Sec. 782 (S.B. in narrative) 49-improper start from parked position 50-load not secured 51-opened door into traffic lane 52-oversize vehicle or load 545.3535. 128 (H.B. (B) 50 miles per hour if the vehicle is a school bus that: (i) has not passed a commercial motor vehicle inspection under Section 548.201; or. 62), Sec. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. (3) may not proceed until it is safe to do so. September 1, 2019. 545.422. 545.063. MAXIMUM SPEED REQUIREMENT. 1066 (H.B. September 1, 2013. (f) The department's executive director or the executive director's designee may suspend or rescind approval of any restrictions approved under Subsection (d) for one or more of the following reasons: (3) a geometric change in roadway configuration; (4) construction or maintenance activity; or. (b) A district engineer may temporarily lower a prima facie speed limit under this section without the approval of or permission from the Texas Transportation Commission. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. 892 (H.B. 1042, Sec. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. (3) a state jail felony if the person has been previously convicted under Subdivision (2). (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. 1, eff. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle. (E) an unattended manufactured home as defined by Section 1201.003, Occupations Code. 2, eff. A collection of Texas statutes, administrative rules, and proposed rules relating to the regulation of Motorcycle and ATV Operator Safety in Texas . (b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone. 15, eff. PERSONS AND GOVERNMENTAL AUTHORITIES 541.001. 545.419. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property. 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 . Sept. 1, 2001; Acts 2003, 78th 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. Other examples of behavior that might rise to the level of reckless driving include: Speeding Running stop signs or red lights Failing to yield the right of way Driving while intoxicated Racing with other vehicles 350, Sec. 165, Sec. Amended by Acts 1999, 76th Leg., ch. Sec. 545.415. 1, eff. OPERATION AND MOVEMENT OF VEHICLES. In this chapter: (1) "On-track equipment" means any car, rolling stock, equipment, or other device that, alone or coupled to another device, is operated on a railroad track. (9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. Sec. This subsection does not prohibit a driver from crossing pavement striping, or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway. Unless the order by its own terms expires earlier, it remains in effect until a subsequent order adopted by the procedure prescribed by this section amends or repeals it, except that an order adopted under this section expires when this section expires. (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. 1, eff. (d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate state or local governmental official. (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. (g) The department shall erect and maintain official traffic control devices necessary to implement and enforce an order adopted or an ordinance adopted and approved under this section. (3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the temporary speed limit expires under Subsection (f). 165, Sec. (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. 183), Sec. (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 signal, the operator of a streetcar shall immediately stop the streetcar clear of any intersection and remain there until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. Texas Traffic Laws - Find Laws, Legal Information, and Attorneys - FindLaw Civ. 669, Sec. 1.21, eff. 18, eff. (2) operating the motor vehicle on a beach. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). CROSSING SIDEWALK OR HIKE AND BIKE TRAIL. 2981), Sec. 339), Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. (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. 923 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 803, Sec. (b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt. Sept. 1, 1995. (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. DOCX The Objective, Mission and Program of Driver Licensing (c) Subsection (b) does not apply when passing to the right is permitted. A person may not move a vehicle that is not lawfully under the person's control: (1) into an area where a vehicle is prohibited under Section 545.302; or. 438 (H.B. Texas Transportation Code Subtitle C - Rules of the Road 4, eff. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state. 9, eff. OPERATION OF CERTAIN MOTORCYCLES. (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. Copyright 2023, Thomson Reuters. June 19, 2009. (g) If the governor's proclamation states that the facts necessary to support the issuance of the commission's order exist, the order takes effect according to Subsection (h). RESTRICTION ON USE OF HIGHWAY IN MAINTENANCE OR CONSTRUCTION WORK ZONE. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. June 21, 2003. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. 5.68(12), eff. Acts 2021, 87th Leg., R.S., Ch. 1, eff. AUTOMATED MOTOR VEHICLE OPERATION. Action Date Notice; Texas Admin Code Ch. 5, eff. 19 (H.B. Sec. All rights reserved. (b) The department shall adopt rules prescribing the type of safety chains required to be used according to the weight of the trailer, semitrailer, house trailer, or motor vehicle being drawn. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200. 62), Sec. Amended by Acts 2003, 78th Leg., ch. 3483), Sec. An owner as defined by Section 502.001(31) may identify the vehicle to the department as an automated motor vehicle or an automated driving system. (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. Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. (5) to a railroad track used exclusively for industrial switching purposes in a business district. 2.07, eff. 545.305. September 1, 2021. (3) "School bus" includes a multifunction school activity bus. As a factor which may have contributed, the report listed unsafe lane change by Ngo. 545.205. (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. Acts 2015, 84th Leg., R.S., Ch. (2) "Traffic control channelizing device" means equipment used to warn and alert drivers of conditions created by work activities in or near the traveled way, to protect workers in a temporary traffic control zone, and to guide drivers and pedestrians safely. For example, say that a driver is traveling on a highway when he suddenly hits a pothole and loses control of his vehicle. 1257 (H.B. (a) An operator moving on a downgrade may not coast with the gears or transmission of the vehicle in neutral. 1044 (H.B. 1759), Sec. 7, eff. 11, eff. September 1, 2019. (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. 1357, Sec. 545.307. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) In this section: (1) "Department" means the Texas Department of Transportation. Sec. September 1, 2019. Acts 1995, 74th Leg., ch. This is called comparative fault. 2466), Sec. (2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. 663 (H.B. 2005 Texas Transportation Code CHAPTER 541. DEFINITIONS - Justia Law (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. 1, eff. Sec. (b) The commissioners court shall set the fee for the license or permit in an amount that reasonably offsets the costs of enforcing the ordinance. 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. This subsection does not apply where a local ordinance otherwise regulates stopping or parking on the one-way roadway. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1438, Sec. 2, eff. Sec. (e) An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) or (c): (1) shall stop, yield, and grant immediate use of the intersection to another vehicle that has entered the intersection from the other street or roadway or is approaching the intersection on the other street or roadway in a proximity that is a hazard; and. Added by Acts 2021, 87th Leg., R.S., Ch. 545.353. (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. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. 545.410. 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. Acts 2009, 81st Leg., R.S., Ch. 545.201. 545.404. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then. 1759), Sec. 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. Sec. (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. . AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION SITE. 846, Sec. (c) A prima facie speed limit that is altered by the governing body of a municipality under Subsection (b), (b-1), or (b-3) is effective when the governing body erects signs giving notice of the new limit and at all times or at other times as determined. (1) before the seventh day after the date a report under this section is filed, initiate an investigation of the alleged violation; and. June 18, 1997; Acts 2003, 78th Leg., ch. For example, if you are driving through a parking lot and a pedestrian suddenly runs out in front of you, you have a responsibility to stop as quickly as possibleeven if the pedestrians actions are technically negligent. Acts 2013, 83rd Leg., R.S., Ch. (e) The commission, in conducting the engineering and traffic investigation specified by Subsection (a), shall follow the "Procedure for Establishing Speed Zones" as adopted by the commission. 545.061. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sec. The next most cited reason was alcohol and/or drug-related with 916.. 547. TOWING SAFETY CHAINS. 4 (S.B. SIGNALING STOPS. 618, Sec. (b-3) The governing body of a municipality with a population of 2,000 or less, for a highway or a part of a highway in the municipality that is a one-lane highway used for two-way access and that is not an officially designated or marked highway or road of the state highway system, may declare a lower speed limit of not less than 10 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe. 1786), Sec. What are Factors and Conditions in Texas Crash Reports SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. (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. 944 (S.B. Failure to take evasive action is a breach of a drivers duty to uphold Texas traffic laws and drive safely. Sec. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. 165, Sec. 347), Sec. 545.362. (c)A person commits an offense if the person does not stop or does not comply with (g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Department of Licensing and Regulation, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Department of Licensing and Regulation under Chapter 1001, Education Code, that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes: (1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and.