(a) A person commits an offense if the person operates a motor vehicle on a highway or street when a child younger than 18 years of age is occupying a boat or personal watercraft being drawn by the motor vehicle. 545.056. Sept. 1, 1995. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. An operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal as provided by this subchapter to the operator of a vehicle immediately to the rear when there is an opportunity to give the signal. June 19, 2015. The truck then collides with the passenger car, severely injuring the motor vehicle driver. 545.065. In this subsection, "connected braking system" means a system by which the braking of one vehicle is electronically coordinated with the braking system of a following vehicle. (a) In this section: (1) "Department" means the Texas Department of Transportation. 913 (H.B. 55), Sec. 882 (H.B. 973 (S.B. (e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section. Acts 2011, 82nd Leg., R.S., Ch. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). 449), Sec. If after conducting the investigation the commission, turnpike authority, or local authority finds that the structure cannot safely withstand vehicles traveling at a speed otherwise permissible under this subtitle, the commission, turnpike authority, or local authority shall: (1) determine and declare the maximum speed of vehicles that the structure can safely withstand; and. When you drive below the speed limit and slower than the traffic around you, you force other drivers to either slow down or pass you, and the more often cars pass each other, the more likely they are to collide. PASSING TO THE LEFT; RETURN; BEING PASSED. (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by: (b) A political subdivision of this state or a state agency may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system. 9, eff. 3, eff. 545.062. (d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. (c) An operator approaching an intersection on a roadway controlled by a yield sign shall: (1) slow to a speed that is reasonable under the existing conditions; and. 1, eff. 165, Sec. (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. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. Faulty evasive action 3% 2% 2% 2% Failed to drive in single lane 2% 1% 1% 3% Acts 2021, 87th Leg., R.S., Ch. 9, eff. (2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. (B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code. (a) An operator passing another vehicle: (1) shall pass to the left of the other vehicle at a safe distance; and. September 1, 2013. (d) Repealed by Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 165, Sec. Amended by Acts 1999, 76th Leg., ch. (e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. (c) An operator is not required to stop at: (1) an abandoned railroad grade crossing that is marked with a sign reading "tracks out of service"; or, (2) an industrial or spur line railroad grade crossing that is marked with a sign reading "exempt.". (3) increase the speed limit for a vehicle described by Section 545.352(b)(4). USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (e) Department approval under Subsection (d) must: (1) be based on a traffic study performed by the department to evaluate the effect of the proposed restriction; and. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) This section applies to an offense committed under Section 545.412. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING. 30.107(b), eff. The next most cited reason was alcohol and/or drug-related with 916.. 545.156. (c) A municipal governing body or commissioners court, on request of the governing body of a school or institution of higher education, may hold one public hearing for all public and private elementary and secondary schools, open-enrollment charter schools, and institutions of higher education in its jurisdiction. Even if the first driver was responsible for the initial incident, the second driver would be at fault due to his failure to take necessary actions to avoid additional harm. 545.301. SPECIAL SPEED LIMITATIONS. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. 2837), Sec. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . 2, eff. (2) supersedes any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. (B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone. 1419, Sec. 545.107. Below you will find links to traffic laws and driving rules in Texas -- including the online vehicle code, statutes on common traffic violations, and state-specific driving manuals (where available). (f) A temporary speed limit established under this section: (A) the 45th day after the date the limit becomes effective; or, (B) the date on which the district engineer determines that the maintenance activity has been completed and all equipment has been removed from the maintenance activity site; and. 923 (H.B. 1, eff. Sept. 1, 1995. (f) The department shall remove traffic control devices erected under this section if the lane restriction is rescinded under Subsection (d) or expires under Subsection (e). (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. 882 (H.B. Acts 2021, 87th Leg., R.S., Ch. June 18, 1999. (5) to a railroad track used exclusively for industrial switching purposes in a business district. 109), Sec. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. 165, Sec. 545.361. (a) An operator moving on a downgrade may not coast with the gears or transmission of the vehicle in neutral. September 1, 2011. Acts 2005, 79th Leg., Ch. Not more than one person for each residence may sign the petition, and each person signing must be at least 18 years of age. (j) This section preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to the use of a portable wireless communication device by the operator of a motor vehicle to read, write, or send an electronic message. September 1, 2013. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Sec. (a) On a highway having two or more roadways separated by a space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, an operator shall drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer. Sec. June 1, 2023. 1438, Sec. Image credit: Screenshot/ KPRC. PASSING CERTAIN VEHICLES. 8.01. 1969), Sec. Sec. 923 (H.B. September 1, 2019. 641, Sec. (1) "Governing body of a school or institution of higher education" means: (A) the board of trustees of the school district in which a public elementary or secondary school is located; (B) the governing body of a private elementary or secondary school; (C) the governing body of an open-enrollment charter school; or. Sec. OPERATION OF AUTOMATED MOTOR VEHICLES. Can You Change Lawyers During a Personal Injury Lawsuit? 1253 (H.B. Sec. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections. In this subchapter: (1) "Automated driving system" means hardware and software that, when installed on a motor vehicle and engaged, are collectively capable of performing, without any intervention or supervision by a human operator: (A) all aspects of the entire dynamic driving task for the vehicle on a sustained basis; and. Sec. DOCX The Objective, Mission and Program of Driver Licensing FOLLOWING DISTANCE. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway. (e) It is a defense to prosecution under this section that: (1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle; (4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle; (5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle; (6) the person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.433 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more; or. An offense under this subsection is a Class C misdemeanor. (d) If a local authority adopts an ordinance under Subsection (c), the authority shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access roadway to which the ordinance applies. 1, eff. (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. (b) An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the vehicles so that a vehicle passing the operator can safely enter and occupy the space. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . In this subsection, "triple saddle-mount method" means the mounting of the front wheels of trailing vehicles on the bed of another vehicle while leaving the rear wheels only of the trailing vehicles in contact with the roadway. (1) an operator of an authorized emergency or law enforcement vehicle using a portable wireless communication device while acting in an official capacity; or. 1257 (H.B. (a) In this section: (1) "Hands-free device" means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. (1) alter the general rule established by Section 545.351(a); or. Investigators said Hernandez "performed a faulty evasive action" by driving onto the sidewalk to avoid colliding with a car. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record. 1759), Sec. (b) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection. 1, eff. 545.101. Groucho Marx. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered. 545.251. 5, eff. 3, eff. 1607), Sec. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. Sept. 1, 2001; Acts 2001, 77th Leg., 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. (a) An operator may not drive on or cross a railroad grade crossing unless the vehicle being operated has sufficient undercarriage clearance. 2, eff. (d-1) The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in the jurisdiction of a local authority that is in compliance with Subsection (b-2). September 1, 2013. September 1, 2019. 545.414. (d) An offense under this section is punishable by a fine of not less than $50 or more than $200. FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR AMBULANCE. 730 (H.B. Acts 2015, 84th Leg., R.S., Ch. (c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a flagger warning of the approach or passage of a train or other on-track equipment shall yield the right-of-way to a train or other on-track equipment in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions. 1, eff. Unsafe Speed - 26,608 Crashes (e) In a prosecution under this section, proof that at the time of the offense a train or other on-track equipment was in hazardous proximity to the crossing and that the train or other equipment was plainly visible to the operator is prima facie evidence that it was not safe for the operator to proceed. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then. 545.358. 1, eff. & Rem.Code Ann. (3) may not proceed until the operator determines that the course is clear. TxDOT has referenced the American National Standard (ANSI) D16.1,1996 Manual on Classification of Motor Vehicle Traffic Accidents, the 2003 (a) This section applies only to the following vehicles: (1) a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702; (2) a stationary tow truck using equipment authorized by Section 547.305(d); (3) a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated pursuant to a contract awarded under Subchapter A, Chapter 223, not separated from the roadway by a traffic control channelizing device and using visual signals that comply with the standards and specifications adopted under Section 547.105; (4) a service vehicle used by or for a utility, as defined by Section 203.091, and using visual signals that comply with the standards and specifications adopted under Section 547.105; (5) a stationary vehicle used exclusively to transport municipal solid waste, as defined by Section 361.003, Health and Safety Code, or recyclable material, as defined by Section 361.421, Health and Safety Code, while being operated in connection with the removal or transportation of municipal solid waste or recyclable material from a location adjacent to the highway; and. 545.364. 545.304. Added by Acts 2003, 78th Leg., ch. REPORT AND INVESTIGATION OF CERTAIN RAILROAD CROSSING VIOLATIONS. (b) An operator may not drive over, across, or in a dividing space, physical barrier, or section constructed to impede vehicular traffic except: (1) through an opening in the physical barrier or dividing section or space; or. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. Sec. The Texas Department of Public Safety was created by law to protect the lives and property of the people of the state of Texas and departmental employees. September 1, 2021. (2) remain standing until all passengers have entered the streetcar or, on leaving, have reached a place of safety. Sept. 1, 2001; Acts 2001, 77th Leg., ch. texas traffic code faulty evasive action (e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. (2) "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code. 165, Sec. (3) a state jail felony if the person has been previously convicted under Subdivision (2). (e) A sign posted under Subsection (d) must: (1) be posted in the public right-of-way: (A) not more than 10 feet from the property line of the apartment complex; and, (A) a statement, in letters at least two inches in height, that parking of a commercial motor vehicle is prohibited from 10 p.m. to 6 a.m. in the public right-of-way or portion of the public right-of-way; and. In this chapter, a reference to an operator includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle. 551.104 (b) No Red Reflector or Red Light of Defective Reflector or Red Light on Rear of Bicycle or Moped - Nighttime. (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. (a) An operator may not drive a vehicle when it is loaded so that, or when the front seat has a number of persons, exceeding three, so that: (1) the view of the operator to the front or sides of the vehicle is obstructed; or. 1, eff. (a) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022. He hit Jackson from behind, throwing the 6-foot, 195-pound man nearly . SUBCHAPTER C. TURNING AND SIGNALS FOR STOPPING AND TURNING. Uninsured Motorist Claims in Texas. In the event of an accident involving an automated motor vehicle, the automated motor vehicle or any human operator of the automated motor vehicle shall comply with Chapter 550. Houston cop who struck and killed man with patrol car was - Chron (B) on a county road or highway to which this section applies that is located within 500 feet of an elementary, secondary, or open-enrollment charter school or an institution of higher education, if approved under Section 545.357. PDF Texas Peace Officer's Crash Report - McLennan Community College Common Pedestrian Accidents Caused by Distractions. Added by Acts 2005, 79th Leg., Ch. September 1, 2013. (2) "Race" means the use of one or more vehicles in an attempt to: (A) outgain or outdistance another vehicle or prevent another vehicle from passing; (B) arrive at a given destination ahead of another vehicle or vehicles; or. AUTOMATED MOTOR VEHICLE OPERATION. Police said the driver of a Cadillac CTS,.

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