (d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. 2981), Sec. Sec. (h-1) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County if the commission determines that 80 miles per hour is a reasonable and safe speed for that part of the highway. 165, Sec. Sept. 1, 1997. (b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only: (1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway; (2) as permitted or required by an official traffic-control device; or. On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left. 183), Sec. September 1, 2011. RESTRICTED ACCESS. 1, eff. Sec. 9, eff. September 1, 2009. Sec. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. (5) an estimate of how long the site will be used for the accident reconstruction. 1759), Sec. 1049, Sec. (b) When the Texas Transportation Commission, the Texas Turnpike Authority, the commissioners court of a county, or the governing body of a municipality, within the jurisdiction of each, as applicable, as specified in Sections 545.353 to 545.357, determines from the results of an engineering and traffic investigation that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the commission, authority, county commissioners court, or governing body may determine and declare a minimum speed limit on the highway. 892 (H.B. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . Acts 2005, 79th Leg., Ch. Acts 1995, 74th Leg., ch. (3) the number of vehicular accidents that resulted in injury or death and were attributable to speed limit violations on the highway or part of the highway. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. Accident Involving Damage to Vehicle - last updated April 14, 2021 September 1, 2011. 1, eff. The commissioners court shall use each license or permit fee to pay salaries and expenses of the sheriff's office for conducting inspections to determine compliance with the ordinance and laws relating to dealers in scrap metal and salvage. (4) awaiting access to a ferry operated by the Texas Transportation Commission. 51.014(a)(5), (8) (West 2008); City of Houston v. . Sept. 1, 1995. (g) An offense under Subsection (a) or (b) is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under either subsection, in which event the offense is punishable by a fine of at least $100 and not more than $200. 9, eff. (a) The commissioners court of a county with a population of 3.3 million or more shall by ordinance provide for the licensing of or the granting of a permit to a person to remove or store a vehicle authorized by Section 545.305 to be removed in an unincorporated area of the county. 545.202. Single State Registration: Transportation Code Chapter 645. Acts 2007, 80th Leg., R.S., Ch. 1251, Sec. (b) A county commissioners court by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway located in the county and outside the jurisdiction of a municipality. Refreshed: 2021-06-07. 545.360. 1353), Sec. 2, eff. (d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was used to make an emergency call to: (A) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (F) an individual to administer first aid treatment; or. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. 165, Sec. 2005 Texas Transportation Code CHAPTER 541. DEFINITIONS - Justia Law (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway. 545.3531. 165, Sec. (3) "School bus" includes a multifunction school activity bus. An operator moving through a defile or canyon or on a mountain highway shall: (1) hold the vehicle under control and as near the right-hand edge of the highway as possible; and. Sec. Text of subsection effective until June 01, 2023. Read this complete Texas Transportation Code - TRANSP 545.401. 545.357. (b) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. Acts 1995, 74th Leg., ch. Added by Acts 1997, 75th Leg., ch. (2) "Wireless communication device" has the meaning assigned by Section 545.425. Sec. (b) In determining whether a prima facie speed limit on a part of a turnpike constructed and maintained by the authority is reasonable or safe, the authority shall consider the width and condition of the pavement, the usual traffic on the turnpike, and other circumstances. Acts 2021, 87th Leg., R.S., Ch. 641, Sec. The truck then collides with the passenger car, severely injuring the motor vehicle driver. (2) show the proper method to attach safety chains between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle. DRIVING THROUGH SAFETY ZONE. 576, Sec. (e) In this section, "safety chains" means flexible tension members connected from the front of a drawn vehicle to the rear of the drawing vehicle to maintain connection between the vehicles if the primary connecting system fails. Sec. 2, eff. (5) covered by motor vehicle liability coverage or self-insurance in an amount equal to the amount of coverage that is required under the laws of this state. (a) An automated motor vehicle may operate in this state with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle. September 1, 2005. DEFINITIONS. 3190), Sec. 1353), Sec. (e) A temporary speed limit established under this section: (f) A designated official who temporarily lowers a speed limit shall: (1) place and maintain at the vehicular accident reconstruction site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001; (2) temporarily conceal all other signs on the highway segment affected by the vehicular accident reconstruction site that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. 1160 (H.B. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely. (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) within 50 feet of the nearest rail of a railroad crossing; or. 545.427. 545.101. Acts 1995, 74th Leg., ch. 547. 9, eff. June 19, 2015. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. 1759), Sec. (c) Subsection (a-1) does not apply to a person operating a motor vehicle while accompanied in the manner required by Section 521.222(d)(2) for the holder of a learner license. Sec. An operator emerging from an alley, driveway, or building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid collision; and. 1257 (H.B. 3050), Sec. (e) This section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle, except that a political subdivision may by ordinance or rule prohibit the use of a wireless communication device while operating a motor vehicle throughout the jurisdiction of the political subdivision. 545.402. June 20, 2003. 545.418. (d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor. 5, eff. Sec. Amended by Acts 1997, 75th Leg., ch. Sec. 4, eff. 545.4252. A restriction approved under this section may not be enforced until the appropriate traffic control devices are in place. (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record. PASSING TO THE LEFT; RETURN; BEING PASSED. Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 1995, 74th Leg., ch. Sec. 618, Sec. 2-Year-Old Dies After Ejected From Vehicle On Highway In Dallas - CBS Texas (c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is: (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed; (2) a Class A misdemeanor if the person causes serious bodily injury to another; or. (3) a position off the paved or main traveled part of the highway. This section provides information and. 545.204. Texas Transportation Code Added by Acts 2019, 86th Leg., R.S., Ch. (a) A peace officer listed under Article 2.12, Code of Criminal Procedure, or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle: (1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (4) is identified as having been stolen in a warrant issued on the filing of a complaint; (5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: (A) incapacitated and unable to provide for the vehicle's removal or custody; or. Laws and Rules | Motorcycle and ATV Operator Safety The officer giving the signal must be in uniform and prominently display the officer's badge of office. September 1, 2011. (3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the official finds that the vehicular accident reconstruction is complete and all equipment is removed from the vehicular accident reconstruction site. (c) Notwithstanding Section 542.001, this section applies to: (1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and. 128 (H.B. (3) "Entire dynamic driving task" means the operational and tactical aspects of operating a vehicle. Amended by Acts 1999, 76th Leg., ch. 1, eff. TURNING AT INTERSECTION. Acts 2009, 81st Leg., R.S., Ch. We take on a limited number of cases to get you maximum results. (E) an unattended manufactured home as defined by Section 1201.003, Occupations Code. 1560), Sec. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. 347), Sec. 1201), Sec. (a) An operator may not pass to the left or drive on the left side of a streetcar moving in the same direction, even if the streetcar is temporarily at rest, unless the operator: (1) is directed to do so by a police officer; (3) is on a street on which the location of the tracks prevents compliance with this section. Acts 2005, 79th Leg., Ch. (a) An operator may not drive to the left side of the roadway if the operator is: (1) approaching within 100 feet of an intersection or railroad grade crossing in a municipality; (2) approaching within 100 feet of an intersection or railroad grade crossing outside a municipality and the intersection or crossing is shown by a sign or marking in accordance with Section 545.055; (3) approaching within 100 feet of a bridge, viaduct, or tunnel; or. MAXIMUM SPEED REQUIREMENT. (e) The commissioners court of a county with a population of more than 2.8 million may establish from the results of an engineering and traffic investigation a speed limit of not more than 75 miles per hour on any part of a highway of that county that is a limited-access or controlled-access highway, regardless of the location of the part of the highway. Sec. Sec. (d) Except as provided by Subsection (h-1), the commission may not: (1) modify the rules established by Section 545.351(b); (2) establish a speed limit of more than 75 miles per hour; or. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 4170), Sec. 973 (S.B. 1391 (H.B. 1093), Sec. Acts 2009, 81st Leg., R.S., Ch. what is the oldest baseball bat company? 1, eff. 424 (S.B. (3) "Urban district" means the territory adjacent to and including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway. Sec. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. (c) The department shall erect and maintain official traffic control devices necessary to implement and enforce a lane restriction imposed under this section. (b) An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. Sec. 860 (H.B. Amended by Acts 2003, 78th Leg., ch. 551. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality. TXDOT CODE SHEET | Manualzz Sept. 1, 1995. 4, eff. 1756), Sec. Sec. Now, the brothers say they want trucking companies to take a close look at safety procedures and training. 545.152. 1346, Sec. Watch Now. Sec. An operator may not drive through or in a safety zone. (a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible or visual signal, an operator, unless otherwise directed by a police officer, shall: (2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and. How Swerving and Overcorrecting Can Lead to a More Serious Crash Sept. 1, 1997; Acts 1997, 75th Leg., ch. (d) The governing body of a municipality that declares a lower speed limit on a highway or part of a highway under Subsection (b-1) or (b-3), not later than February 1 of each year, shall publish on its Internet website and submit to the department a report that compares for each of the two previous calendar years: (1) the number of traffic citations issued by peace officers of the municipality and the alleged speed of the vehicles, for speed limit violations on the highway or part of the highway; (2) the number of warning citations issued by peace officers of the municipality on the highway or part of the highway; and. (h) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that: (1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and. September 1, 2019. This subsection does not apply to a funeral procession. Sec. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS. Accident Involving Damage to Vehicle on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. It is a defense to prosecution under this subsection that the operator was operating the motorcycle or moped in an emergency or for a law enforcement purpose. June 17, 2005. OPERATOR OF AUTOMATED MOTOR VEHICLE. Acts 2013, 83rd Leg., R.S., Ch. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. 1, eff. Sept. 1, 1999. 1331, Sec. (e-1) Subsection (c) does not apply to an operator of a school bus or passenger bus using a wireless communication device: (1) in the performance of the operator's duties as a bus driver; and. 545.456. (f) In this section, "wireless communication device" means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C.