(b) An operator of a vehicle equipped with solid rubber or cushion tires may not drive at a speed of more than 10 miles per hour. 165, Sec. 8.01, eff. Added by Acts 1997, 75th Leg., ch. Sec. (a) An operator may not drive on the left side of the center of the roadway in passing another vehicle unless: (1) driving on the left side of the center of the roadway is authorized by this subtitle; and. The Houston Police Department recently released body cam footage of an officer driving onto the sidewalk during a vehicle pursuit and fatally striking an innocent 62-year-old man. (c) On a street or roadway designated for two-way traffic, the operator turning left shall, to the extent practicable, turn in the portion of the intersection to the left of the center of the intersection. If required for safety, the operator shall stop at a clearly marked stop line before the grade crossing or, if no stop line exists, not closer than 15 feet or farther than 50 feet from the nearest rail. (f) An offense under this section is punishable by a fine of not less than $50 or more than $200. (d) A county receiving a request under Subsection (c) may post one or more signs as requested or as the county determines to be necessary. 4, eff. 1160 (H.B. Watch Now. (2) the left side is clearly visible and free of approaching traffic for a distance sufficient to permit passing without interfering with the operation of the passed vehicle or a vehicle approaching from the opposite direction. It's best to do this all the time with well-developed scanning habits. stanford beach volleyball. USE OF REST AREA: OFFENSE. June 20, 2003. (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. (h-2) Notwithstanding Section 545.352(b), the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system if: (1) that part of the highway system is designed to accommodate travel at that established speed or a higher speed; and. 537), Sec. Sec. 545.425. 30.113(a), eff. 165, Sec. 204, Sec. 165, Sec. Sec. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard. 2, eff. 545.064. September 1, 2007. Investigators said Hernandez "performed a faulty evasive action" by driving onto the sidewalk to avoid colliding with a car. 165, Sec. (e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. OPERATION AND MOVEMENT OF VEHICLES. (d) For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm. (b) It is a defense to prosecution under this section that: (1) the person was operating or towing the vehicle: (B) 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; or. September 1, 2019. 663 (H.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2007. (b) An operator of a school bus, while operating the bus, shall prohibit a passenger from: (B) in any location on the bus that is not designed as a seat. Acts 2009, 81st Leg., R.S., Ch. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE. (e) Subsection (d) does not prohibit an operator from carrying on a motorcycle or moped a person younger than five years of age who is seated in a sidecar attached to the motorcycle or moped. (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. 1097, Sec. (2) the automated driving system is considered to be licensed to operate the vehicle. 30.109, eff. Acts 2021, 87th Leg., R.S., Ch. 1257 (H.B. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS. 1, eff. (3) the vehicle is in clear view for at least 200 feet in each direction on the highway. The term: (i) operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and, (ii) tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions; and. September 1, 2017. 1020, Sec. (6) where an official sign prohibits standing. Sept. 1, 1995. 1346, Sec. 1049, Sec. 1, eff. 165, Sec. 3, eff. 545.416. Acts 2013, 83rd Leg., R.S., Ch. (2) the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency. (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. (a) The governing body of a municipality by ordinance may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower a prima facie speed limit for a highway or part of a highway in the municipality, including a highway of the state highway system, at the site of an investigation using vehicular accident reconstruction. 1093), Sec. Faulty evasive action always occurs after perception and is the reaction of a driver or pedestrian to a hazardous situation on the highway. 1, eff. (a) Subject to Subsection (c), the Texas Transportation Commission may enter an order establishing prima facie speed limits of not more than 75 miles per hour applicable to all highways, including a turnpike under the authority of the Texas Turnpike Authority or a highway under the control of a municipality or county. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely. Police for Reporting Crashes, also known as the CR-100 manual, in accordance with the Texas Transportation Code and Administrative Rule(s). RECKLESS DRIVING; OFFENSE. Acts 1995, 74th Leg., ch. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission for an officially designated or marked highway of the state highway system. (a) In this section: (1) "Electric personal assistive mobility device" has the meaning assigned by Section 551.201. damage or hazard to the vehicle, other traffic, or the roadway. Added by Acts 1997, 75th Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. 1042, Sec. (3) on entering the roadway, yield the right-of-way to an approaching vehicle. Acts 2009, 81st Leg., R.S., Ch. (a) (1) In this section, "authority" means a regional tollway authority governed by Chapter 366. (D) the governing board of an institution of higher education. 51.014(a)(5), (8) (West 2008); City of Houston v. . September 1, 2009. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL. Sept. 1, 1995. January 1, 2008. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. Acts 2009, 81st Leg., R.S., Ch. 1044 (H.B. 165, Sec. BACKING A VEHICLE. Many factors can contribute to these accidents, from inclement road and weather conditions to negligent driving behaviors. 1, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 545.206. ( a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances: ( 1) Any 21 CFR 1308.11 Schedule I substance; ( 2) An amphetamine or any formulation thereof (including, but not limited, to "pep pills," and "bennies"); ( 3) A narcotic drug or any derivative thereof; or 166 (H.B. 240 (H.B. 1, eff. (a) When an automated driving system installed on a motor vehicle is engaged: (1) the owner of the automated driving system is considered the operator of the automated motor vehicle solely for the purpose of assessing compliance with applicable traffic or motor vehicle laws, regardless of whether the person is physically present in the vehicle while the vehicle is operating; and. (f) Notwithstanding Subsection (e), an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person. Accident Involving Damage to Vehicle - last updated April 14, 2021 Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1353), Sec. 545.353. 545.0652. Section 332. (1) a misdemeanor punishable under Section 542.401; (2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or. Sept. 1, 2003. 3190), Sec. (c) An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. (b) An operator when lawfully passing to the left of a streetcar that has stopped to receive or discharge a passenger: (2) may proceed only on exercising due caution for pedestrians; and. (c) It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation: (1) finds that the services would constitute a public service for the benefit of the traveling public; and. Sec. Don't disrupt the flow of traffic it just isn't safe. Can You Change Lawyers During a Personal Injury Lawsuit? (2) "Pass" or "passing" used in reference to a vehicle means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver. 1353), Sec. 1101 (H.B. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. (2) any damage resulting from the failure to exercise the authority granted by this section. 1791), Sec. Section 5102 and its subsequent amendments; (D) a hazardous substance as defined by Section 26.263, Water Code; or. & Rem.Code Ann. 1518, Sec. (b)If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. September 1, 2021. September 1, 2011. 165, Sec. Promptly after the filing of a petition meeting the requirements of this subsection and subject to Subsection (d), the county or municipality receiving the petition shall post the signs. Sec. (1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and. 74, 75, eff. Amended by Acts 1999, 76th Leg., ch. (f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device. (h) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 75 miles per hour on a part of the highway system if the commission determines that 75 miles per hour is a reasonable and safe speed for that part of the highway system. 9, eff. TURNING AT INTERSECTION. A person may not occupy a house trailer while it is being moved. Sec. (2) "Construction or maintenance work zone" has the meaning assigned by Section 472.022. Sec. Acts 2005, 79th Leg., Ch. (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. (6) to activate a function that plays music. 8.01. 545.418. (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. (a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person. 7. 1, eff. (2) may not move from the lane unless that movement can be made safely. Sec. . September 1, 2013. DRIVING ON DIVIDED HIGHWAY. 165, Sec. 545.152. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. (c) The owner or manager of an apartment complex may make a request to the county in which the apartment complex is located for the posting of official signs prohibiting the parking of a commercial motor vehicle in a public right-of-way adjacent to the complex after 10 p.m. and before 6 a.m. A request under this subsection must be signed and in writing. September 1, 2009. Sec. Under Texas law, drivers have a responsibility to keep an eye out for potential hazards on the road and take steps to avoid an accident when possible. Sec. 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). 910, Sec. Sept. 1, 1995. 15.003, eff. 357 (S.B. 3050), Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. (b) The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. (a) A person who on site observes a violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 may file a report of the violation if the person: (1) is an on-engine employee of a railroad; and. 1257), Sec. 1059 (H.B. 1560), Sec. 384, Sec. Sec. Posted on Aug 16, 2016. (a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and: (1) the vehicle being passed is making or about to make a left turn; and, (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or. (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. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. 1, eff. Sec. 3, eff. Now this seems like nonsense to me. 1, eff. 1759), Sec. 1, eff. (c) An operator driving over a bridge or other elevated structure that is a part of a highway may not drive at a speed of more than the maximum speed that can be maintained with safety to the bridge or structure, when signs are posted as provided by this section. 860 (H.B. Sec. September 1, 2011. Now, the brothers say they want trucking companies to take a close look at safety procedures and training. In this situation, the second driver would be responsible for the accident because he failed to avoid it. (E) an unattended manufactured home as defined by Section 1201.003, Occupations Code. 69.01(1), eff. September 1, 2015. 183), Sec. September 1, 2019. (k) This section expires when the national maximum speed limits are repealed. 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. 2981), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. 2, eff. 545.414. 547. DEFINITIONS. (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. Evasive action is necessary to keep other drivers safe on the road and avoid unnecessary harm. Welcome to the Texas Department of Transportation FTP Server (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. 449), Sec. September 1, 2021. Sept. 1, 1995. 19 (H.B. Uninsured Motorist Claims in Texas. (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) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall: (1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or, (A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. Acts 1995, 74th Leg., ch. UNATTENDED MOTOR VEHICLE. Sec. Explores risk management in medieval and early modern Europe, 661 (H.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. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. June 1, 2023. Sec. 1144 (H.B. 545.4205. OPERATOR OF AUTOMATED MOTOR VEHICLE. SPECIAL SPEED LIMITATIONS. 545.059. 265 (H.B. Committed to Public Service. 339), Sec. We answer the phones 24/7. (2) establish a speed limit of more than 75 miles per hour. April 23, 2021 / 11:24 AM / CBS Texas DALLAS (CBSDFW.COM) - A 2-year-old has died after the child was ejected from a vehicle on a highway in Dallas Wednesday evening, authorities said. (B) not later than 72 hours after the violation; (A) an office of the department located in the county in which the violation occurred; (B) the sheriff of the county in which the violation occurred, if the violation occurred in the unincorporated area of the county; or, (C) the police department of a municipality, if the violation occurred in the municipality; and. AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION SITE. June 20, 2003. (d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor. For example, say that a driver is traveling on a highway when he suddenly hits a pothole and loses control of his vehicle. texas traffic code faulty evasive action. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. (d) The commissioners court may modify a prima facie speed limit in accordance with this section only by an order entered on its records. Sec. (2) the appropriate traffic-control devices are in place. (2) may not accelerate until completely passed by the passing vehicle. (b) An operator passing another vehicle shall return to an authorized lane of travel: (1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. (C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic that may be part of a single roadway or may be separate roadways that are constructed as an upper and lower deck. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and, (3) the operator is on a roadway divided into three marked lanes for traffic; or. (c) A local authority by ordinance may permit angle parking on a roadway. (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. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. (2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered. Sept. 1, 2003. (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. Acts 2007, 80th Leg., R.S., 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. (c) An operator may not use a wireless communication device while operating a school bus or passenger bus with a minor passenger on the bus unless the bus is stopped. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or. (d) The Texas Transportation Commission, on request of the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider prima facie speed limits on highways in the state highway system that are near public or private elementary or secondary schools, open-enrollment charter schools, or institutions of higher education. (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.