(i) A peace officer who stops a motor vehicle for an alleged violation of this section may not take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless authorized by the Code of Criminal Procedure, the Penal Code, or other law. 3171), Sec. (a) A district engineer of the Texas Department of Transportation may temporarily lower a prima facie speed limit for a highway or part of a highway in a district if the district engineer determines that the prima facie speed limit for the highway or part of highway is unreasonable or unsafe because of highway maintenance activities at the site. RIDING ON MOTORCYCLE OR MOPED. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Police for Reporting Crashes, also known as the CR-100 manual, in accordance with the Texas Transportation Code and Administrative Rule(s). Sec. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY. 165, Sec. 545.303. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. September 1, 2019. Air North Texas Coalition; Air Quality Technical Committee; 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. (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (b) A county commissioners court by order may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower prima facie speed limits for a county road or highway outside the boundaries of a municipality at the site of an investigation using vehicular accident reconstruction. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. Accident Involving Damage to Vehicle on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. 537), Sec. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. (b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. TURNING ON CURVE OR CREST OF GRADE. Sept. 1, 2001; Acts 2001, 77th Leg., ch. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. 2, eff. 1020, Sec. (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). (b) An officer acting under Subsection (a) may require that the vehicle be taken to: (1) the nearest garage or other place of safety; (2) a garage designated or maintained by the governmental agency that employs the officer; or. Sept. 1, 2001. 1325, Sec. Section 5102 and its subsequent amendments; (D) a hazardous substance as defined by Section 26.263, Water Code; or. 1, eff. (a) An operator may not drive on or cross a railroad grade crossing unless the vehicle being operated has sufficient undercarriage clearance. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING. (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. 128 (H.B. (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. Amended by Acts 1997, 75th Leg., ch. We will always provide free access to the current law. September 1, 2013. Faulty Evasive Action. 3, eff. (d) The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property. 545.052. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. The truck then collides with the passenger car, severely injuring the motor vehicle driver. September 1, 2021. (i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. 128 (H.B. (i) 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 Subsection (b) 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: (i) Repealed by Acts 2021, 87th Leg., R.S., Ch. VEHICLE CLASSIFICATION. 4, eff. (2) require a course different from that specified in this section for movement by vehicles turning at an intersection. CONFLICTING DESIGNATED SPEED LIMITS. (2) in a manner similar to using a two-way radio. Added by Acts 1997, 75th Leg., ch. Sec. Evasive action is necessary to keep other drivers safe on the road and avoid unnecessary harm. 8.01. 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. 1251, Sec. 882 (H.B. Sec. Acts 2011, 82nd Leg., R.S., Ch. 62), Sec. 2, eff. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state. Can I Get a Concussion Without Hitting My Head? This is called comparative fault. Sec. September 1, 2021. 3, eff. June 20, 2003. Sept. 1, 1995. Acts 1995, 74th Leg., ch. RA 4136 - the Land Transportation and Traffic Code. 545.0653. accident resulting only in damage to a vehicle that is driven or attended by a person (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. (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. 3, eff. (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. Sept. 1, 1995. (f) Except as provided by Subsection (b-2), 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. (2) away from a curb a distance that is unlawful under Section 545.303. 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. 913 (H.B. Acts 2021, 87th Leg., R.S., Ch. (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. 6, eff. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Sec. 545.428. 1, eff. When a vehicle is following too close to take proper evasive action, the results can be deadly: tailgating contributed to 12 fatal crashes in 2015. Sept. 1, 1995. 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. 1, eff. 165, Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1, eff. (2) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system under Section 545.412(a). Sec. 545.409. 545.365. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. Acts 1995, 74th Leg., ch. Sec. Acts 2019, 86th Leg., R.S., Ch. (c) To move a vehicle or equipment on or across a track at a railroad grade crossing, the operator: (1) shall stop the vehicle or equipment not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (3) may not proceed until it is safe to cross the track. (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. TOWING SAFETY CHAINS. 545.308. Sept. 1, 2003. (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). June 1, 2023. 1, eff. (e) A temporary speed limit established under this section is effective when the Texas Department of Transportation, as required under Subsection (d), 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. (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. (3) the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation. (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. 3871), Sec. (d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway. (2) remain standing until all passengers have entered the streetcar or, on leaving, have reached a place of safety. (b) If a county road outside the state highway system is located within 500 feet of a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education that is not in a municipality, the commissioners court of the county, 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 the prima facie speed limit on the road near the school or institution of higher education. Amended by Acts 1999, 76th Leg., ch. September 1, 2013. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Sept. 1, 1995. Added by Acts 2003, 78th Leg., ch. 30.109, eff. The officer giving the signal must be in uniform and prominently display the officer's badge of office. 545.421. 641, Sec. September 1, 2011. (a) An operator on a streetcar track in front of a streetcar shall move the operator's vehicle off the track as soon as possible after a signal from the operator of the streetcar. (2) both inside and outside the limits of a municipality, including a home-rule municipality, for a limited-access or controlled-access highway. (a) In this section: (1) "Apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company. That prompted FAA Administrator Billy Nolen to say earlier this month that he was putting together a team of experts to review airline safety. (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. (a) An operator moving on a downgrade may not coast with the gears or transmission of the vehicle in neutral. Amended by Acts 2003, 78th Leg., ch. 5.68(12), eff. 1353), Sec. 1899), Sec. 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. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS. (d) An operator of a vehicle equipped with a connected braking system that is following another vehicle equipped with that system may be assisted by the system to maintain an assured clear distance or sufficient space as required by this section. 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. Acts 2013, 83rd Leg., R.S., Ch. (c) An operator may not light the signals on only one side of the vehicle on a parked or disabled vehicle or use the signals as a courtesy or "do pass" signal to the operator of another vehicle approaching from the rear. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. 8.01, eff. (b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless: (2) the wireless communication device is used with a hands-free device. 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. A commanding officer may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. 535, Sec. Acts 1995, 74th Leg., ch. 1, eff. (c) A prima facie speed limit that is declared by the authority in accordance with this section is effective when the authority erects signs giving notice of the new limit. 1560), Sec. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. Amended by Acts 1997, 75th Leg., ch. (f) An operator who is required by this section to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not to have yielded the right-of-way. (2) "Light truck" means a truck with a manufacturer's rated carrying capacity of not more than 2,000 pounds, including a pick-up truck, panel delivery truck, and carry-all truck. 1759), Sec. 32.16% of traffic fatalities were classified as single vehicle, run-off-the-road crashes; and 15,843 people sustained serious personal injuries. September 1, 2009. 545.353. An offense under this subsection is: (1)a Class C misdemeanor, if the damage to all vehicles is less than $200; or. (c) An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the paved street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. September 1, 2017. September 1, 2021. (g) Repealed by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997. 265 (H.B. PASSING TO THE LEFT: SAFE DISTANCE. (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. This subsection does not apply to a funeral procession. (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. (b) The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. Operation of Bicycles and Mopeds, Golf Carts, and Other Low-powered Vehicles. 2596), Sec. The chairman of the Texas Transportation Commission and the chairman of the State Board of Education shall provide assistance and information relevant to consideration of speed limits to commissioners courts, municipal governing bodies, and other interested persons. (a) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022. 1253 (H.B. lisa pera wikipedia. 545.254. (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. Acts 2021, 87th Leg., R.S., Ch. 1353), Sec. We answer the phones 24/7. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. (c) The speed limits for a bus or other vehicle engaged in the business of transporting passengers for compensation or hire, for a commercial vehicle used as a highway post office vehicle for highway post office service in the transportation of United States mail, for a light truck, and for a school activity bus are the same as required for a passenger car at the same time and location. May 9, 1997; Acts 1997, 75th Leg., ch. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. TURNING AT INTERSECTION. 165, Sec. 3, eff. 30.112(a), eff. Sec. (2) the automated driving system is considered to be licensed to operate the vehicle. Acts 2017, 85th Leg., R.S., Ch. June 20, 2003. (k) This section expires when the national maximum speed limits are repealed. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 449), Sec. This subsection does not apply where a local ordinance otherwise regulates stopping or parking on the one-way roadway. INTERFERENCE WITH PEACE OFFICER INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; CRIMINAL OFFENSE. An operator may not turn the vehicle to move in the opposite direction when approaching a curve or the crest of a grade if the vehicle is not visible to the operator of another vehicle approaching from either direction within 500 feet. 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. If your damages total $4,000, for example, you would be entitled to collect no more than $2,000. 5, eff. (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. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. 165, Sec. We have jurisdiction over this interlocutory appeal pursuant to sections 51.014(a)(5) and (8) of the Texas Civil Practice and Remedies Code. (c) The commission by rule shall establish standards for determining lower speed limits within a set range. 424 (S.B. 545.064. Sec. Sec. Sept. 1, 2003. Another driver is approaching an intersection and notices the other driver careening across the road. 545.202. 545.256. Added by Acts 2021, 87th Leg., R.S., Ch. (2) may not move from the lane unless that movement can be made safely. (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. (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. Sec. MAXIMUM SPEED REQUIREMENT. Renumbered from Transportation Code, Section 545.426 by Acts 2009, 81st Leg., R.S., Ch. 545.2555. 1353), Sec. Sec. 1, eff. 7, eff. If the lanes to be restricted by the commission are located within a municipality, the commission shall consult with the municipality before adopting an order under this section. 255 (S.B. 545.355. MOVING A PARKED VEHICLE. 1831), Sec. 265 (H.B. Vehicle Equipment. 1560), Sec. (3) increase the speed limit for a vehicle described by Section 545.352(b)(4). 545.402. (e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may: (1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and. 1391 (H.B. (c) An offense under this section is a Class B misdemeanor. 1021 (H.B. 1042, Sec. (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.
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