1357, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (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. Code. Added by Acts 2021, 87th Leg., R.S., Ch. (2) any other equipment or structure with: (A) a normal operating speed of 10 miles per hour or less; or. (2) the requirements of this section and the penalty for noncompliance. 9, eff. 165, Sec. (1) alter the general rule established by Section 545.351(a); or. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. Sec. (3) stop and remain standing until the authorized emergency vehicle has passed. Otherwise, the order has no effect. CROSSING FIRE HOSE. unsafe speeding, and faulty evasive action. (e) A sign posted under Subsection (d) must: (1) be posted in the public right-of-way: (A) not more than 10 feet from the property line of the apartment complex; and, (A) a statement, in letters at least two inches in height, that parking of a commercial motor vehicle is prohibited from 10 p.m. to 6 a.m. in the public right-of-way or portion of the public right-of-way; and. Tex. Sec. (c) Subsection (b) does not apply when passing to the right is permitted. September 1, 2013. Added by Acts 2007, 80th Leg., R.S., Ch. (b) An operator who stops or parks on a one-way roadway shall stop or park the vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within 18 inches of the right-hand curb or edge of the roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway. 1, eff. 545.103. 1759), Sec. Acts 2009, 81st Leg., R.S., Ch. (b) An operator may not drive on or cross a streetcar track in an intersection in front of a streetcar crossing the intersection. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. (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. Acts 1995, 74th Leg., ch. (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. Sept. 1, 1997. Sept. 1, 1995. 545.151. Acts 2013, 83rd Leg., R.S., Ch. road, the nearest suitable cross street, or other suitable location to complete the (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. 2596), Sec. 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. 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. 923 (H.B. (c) Subsections (a) and (b) do not apply: (1) if a police officer, crossing flagger, or traffic-control signal directs traffic to proceed; (2) where a railroad flashing signal is installed and does not indicate an approaching train or other on-track equipment; (3) to an abandoned or exempted grade crossing that is clearly marked by or with the consent of the state, if the markings can be read from the operator's location; (4) at a streetcar crossing in a business or residential district of a municipality; or. Police for Reporting Crashes, also known as the CR-100 manual, in accordance with the Texas Transportation Code and Administrative Rule(s). Acts 2013, 83rd Leg., R.S., Ch. 3, eff. (e-1) Subsection (c) does not apply to an operator of a school bus or passenger bus using a wireless communication device: (1) in the performance of the operator's duties as a bus driver; and. (a) Except as provided by Subsection (c), the operator of a school bus, before crossing a track at a railroad grade crossing: (1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the track; (b) After stopping as required by Subsection (a), the operator may proceed in a gear that permits the vehicle to complete the crossing without a change of gears. 378), Sec. (d) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and. (c) 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. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. STATE AND LOCAL REGULATION OF LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAYS. 3, eff. A peace officer shall require the vehicle to be taken to the nearest licensed vehicle storage facility unless the vehicle is seized as evidence, in which case the vehicle may be taken to a storage facility as designated by the peace officer involved. (b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: (2) preparing for a left turn at an intersection or into a private road or driveway. (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. OPERATION OF SCHOOL BUS. As a factor contributing to the accident, the police report listed faulty evasive action by Griffin. 545.451. 1419, Sec. 1372), Sec. 545.410. 15, eff. Section 332. September 1, 2005. When you drive below the speed limit and slower than the traffic around you, you force other drivers to either slow down or pass you, and the more often cars pass each other, the more likely they are to collide. Added by Acts 1997, 75th Leg., ch. For example, say that a driver fails to notice a patch of black ice on the road. 183), Sec. Acts 2021, 87th Leg., R.S., Ch. Sec. September 1, 2005. (3) to stop or decrease speed, extend hand and arm downward. 1353), Sec. (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by: (b) A political subdivision of this state or a state agency may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then. 30.107(c), eff. A lane restriction may not be enforced until the appropriate traffic control devices are in place. Sec. 3638), Sec. In this situation, the second driver would be responsible for the accident because he failed to avoid it. Amended by Acts 1997, 75th Leg., ch. September 1, 2019. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 165, Sec. 3190), Sec. 545.355. September 1, 2013. 204, Sec. September 1, 2011. 545.426. 1055), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) In this section: (A) a metropolitan rapid transit authority operating under Chapter 451; or. June 17, 2011. PASSING TO THE LEFT: SAFE DISTANCE. REGULATION OF TOWING COMPANIES IN CERTAIN COUNTIES. (c) A motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method. (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. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . Explores risk management in medieval and early modern Europe, (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. (b) The limits established under this section: (1) are prima facie prudent and reasonable speed limits enforceable in the same manner as prima facie limits established under other provisions of this subchapter; and. (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. (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. 183), Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. September 1, 2011. Texas Transportation Code for Speeding 545.351. 204, Sec. 944 (S.B. 3026), Sec. 1, eff. 545.061. Sec. DRIVING ON DIVIDED HIGHWAY. 6 (S.B. (2) state, in letters at least two inches in height, that overnight parking of a commercial motor vehicle is prohibited in the subdivision or on a street adjacent to the subdivision. Acts 2015, 84th Leg., R.S., Ch. 545.352. (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. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. 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. Many factors can contribute to these accidents, from inclement road and weather conditions to negligent driving behaviors. 1, eff. (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. DRIVING ON RIGHT SIDE OF ROADWAY. 18, eff. 545.414. (B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction. (c) The Texas Transportation Commission shall post signs along the approach to a ferry operated by the commission notifying operators that passing is prohibited if there is a standing line of vehicles awaiting access to the ferry. Acts 2011, 82nd Leg., R.S., Ch. 30.108(a), eff. (b) A person commits an offense if the person with criminal negligence: (1) operates a motor vehicle within the area of a crosswalk; and. (a) The Texas Department of Transportation or a local authority, with respect to a highway in its jurisdiction, may: (1) designate a railroad grade crossing as particularly dangerous; and. Added by Acts 2021, 87th 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. 892 (H.B. (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. (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. DRIVING PAST VEHICLE MOVING IN OPPOSITE DIRECTION. 183), Sec. 1061, Sec. 6 (S.B. Vehicle Code (Traffic Laws) Vehicle Owner's Manual ; Velocitation ; Warning Signs ; Work Zone (or road construction) Yield ; Zero Tolerance Law ; . (a) The drawbar or other connection between a vehicle drawing another vehicle and the drawn vehicle: (1) must be strong enough to pull all weight drawn; and. Acts 2005, 79th Leg., Ch. Sec. Instead of stopping his vehicle and avoiding the accident, the second driver continues to drive through the intersection because he believes that he has the right of way. 4, eff. 10, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. 545.3531. (c) An operator driving over a bridge or other elevated structure that is a part of a highway may not drive at a speed of more than the maximum speed that can be maintained with safety to the bridge or structure, when signs are posted as provided by this section. 2, eff. (d) Except as provided by Subsection (h-1), the commission may not: (1) modify the rules established by Section 545.351(b); (2) establish a speed limit of more than 75 miles per hour; or. (repealed by RA 10883) . (a) A peace officer listed under Article 2.12, Code of Criminal Procedure, or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle: (1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (4) is identified as having been stolen in a warrant issued on the filing of a complaint; (5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: (A) incapacitated and unable to provide for the vehicle's removal or custody; or. (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. STREETCAR APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. (4) "Executive director" means the executive director of the department. 3676), Sec. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. 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. 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. 165, Sec. The authority granted under this subsection does not include a road or highway in the state highway system. Sept. 1, 1995. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 87 (S.B. (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. (2) may not move from the lane unless that movement can be made safely. 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. 545.407. (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. (c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose. Amended by Acts 2001, 77th Leg., ch. 2, eff. 1, eff. (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. DEFINITIONS. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and, (3) the operator is on a roadway divided into three marked lanes for traffic; or. (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. 974 (H.B. (2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located. (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. 1, eff. Transp. Acts 2021, 87th Leg., R.S., Ch. How they occur, who or what causes them, and why they occur are factors the Military Police must determine. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE. Acts 2019, 86th Leg., R.S., Ch. Sec. 25, eff. 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. (d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface. Sec. 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. Added by Acts 2001, 77th Leg., ch. Car Accident Theory of Negligence: Failure to Take Evasive Action Under Texas law, when you sue someone who caused you to sustain injuries in a car accident, you must articulate a theory of liability. 814, Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. what is the oldest baseball bat company? If your damages total $4,000, for example, you would be entitled to collect no more than $2,000. Acts 2011, 82nd Leg., 1st C.S., Ch. AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION SITE. (b) An operator when lawfully passing to the left of a streetcar that has stopped to receive or discharge a passenger: (2) may proceed only on exercising due caution for pedestrians; and. (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. Acts 1995, 74th Leg., ch. An act preventing and penalizing carnapping. 4, eff. Operation of Bicycles and Mopeds, Golf Carts, and Other Low-powered Vehicles. 545.107. (a) In this section: (A) a commercial motor vehicle, as defined by Section 522.003, and includes a vehicle meeting that definition regardless of whether the vehicle is used for a commercial purpose; or. Investigators said Hernandez "performed a faulty evasive action" by driving onto the sidewalk to avoid colliding with a car. 1, eff. 1, eff. 545.0651. (d) A county or municipality receiving a petition under Subsection (c) may condition the posting of the signs on payment by the residents of the residential subdivision of the cost of providing the signs. (c) An operator is not required to stop at: (1) an abandoned railroad grade crossing that is marked with a sign reading "tracks out of service"; or, (2) an industrial or spur line railroad grade crossing that is marked with a sign reading "exempt.". Sec. 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. 545.152. 449), Sec. 9, eff. Sept. 1, 1995. (b) An automated motor vehicle may not operate on a highway in this state with the automated driving system engaged unless the vehicle is: (1) capable of operating in compliance with applicable traffic and motor vehicle laws of this state, subject to this subchapter; (2) equipped with a recording device, as defined by Section 547.615(a), installed by the manufacturer of the automated motor vehicle or automated driving system; (3) equipped with an automated driving system in compliance with applicable federal law and federal motor vehicle safety standards; (4) registered and titled in accordance with the laws of this state; and. (3) "Motor-assisted scooter" has the meaning assigned by Section 551.351. September 1, 2017. Sec. 27.001(108), eff. (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. 204, Sec. accident resulting only in damage to a vehicle that is driven or attended by a person (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. 11, eff. (3) an authorized vehicle operated by a blood or tissue bank. DRAWBARS AND TRAILER HITCHES; SADDLE-MOUNT TOWING. 165, Sec. (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. 1, eff. Acts 1995, 74th Leg., ch. 1, eff. 1253 (H.B. Acts 1995, 74th Leg., ch. Sec. June 18, 1997; Acts 2003, 78th Leg., ch. September 1, 2013. 545.205. June 14, 2001; Acts 2003, 78th Leg., ch. May 28, 1997. Posted on Aug 16, 2016. (b) This section applies only to the unincorporated area of a county with a population of more than 3.3 million. 265 (H.B. Sept. 1, 1997. (a) The regulation of the speed of a vehicle under this subchapter does not apply to: (3) a physician or ambulance responding to an emergency call. (b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the commission for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. Sept. 1, 1997. September 1, 2005. (e) In this section, "household" has the meaning assigned by Section 71.005, Family Code. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely. (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. 545.4251. requirements of Section 550.023 and minimize interference with freeway traffic. 545.054. (f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles. (c) The commissioners court may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 70 miles per hour. 4, Sec. RA 4136 - the Land Transportation and Traffic Code. 1217 (S.B. We will always provide free access to the current law. September 1, 2019. Air North Texas Coalition; Air Quality Technical Committee;
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