Sept. 1, 1997. 1, eff. DRIVING ON MULTIPLE-LANE ROADWAY. 1, eff. Sec. 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 . (2) supersedes any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. Current as of April 14, 2021 | Updated by FindLaw Staff. Sec. A lane restriction may not be enforced until the appropriate traffic control devices are in place. (b-4) The local authority shall pay the costs associated with the posting of signs under Subsections (b-1) and (b-2), unless the authority enters an agreement providing otherwise. (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. 545.409. (B) does not include strategic aspects, including determining destinations or waypoints. (B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time. (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. 3, eff. Sec. Sept. 1, 1997. 545.365. September 1, 2005. 3026), Sec. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway. 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. 357 (S.B. (a) In this section: (1) "Hands-free device" has the meaning assigned by Section 545.425. Acts 2013, 83rd Leg., R.S., Ch. (d) The authority's power to alter prima facie speed limits is effective and exclusive on any part of a turnpike project constructed and maintained by the authority inside and outside the limits of a municipality, including a home-rule municipality. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 731, Sec. Faulty evasive action always occurs after perception and is the reaction of a driver or pedestrian to a hazardous situation on the highway. Acts 1995, 74th Leg., ch. Sept. 1, 1999. TURNING AT INTERSECTION. 545.364. Acts 1995, 74th Leg., ch. 3286), Sec. (d) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred. (2) "Highway" means a public roadway that: (C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic. June 1, 2023. In Texas, one of the largest states in the U.S. with a staggering population of over 29 million, The Department of Transportation reported that a substantial traffic accident had occurred every 59 seconds in the year 2017. We take on a limited number of cases to get you maximum results. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (c) In this section, "boat" and "personal watercraft" have the meanings assigned by Section 31.003, Parks and Wildlife Code. September 1, 2009. The next most cited reason was alcohol and/or drug-related with 916.. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. 1357, Sec. https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/, Read this complete Texas Transportation Code - TRANSP 550.022. 913 (H.B. (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. He hit Jackson from behind, throwing the 6-foot, 195-pound man nearly . On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS. Acts 2005, 79th Leg., Ch. 1, eff. (f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles. (b-2) A local authority that by ordinance or rule prohibits the use of a wireless communication device while operating a motor vehicle, including a prohibition that contains an exception for the use of a wireless communication device with a hands-free device, throughout the jurisdiction of the local authority is not required to post a sign as required by Subsection (b-1) and shall: (1) post signs that are located at each point at which a state highway, U.S. highway, or interstate highway enters the jurisdiction of the local authority and that state: (A) that an operator is prohibited from using a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority, and whether use of a wireless communication device with a hands-free device is allowed in the jurisdiction of the local authority; and, (B) that the operator is subject to a fine if the operator uses a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority; and. Texas Transportation Code for Speeding 545.351. AUTHORITY OF COUNTY COMMISSIONERS COURT TO ALTER SPEED LIMITS. Amended by Acts 2001, 77th Leg., ch. 545.3075. (a) An operator, unless on official business, may not follow closer than 500 feet a fire apparatus responding to a fire alarm or drive into or park the vehicle in the block where the fire apparatus has stopped to answer a fire alarm. DEFINITIONS. Acts 1995, 74th Leg., ch. All rights reserved. 161 (S.B. (c) A limitation in this section on driving on an improved shoulder does not apply to: (1) an authorized emergency vehicle responding to a call; (4) a slow-moving vehicle, as defined by Section 547.001. 1253 (H.B. June 20, 2003. (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. Fail to ride in one lane when riding side by side. 1, eff. 882 (H.B. Sec. (a) Except as provided by Subsection (b), an operator required to give a stop or turn signal shall do so by: (2) lighting signal lamps approved by the department. 547. (c) A law enforcement agency other than the department that removes an abandoned vehicle in an unincorporated area shall notify the sheriff. Sept. 1, 2003. (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. May 9, 1997; Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., 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. Sec. (g) Repealed by Acts 2003, 78th Leg., ch. lisa pera wikipedia. (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. Amended by Acts 1997, 75th Leg., ch. The officer's vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light. However, if you are cited for speeding in a school or construction zone, the penalty will be assessed at a much higher rate. Acts 2011, 82nd Leg., 1st C.S., Ch. 229 (H.B. 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. (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. The most common contributing factors to the state's fatal crashes in 2018 were speed-related, which was cited in 1,153 crashes. 19.06(a), eff. 545.401. (C) approved under Title 23, United States Code. Added by Acts 1997, 75th Leg., ch. (1) an operator of an authorized emergency or law enforcement vehicle using a portable wireless communication device while acting in an official capacity; or. 545.051. (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. Amended by Acts 1997, 75th Leg., ch. A person may not operate a motorcycle described by Section 521.001(a)(6-a)(C)(vii) on a public highway for which the posted speed limit is more than 45 miles per hour, except that the operator may cross an intersection with a public highway that has a posted speed limit of more than 45 miles per hour. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. Sept. 1, 1995. (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or. 545.415. Sec. (c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor. 165, Sec. 1, eff. (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. (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. Acts 1995, 74th Leg., ch. Sept. 1, 1995. 5.68(13), eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1995. (2) remain standing until all passengers have entered the streetcar or, on leaving, have reached a place of safety. It is a defense to prosecution under this subsection that the operator was operating the motorcycle or moped in an emergency or for a law enforcement purpose. 545.205. PERSONS. Acts 2019, 86th Leg., R.S., Ch. (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. 1, eff. (b) An operator intending to turn a vehicle right or left shall signal continuously for not less than the last 100 feet of movement of the vehicle before the turn. 545.056. 892 (H.B. OPERATION OF AUTOMATED MOTOR VEHICLES. The truck driver has about 2,000 feet of clearance to stop his vehicle, but he continues to drive toward the accident anyway. 2466), Sec. Sec. 1759), Sec. 5, eff. September 1, 2013. 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. Sept. 1, 1997. 30.113(a), eff. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE NEAR CERTAIN APARTMENT COMPLEXES. Sec. Refreshed: 2021-06-07. Amended by Acts 1997, 75th Leg., ch. REPORT AND INVESTIGATION OF CERTAIN RAILROAD CROSSING VIOLATIONS. 25, eff. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (1) alter the general rule established by Section 545.351(a); or. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely. 545.402. Amended by Acts 1997, 75th Leg., ch. 265 (H.B. VEHICLE ENTERING STOP OR YIELD INTERSECTION. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Acts 1995, 74th Leg., ch. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. This subsection does not apply to a federal-aid or state highway unless the director of the Texas Department of Transportation determines that the roadway is wide enough to permit angle parking without interfering with the free movement of traffic. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003. 641, Sec. September 1, 2009. Amended by Acts 1997, 75th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 1093), Sec. (2) erect a stop sign or other official traffic-control device at the grade crossing. (4) the operator is on a roadway restricted to one-way traffic. OPERATION OF CERTAIN MOTORCYCLES. 4, eff. 545.3531. 1, eff. 545.202. Sec. Posted on Aug 16, 2016. The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for an offense under this subchapter involving the stopping, standing, or parking of an unattended motor vehicle it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. 30.107(b), eff. & Rem.Code Ann. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. 545.156. Section 332. VEHICLE CLASSIFICATION. As unsafe conditions and unsafe acts are the primary causes of property damage and injuries, the Department is dedicated to providing safe equipment and safe conditions for employee performance. The commissioners court may not enforce the restrictions unless: (1) the department's executive director or the executive director's designee has approved the restrictions; and. 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. Distracted drivers are being targeted by a new Texas law. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. woodbridge high school stabbing; 1000 blythe blvd parking lot b VEHICLE APPROACHING OR ENTERING INTERSECTION. An order of the Texas Transportation Commission declaring a speed limit on a part of a designated or marked route of the state highway system made under Section 545.353 or 545.362 supersedes any conflicting designated speed established under Sections 545.356 and 545.358. 12.11, eff. In these situations, you need a car accident attorney on your side. (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. 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. An operator emerging from an alley, driveway, or building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid collision; and. (a) An operator of a moped or a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less may not drive at a speed of more than 35 miles per hour during the time specified by Section 547.302(a) unless the motorcycle or moped is equipped with a headlamp or lamps that reveal a person or vehicle 300 feet ahead. (a) An operator passing to the right of a streetcar stopped or about to stop to receive or discharge a passenger shall: (1) stop the vehicle at least five feet to the rear of the nearest running board or door of the streetcar; and. Acts 2007, 80th Leg., R.S., Ch. The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer. (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. 545.064. Uninsured Motorist Claims in Texas. An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire. (d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury. Faulty evasive action: 21,055; Driving under the influence of drugs: 3,148; SUBCHAPTER F. SPECIAL STOPS AND SPEED RESTRICTIONS. 165, Sec. September 1, 2007. (B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction. June 21, 2003. (a) The commissioners court of a county, for a county road or highway outside the limits of the right-of-way of an officially designated or marked highway or road of the state highway system and outside a municipality, has the same authority to increase prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission on an officially designated or marked highway of the state highway system. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. Sept. 1, 1995. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. (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. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. 204, Sec. (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. (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. (c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the person described by Subsection (b)(2) suffered serious bodily injury. Acts 1995, 74th Leg., ch. Sec. Sec. 545.053. Don't disrupt the flow of traffic it just isn't safe. 165, Sec. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. (2) if on a controlled-access highway, for a school bus that is stopped: (A) in a loading zone that is a part of or adjacent to the highway; and. (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. The Texas Department of Transportation shall adopt standards that: (1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; and. (d) This section does not apply at a railway grade crossing in a business or residence district. 9, eff. 545.105. (2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice. Added by Acts 2007, 80th Leg., R.S., Ch. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. Sec. (a) If a person violates a maximum prima facie speed limit imposed under Section 545.362, as that law existed immediately before December 8, 1995, and the person was not traveling at a speed, as alleged in the citation, if not contested by the person, or, if contested by the person, as alleged in the complaint and found by the court, that is greater than the maximum prima facie speed limit for the location that has been established under this chapter, other than under Section 545.362, information in the custody of the department concerning the violation is confidential. Sec. Acts 2009, 81st Leg., R.S., Ch. 545.2555. (d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was used to make an emergency call to: (A) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (F) an individual to administer first aid treatment; or. An offense under this subsection is a Class C misdemeanor. June 19, 2009. (c)A person commits an offense if the person does not stop or does not comply with 312, Sec. 545.353. 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. in narrative) 48-impaired visibility (exp. This subsection does not apply where a local ordinance otherwise regulates stopping or parking on the one-way roadway. 1257), Sec. (b) Except as provided by Section 545.425(c), an operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless: (c) It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to: (1) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (6) an individual to administer first aid treatment; or. 2, eff. 6, eff. Acts 2015, 84th Leg., R.S., Ch. 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. 1, eff. 882 (H.B. (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. 1325, Sec. Acts 2005, 79th Leg., Ch. Finally, weather conditions can also play a part, such as rain making the roads slick, sleet or fog. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. 3026), Sec. Another driver is approaching an intersection and notices the other driver careening across the road. 2837), Sec. 8.01. 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. (B) a vertical body or load clearance of less than one-half inch per foot of the distance between two adjacent axles or less than nine inches measured above the level surface of a roadway. 1759), Sec. 347), Sec. 545.253. 1.45, eff. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 438 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Acts 1995, 74th Leg., ch. 545.060. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. 545.4191. s Crash Report Code Sheet Texas Peace Officer 3Refer to the Numbered Lists Numbered Fields on the CR the form t Q ti O Form CR 3CS 111 2010 2 Roadway Part 3 Street Prefix IH Interstate AL Alternate 1 MainlProper Lane US SP Spur 2 ServicelFrontage US Highway SH State Highwa y CR County FM Farm to PR Park Market Road 3 Road 4 PV . Sept. 1, 1999; Acts 1999, 76th Leg., ch. 545.451. First, they encourage drivers to always be on the lookout for possible accidents but also escape routes. 545.406. Acts 1995, 74th Leg., ch. (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. Sept. 1, 1995. 11, eff. (e) Before the commission may enter an order establishing a prima facie speed limit, it must hold a public hearing preceded by the publication in at least three newspapers of general circulation in the state of a notice of the date, time, and place of the hearing and of the action proposed to be taken. 1358 (H.B. texas traffic code faulty evasive action This means that you are allowed to file a case against the responsible party if . 1034, Sec. (a) An operator passing another vehicle: (1) shall pass to the left of the other vehicle at a safe distance; and. 1, eff. (d) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation. Sept. 1, 1995. May 18, 2017. (d) Except as provided by Subsection (e), an operator may not carry another person on a motorcycle or moped unless the other person is at least five years of age. (b) An offense under this section is a misdemeanor punishable by: (2) confinement in county jail for not more than 30 days; or. Can You Change Lawyers During a Personal Injury Lawsuit? Amended by Acts 1999, 76th Leg., ch. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle. 774 (H.B. 545.452. Now this seems like nonsense to me. 545.203. June 18, 1999. (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. (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. An operator of a streetcar may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department when the hose is on a streetcar track and intended for use at a fire or alarm of fire. Following each public hearing held under this section, the governing body of a school or institution of higher education may make only one request under this subsection for an engineering and traffic investigation. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway.