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3190), Sec. 545.3531. OPENING VEHICLE DOORS. 1, eff. 4 (S.B. 1, eff. Image credit: Screenshot/ KPRC. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or. (a) An operator of a passenger car or light truck may not draw a trailer, semitrailer, house trailer, or another motor vehicle unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house trailer, or drawn motor vehicle to the drawing vehicle. (1) "Towing company" means an individual, corporation, partnership, or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee, or agent of a towing company. Sept. 1, 1995. (A) on a form approved by the department; and. The signs must: (A) at each entrance of the subdivision through which a commercial motor vehicle may enter the subdivision or within the subdivision if there is not defined entrance to the subdivision; or, (B) on a street adjacent to the subdivision; and. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT. 1391 (H.B. Sec. (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. 510), Sec. 1522), Sec. 545.360. 265 (H.B. (g) For purposes of this section, "wet or inclement weather" means a condition of the roadway that makes driving on the roadway unsafe and hazardous and that is caused by precipitation, including water, ice, and snow. 1, eff. This subsection does not apply to a funeral procession. The procedure for repealing an order is the same as for adopting an order, except that the commission and the governor must find that the facts required to support the issuance of an order under Subsection (c) no longer exist. (h) In an order issued under this section, the commission may specify the date the order takes effect, but that date may not be sooner than the eighth day after the date the order is filed with the governor. (a) A person under 18 years of age may not operate a motor vehicle while using a wireless communication device, except in case of emergency. Sept. 1, 1995. 8.01, eff. PASSING A SCHOOL BUS; OFFENSE. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. Sec. Another driver is approaching an intersection and notices the other driver careening across the road. (f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located. 3190), Sec. Sept. 1, 1995. (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. September 1, 2009. How they occur, who or what causes them, and why they occur are factors the Military Police must determine. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. (d) The Texas Department of Transportation, on a highway under the jurisdiction of that department, may place signs prohibiting or restricting the stopping, standing, or parking of a vehicle on the highway where the director of the Texas Department of Transportation determines that stopping, standing, or parking is dangerous to, or would unduly interfere with, the free movement of traffic on the highway. 30.107(e), eff. 449), Sec. CROSSING FIRE HOSE. 5.68(12), eff. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2003. 936 (H.B. (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. (a) An operator on a roadway divided into two or more clearly marked lanes for traffic: (1) shall drive as nearly as practical entirely within a single lane; and. 545.057. The officer's vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light. Uninsured Motorist Claims in Texas. (b) The limits established under this section: (1) are prima facie prudent and reasonable speed limits enforceable in the same manner as prima facie limits established under other provisions of this subchapter; and. 833, Sec. September 1, 2011. (f) The authority, in conducting the engineering and traffic investigation specified by Subsection (a), shall follow the procedure for establishing speed zones adopted by the Texas Department of Transportation. September 1, 2009. In these situations, you need a car accident attorney on your side. 30.108(a), eff. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. 8.01, eff. Sec. Added by Acts 2003, 78th Leg., ch. Faulty evasive action 3% 2% 2% 2% Failed to drive in single lane 2% 1% 1% 3% June 1, 2023. (b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: (2) preparing for a left turn at an intersection or into a private road or driveway. 545.201. 204, Sec. 1, eff. (2) If an authority determines from the results of an engineering and traffic investigation that a prima facie speed limit described in this subchapter is unreasonable or unsafe on a part of a turnpike constructed and maintained by the authority, the authority by order recorded in its minutes shall determine and declare a reasonable and safe prima facie speed limit for vehicles or classes of vehicles on the turnpike. RESTRICTED ACCESS. (B) was in possession of an open container, as defined by Section 49.031, Penal Code. | https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/. (2) deliver the notice to the individual named in the notice in person or by certified mail. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. (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. Sec. 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. (B) on a one-way street or on a roadway having traffic restricted to one direction of movement and the roadway is free from obstructions and wide enough for two or more lines of moving vehicles. (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. (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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 3838), Sec. (3) stop and remain standing until the authorized emergency vehicle has passed. 545.454. June 20, 2003. (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. (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. Sec. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. Acts 1995, 74th Leg., ch. 3026), Sec. (c) The costs of installing and maintaining a mechanically operated grade crossing safety device, gate, sign, or signal erected under this section shall be apportioned and paid on the same percentage ratio and in the same proportionate amounts by this state and all participating political subdivisions of this state as costs are apportioned and paid between the state and the United States. The operator may not shift gears while crossing the track. Contact us. 9, eff. According to the TDOT, the following were the leading causes of Texas traffic accidents in 2019: Failed to control speed: 34,244; Driver inattention: 19,536; Failed to drive in a single lane: 13,006; Acts 2011, 82nd Leg., R.S., Ch. (a) If the Texas Transportation Commission determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the commission, by order recorded in its minutes, and except as provided in Subsection (d), may determine and declare: (1) a reasonable and safe prima facie speed limit; and. Sec. A municipality, county, or designated official shall comply with the guidelines. Acts 2011, 82nd Leg., 1st C.S., Ch. September 1, 2019. Stay up-to-date with how the law affects your life. (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. UNATTENDED MOTOR VEHICLE. (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. June 18, 1997; Acts 2003, 78th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 618, Sec. (c) Without regard to the center of the roadway, an official traffic-control device may be erected directing slow-moving traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction. BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. (a) The governing body of a municipality in which a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education is located shall, on request of the governing body of a school or institution of higher education, hold a public hearing at least once each calendar year to consider prima facie speed limits on a highway in the municipality, including a highway of the state highway system, near the school or institution of higher education. 165, Sec. 510), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1346, Sec. Sec. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. (2) leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger. 2/11/2015 1.1 R. Holt 3.3.19 Edit Tips 3/26/2015 1.2 R. Holt 3.2.11.9, 3.2.11.11, Texas Department of Transportation . 545.058. Acts 2009, 81st Leg., R.S., Ch. You have to remember that Texas is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person. 545.407. 551.103 (c) Failure to Ride in Single Lane When Riding Two Abreast. (c) An operator moving around a rotary traffic island shall drive only to the right of the island. (5) if standing on a grade, turning the front wheels to the curb or side of the highway. (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. (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. Acts 1995, 74th Leg., ch. (c) A local authority by ordinance may prohibit the use of a limited-access or controlled-access roadway under the jurisdiction of the authority by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less, or nonmotorized traffic. September 1, 2011. Sec. The commission may revise the procedure to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public. 173, Sec. Distracted drivers are being targeted by a new Texas law. September 1, 2019. (B) the police department of a municipality; (C) the sheriff's office of a county; or. Acts 1995, 74th Leg., ch. (d) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and. (c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor. RESTRICTION ON USE OF HIGHWAY IN MAINTENANCE OR CONSTRUCTION WORK ZONE. 545.055. (C) in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur; (2) the person operating or towing the vehicle did not know that another person occupied the trailer or semitrailer; or. (2) supersede any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. Added by Acts 1997, 75th Leg., ch. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. The term includes voice-operated technology and a push-to-talk function. Acts 2019, 86th Leg., R.S., Ch. 15, eff. 1044 (H.B. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. (2) subject to all applicable United States Department of Transportation Federal Highway Administration rules, post a message that complies with Subdivision (1) on any dynamic message sign operated by the local authority located on a state highway, U.S. highway, or interstate highway in the jurisdiction of the local authority. (2) any other equipment or structure with: (A) a normal operating speed of 10 miles per hour or less; or. (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. (6) a vehicle operated by or pursuant to a contract with a toll project entity, as defined by Section 372.001, using visual signals that comply with the standards and specifications adopted under Section 547.105. 51.014(a)(5), (8) (West 2008); City of Houston v. . 1, eff. (b) A person commits an offense if the person with criminal negligence: (1) operates a motor vehicle within the area of a crosswalk; and. June 15, 2001; Acts 2003, 78th Leg., ch. (b-1) A person under 17 years of age who holds a restricted motorcycle license, during the 12-month period following the issuance of an original motorcycle license to the person, may not operate a motorcycle after midnight and before 5 a.m. unless: (1) the person is in sight of the person's parent or guardian; or. (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. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. 545.105. (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. 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. 545.054. September 1, 2015. (c) Personal property may be removed under this section without the consent of the owner or carrier of the property. Sept. 1, 1997. Can I Get a Concussion Without Hitting My Head? benefit of his course of action when he violates a traffic law during moving surveillance requires merely the . Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 545.151. (2) with more than one passenger in the vehicle under 21 years of age who is not a family member. 2257), Sec. (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. CROSSING FIRE HOSE. Effect of Evasive Action Taking evasive action means you did something to try to avoid the accident. (b) An offense under this section is a misdemeanor punishable by: (2) confinement in county jail for not more than 30 days; or. (g) A temporary speed limit established under this section is effective when a designated official places temporary speed limit signs and conceals other signs that would permit a person to operate a motor vehicle at a higher rate of speed as required under Subsection (f). (b) The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. (a) The Texas Transportation Commission by resolution or order recorded in its minutes may prohibit the use of a limited-access or controlled-access highway under the jurisdiction of the commission by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less, or nonmotorized traffic. (b-1) Except as provided by Subsection (b-2), a local authority that enforces this section in a school crossing zone in the local authority's jurisdiction shall post a sign, or approve the posting of a sign by a school or school district, that complies with the standards described by this subsection at each entrance to the school crossing zone. (d) After a district engineer temporarily lowers a speed limit under this section, the Texas Department of Transportation shall: (1) place and maintain at the maintenance activity 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 or part of a highway affected by the maintenance activity that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. in narrative) 47-ill (exp. DRIVING ON ROADWAY LANED FOR TRAFFIC. Action Date Notice; Texas Admin Code Ch. Sept. 1, 1995. Acts 1995, 74th Leg., ch. 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. 1, eff. (b) It is a defense to prosecution under this section that the person was: (1) operating the motor vehicle in a parade or in an emergency; or. 165, Sec. (5) "Owner" has the meaning assigned by Section 502.001. 545.0651. (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. 68, eff. 316, Sec. (b) This section does not apply to an operator of: (1) a vehicle that is disabled while on the paved or main traveled part of a highway if it is impossible to avoid stopping and temporarily leaving the vehicle on the highway; (2) a vehicle used exclusively to transport solid, semisolid, or liquid waste operated at the time in connection with the removal or transportation of solid, semisolid, or liquid waste from a location adjacent to the highway; or.