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(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. 545.107. Sept. 1, 1995. (a) A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway. (C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic that may be part of a single roadway or may be separate roadways that are constructed as an upper and lower deck. MAXIMUM SPEED REQUIREMENT. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. Fail to ride in one lane when riding side by side. 545.357. (e) This section does not apply to a person: (1) operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality. texas traffic code faulty evasive action This means that you are allowed to file a case against the responsible party if . Sept. 1, 2001; Acts 2001, 77th Leg., ch. 2, eff. Sec. 545.411. Acts 2017, 85th Leg., R.S., Ch. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. 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. (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. 510), Sec. Sept. 1, 2003. 545.355. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. September 1, 2021. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (2) "Passenger vehicle" means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor. (2) "Golf cart" has the meaning assigned by Section 551.401. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 128 (H.B. 165, Sec. (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. 814, Sec. Action Date Notice; Texas Admin Code Ch. 545.059. (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. Acts 2011, 82nd Leg., R.S., Ch. 545.354. (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). (a) An operator approaching an intersection: (1) shall stop, yield, and grant immediate use of the intersection: (A) in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or, (B) if a traffic-control signal is present but does not display an indication in any of the signal heads; and. 27.001(108), eff. The term includes voice-operated technology and a push-to-talk function. June 20, 2003. 229 (H.B. (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. (b) An offense under this section is a misdemeanor punishable by: (2) confinement in county jail for not more than 30 days; 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. 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. Sept. 1, 1995. 1, eff. (2) establish a speed limit of more than 75 miles per hour. Motor Carrier Registration: Transportation Code Chapter 643. 545.423. 4, eff. 6 (S.B. (3) stop and remain standing until the authorized emergency vehicle has passed. 910, Sec. 3171), Sec. (5) the operator is required to stop by: (C) an official traffic-control device; or. (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. 545.4252. 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. (3) to stop or decrease speed, extend hand and arm downward. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. 1021 (H.B. 240 (H.B. Sec. 1, eff. 545.102. 731, Sec. (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. (c) A temporary speed limit established under this section: (1) is a prima facie prudent and reasonable speed limit enforceable in the same manner as other prima facie speed limits established under other provisions of this subchapter; and. June 14, 2001; Acts 2003, 78th Leg., ch. Sec. PRESUMPTION. (a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle. 1294), Sec. 1042, Sec. (2) another reasonable and safe speed because of wet or inclement weather. 165, Sec. 5.68(12), eff. Sec. Fatal Accidents by person type in TEXAS are ranked how? DRIVING THROUGH SAFETY ZONE. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (2) where an official sign prohibits parking. (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. June 1, 2023. DRIVING PAST VEHICLE MOVING IN OPPOSITE DIRECTION. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. 1, eff. Sec. Text of subsection effective until June 01, 2023. 1372), Sec. (2) issues a permit to the organization. RIDING IN OPEN BEDS; OFFENSE. 545.4251. 1, eff. Acts 1995, 74th Leg., ch. September 1, 2019. 30.112(a), eff. (c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a flagger warning of the approach or passage of a train or other on-track equipment shall yield the right-of-way to a train or other on-track equipment in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions. (2) in a manner similar to using a two-way radio. (5) operating the vehicle 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. 578 (H.B. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. (2) the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency. 2466), Sec. 204, Sec. September 1, 2011. 548. However, lack of evasive action is only applicable in situations where a driver could have reacted to prevent an accident but chose not to. 1280 (H.B. (b-1) Except as provided by Subsection (b-3), the governing body of a municipality, for a highway or a part of a highway in the municipality 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 25 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe. 265 (H.B. 2, eff. 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. He hit Jackson from behind, throwing the 6-foot, 195-pound man nearly . Sept. 1, 1995. 1, eff. Faulty evasive action 3% 2% 2% 2% Failed to drive in single lane 2% 1% 1% 3% 1353), Sec. (b) An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. Acts 2019, 86th Leg., R.S., Ch. Sec. 545.418. (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 designated official who intends to temporarily lower a prima facie speed limit at the site of an investigation using vehicular accident reconstruction shall, at least 48 hours before temporary speed limit signs are posted for the vehicular accident reconstruction site, provide to the Texas Department of Transportation notice that includes: (1) the date and time of the accident reconstruction; (2) the location of the accident reconstruction site; (4) the general size of the area affected by the site; and. Sec. 545.066. (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. (a) An operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless: (1) stopping, parking, or leaving the vehicle off the main traveled part of the highway is not practicable; (2) a width of highway beside the vehicle is unobstructed and open for the passage of other vehicles; and. A lane restriction may not be enforced until the appropriate traffic control devices are in place. (b) An operator drawing another vehicle and using a chain, rope, or cable to connect the vehicles shall display on the connection a white flag or cloth not less than 12 inches square. Contact us. (C) approved under Title 23, United States Code. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 550.022 Accident Involving Damage to Vehicle (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) 545.428. (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. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Sec. (c) An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. September 1, 2017. 545.410. 545.051. 3638), Sec. unsafe speeding, and faulty evasive action. & Rem.Code Ann. (3)remain at the scene of the accident until the operator complies with the requirements (2) require a course different from that specified in this section for movement by vehicles turning at an intersection. September 1, 2021. 923 (H.B. Amended by Acts 2003, 78th Leg., ch. 551A. 1097, Sec. Accident Involving Damage to Vehicle on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (5) if standing on a grade, turning the front wheels to the curb or side of the highway. (b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until permitted to proceed and it is safe to proceed. 1, eff. 128 (H.B. 1353), Sec. 545.404. Sept. 1, 2001; Acts 2001, 77th Leg., ch. The court shall set the number of hours of service under this subsection. Sept. 1, 1997. (b) Notwithstanding any other law, a licensed human operator is not required to operate a motor vehicle if an automated driving system installed on the vehicle is engaged. (1) alter the general rule established by Section 545.351(a); or. To the extent of any conflict between the ordinance and Subsection (a)(1), the ordinance controls. (2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). 545.206. Acts 2021, 87th Leg., R.S., Ch. 537), Sec. (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. 545.057. Acts 2005, 79th Leg., Ch. Sec. 1, eff. 1061, Sec. TxDOT has referenced the American National Standard (ANSI) D16.1,1996 Manual on Classification of Motor Vehicle Traffic Accidents, the 2003 Sept. 1, 1999. That prompted FAA Administrator Billy Nolen to say earlier this month that he was putting together a team of experts to review airline safety. (b) An operator of a school bus, while operating the bus, shall prohibit a passenger from: (B) in any location on the bus that is not designed as a seat. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard. PASSING TO THE RIGHT. (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. Added by Acts 2005, 79th Leg., Ch. (b) A motor vehicle in use on a highway shall be equipped with signal lamps, and the required signal shall be given by lighting the lamps, if: (1) the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle is more than two feet; or. 545.054. DRIVING ON ROADWAY LANED FOR TRAFFIC. Many factors can contribute to these accidents, from inclement road and weather conditions to negligent driving behaviors. 3282), 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. (2) there is interference with the operator's control over the driving mechanism of the vehicle. SPEED LIMIT SIGNS AFTER CONSTRUCTION OR MAINTENANCE WORK ZONE. STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENCE DISTRICT. (a) An operator approaching a railroad grade crossing shall stop not closer than 15 feet or farther than 50 feet from the nearest rail if: (1) a clearly visible railroad signal warns of the approach of a railroad train or other on-track equipment; (2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment; (3) a railroad engine or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the engine or other equipment is an immediate hazard because of its speed or proximity to the crossing; (4) an approaching railroad train or other on-track equipment is plainly visible to the operator and is in hazardous proximity to the crossing; or. (f) The commission's authority to alter speed limits applies: (1) to any part of a highway officially designated or marked by the commission as part of the state highway system; 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. (B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code. (c) A municipal governing body or commissioners court, on request of the governing body of a school or institution of higher education, may hold one public hearing for all public and private elementary and secondary schools, open-enrollment charter schools, and institutions of higher education in its jurisdiction. (5) an estimate of how long the site will be used for the accident reconstruction. (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. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and. 4, Sec. (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. 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. (i) If an order is adopted in accordance with this section, the commission and all governmental authorities responsible for the maintenance of highway speed limit signs shall take appropriate action to conceal or remove all signs that give notice of a speed limit of more than the one contained in the order and to erect appropriate signs. September 1, 2009. 30.107(b), eff. Can You Change Lawyers During a Personal Injury Lawsuit? 3026), Sec. (h) A temporary speed limit established under this section is effective until the designated official under Subsection (a) or (b): (1) finds that the vehicular accident reconstruction is complete; and. (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. (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. CROSSING FIRE HOSE. 165, Sec. COASTING. (a) The commissioners court of a county with a population of 3.3 million or more shall by ordinance provide for the licensing of or the granting of a permit to a person to remove or store a vehicle authorized by Section 545.305 to be removed in an unincorporated area of the county. 1034, Sec. (6) to activate a function that plays music. Sec. 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. 1, eff. (f) A temporary speed limit established under this section: (A) the 45th day after the date the limit becomes effective; or, (B) the date on which the district engineer determines that the maintenance activity has been completed and all equipment has been removed from the maintenance activity site; and. (b) After stopping as required by Subsection (a), an operator described by Subsection (a) shall proceed without manually shifting gears while crossing the track. Acts 1995, 74th Leg., ch. TURNING AT INTERSECTION. 2, eff. 949 (S.B. 2596), Sec. Vehicle Code (Traffic Laws) Vehicle Owner's Manual ; Velocitation ; Warning Signs ; Work Zone (or road construction) Yield ; Zero Tolerance Law ; . (i) If a designated official does not comply with the requirements of Subsection (f)(3) for a vehicular accident reconstruction on a state highway associated with the reconstruction, the Texas Department of Transportation may remove signs and concealments. of Subsection (b). (a) When an automated driving system installed on a motor vehicle is engaged: (1) the owner of the automated driving system is considered the operator of the automated motor vehicle solely for the purpose of assessing compliance with applicable traffic or motor vehicle laws, regardless of whether the person is physically present in the vehicle while the vehicle is operating; and. Acts 2019, 86th Leg., R.S., Ch. Sec. 1, eff. Sept. 1, 1997. 259 (H.B. September 1, 2011. Sept. 1, 1999. (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. September 1, 2011. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (c) The Texas Transportation Commission, on a state highway under the jurisdiction of the commission, may: (1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and. Sept. 1, 1995. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. (a) An operator who stops or parks on a two-way roadway shall do so with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway. (b) An operator is not required to stop before passing a streetcar to the right if a safety zone has been established and may proceed past the streetcar at a reasonable speed and with due caution for the safety of pedestrians. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. (2) the operator is subject to a fine if the operator uses a portable wireless communication device for electronic messaging while operating a motor vehicle in this state. Sec. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION. Sept. 1, 2001; Acts 2001, 77th Leg., ch. September 1, 2019. Texas 18+ Adult Drivers Course; Driver . Sec. 1391 (H.B. September 1, 2005. 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. Sept. 1, 1997. 165, Sec. Acts 2021, 87th Leg., R.S., Ch. On top of that, a traffic related fatality had occurred every 2 hours and 21 minutes. 1791), Sec. June 18, 1999. In the event of an accident involving an automated motor vehicle, the automated motor vehicle or any human operator of the automated motor vehicle shall comply with Chapter 550. Another driver is approaching an intersection and notices the other driver careening across the road. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. June 18, 1999; Acts 1999, 76th Leg., ch. DRIVING ON DIVIDED HIGHWAY. 545.4191. (c) An order or ordinance under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway. 14 This may include drivers failing to slow in advance for stopped or stopping traffic, and abrupt steering 2.07, eff. 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. accident resulting only in damage to a vehicle that is driven or attended by a person (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. 551.103 (c) Failure to Ride in Single Lane When Riding Two Abreast. 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. (2) "Commercial motor vehicle" has the meaning assigned by Section 545.307. (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. 165, Sec. 2, eff. Vehicle Equipment. (e) An offense under this section is punishable by a fine of not less than $50 or more than $200. 1, eff. Sept. 1, 1995. 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; 545.407. (2) on approaching a curve that obstructs the view of the highway for 200 feet, give warning with the horn of the motor vehicle.