(1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or. Faulty Evasive Action. 1, eff. (B) a regional transportation authority operating under Chapter 452. (a) Subject to Subsection (c), the Texas Transportation Commission may enter an order establishing prima facie speed limits of not more than 75 miles per hour applicable to all highways, including a turnpike under the authority of the Texas Turnpike Authority or a highway under the control of a municipality or county. Sec. 61), Sec. 8.01. Sept. 1, 1997. (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. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality. 910, Sec. 1146 (H.B. 545.4205. (2) "Wireless communication device" has the meaning assigned by Section 545.425. Sec. 165, Sec. (c) The commission by rule shall establish standards for determining lower speed limits within a set range. what is the oldest baseball bat company? 265 (H.B. 1257 (H.B. PERSONS. 1, eff. 1759), Sec. (2) operating the motor vehicle on a beach. Sec. 1759), Sec. 128 (H.B. Amended by Acts 1997, 75th Leg., ch. 949 (S.B. (a) An operator may not drive on or cross a railroad grade crossing unless the vehicle being operated has sufficient undercarriage clearance. (b) Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful: (1) 30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley; (2) except as provided by Subdivision (4), 70 miles per hour on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road; (3) except as provided by Subdivision (4), 60 miles per hour on a highway that is outside an urban district and not a highway numbered by this state or the United States; (A) 60 miles per hour if the vehicle is a school bus that has passed a commercial motor vehicle inspection under Section 548.201 and is on a highway numbered by the United States or this state, including a farm-to-market road; or. Acts 2015, 84th Leg., R.S., Ch. It's best to do this all the time with well-developed scanning habits. (d) The governing body of a municipality that declares a lower speed limit on a highway or part of a highway under Subsection (b-1) or (b-3), not later than February 1 of each year, shall publish on its Internet website and submit to the department a report that compares for each of the two previous calendar years: (1) the number of traffic citations issued by peace officers of the municipality and the alleged speed of the vehicles, for speed limit violations on the highway or part of the highway; (2) the number of warning citations issued by peace officers of the municipality on the highway or part of the highway; and. (c) A vehicle is not required to stop at the crossing if a police officer or a traffic-control signal directs traffic to proceed. 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. (2) post and maintain signs before each end of the structure stating the maximum speed. 782 (S.B. BACKING A VEHICLE. 3871), Sec. (5) an estimate of how long the site will be used for the accident reconstruction. (b) For purposes of this section, a person: (1) has notice if a sign stating the prohibited activity and penalty is posted on the premises; or. (ii) is traveling on a highway not numbered by the United States or this state; (6) on a county road adjacent to a public beach, 15 miles per hour, if declared by the commissioners court of the county. 545.303. 545.358. 98 . September 1, 2013. Sec. Acts 2019, 86th Leg., R.S., Ch. 545.057. 545.301. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (b) An operator passing another vehicle shall return to an authorized lane of travel: (1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. of a freeway in a metropolitan area and each vehicle involved can be normally and (6) where an official sign prohibits standing. Amended by Acts 1997, 75th Leg., ch. (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. 3, eff. (c) A motor vehicle may not draw more than three motor vehicles attached to it by the triple saddle-mount method. In this subtitle: (1) "Operator" means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle. 545.353. 2837), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system. September 1, 2019. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions. (3) "Department" means the Texas Department of Transportation. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 165, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. Sec. 1, eff. Acts 1995, 74th Leg., ch. (c) If the motorcycle or moped is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle or moped behind or to the side of the operator. (a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and: (1) the vehicle being passed is making or about to make a left turn; and, (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or. 19.06(a), eff. (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. 1, eff. (2) equipped with footrests and handholds for use by the passenger. 1258 (H.B. 19.05, eff. 62), Sec. 438 (H.B. (4) "Human operator" means a natural person in an automated motor vehicle who controls the entire dynamic driving task. Sept. 1, 2003. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (2) remain standing until all passengers have entered the streetcar or, on leaving, have reached a place of safety. 545.4145. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivision. Amended by Acts 1997, 75th Leg., ch. Acts 1995, 74th Leg., ch. (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. (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. Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 545.066. (b) When the Texas Transportation Commission, the Texas Turnpike Authority, the commissioners court of a county, or the governing body of a municipality, within the jurisdiction of each, as applicable, as specified in Sections 545.353 to 545.357, determines from the results of an engineering and traffic investigation that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the commission, authority, county commissioners court, or governing body may determine and declare a minimum speed limit on the highway. (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. 4, Sec. September 1, 2021. An operator moving in the opposite direction of the movement of another operator shall: (1) move to or remain to the right; and. We answer the phones 24/7. Sec. (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. 1353), Sec. (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. (c) Subsection (b) does not apply when passing to the right is permitted. Sec. (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. September 28, 2011. DRIVING ON ROADWAY LANED FOR TRAFFIC. (2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered. 712 (H.B. TOWING SAFETY CHAINS. (c) It is a defense to prosecution under this section that the person was: (1) operating or towing the vehicle in a parade or in an emergency; (2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; (4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or. Sept. 1, 1995. The court shall set the number of hours of service under this subsection. 3026), Sec. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE. 669, Sec. Sec. PRIMA FACIE SPEED LIMITS. 1, eff. 6 (S.B. 545.305. Added by Acts 1997, 75th Leg., ch. 1080, Sec. 545.104. Texas Transportation Code for Speeding 545.351. 1257 (H.B. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. Sec. EXCLUSIVE REGULATION OF THE OPERATION OF AUTOMATED MOTOR VEHICLES AND AUTOMATED DRIVING SYSTEMS. 4170), Sec. 5.68(13), eff. 1020, Sec. 165, Sec. T raffic accidents are extremely confusing events. September 1, 2019. 545.421. (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. (b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that: (A) the defendant was not arrested or issued a citation for violation of any other offense; (B) the defendant did not possess a child passenger safety seat system in the vehicle; and, (C) the vehicle the defendant was operating was not involved in an accident; and. 545.357. Acts 2013, 83rd Leg., R.S., Ch. 545.055. 8, eff. Acts 2021, 87th Leg., R.S., Ch. 545.204. 1560), Sec. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $200. RESTRICTION ON USE OF HIGHWAY. Sec. (a) 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 by ordinance 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. 1353), Sec. Sec. The authority granted under this subsection does not include a road or highway in the state highway system. First, they encourage drivers to always be on the lookout for possible accidents but also escape routes. 1105 (H.B. Sept. 1, 1995. (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. (2) "Commercial motor vehicle" has the meaning assigned by Section 545.307. 663 (H.B. On top of that, a traffic related fatality had occurred every 2 hours and 21 minutes. (3) a tow truck, as defined by Section 545.157(e), that is performing towing duties under Chapter 2308, Occupations Code. (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. Added by Acts 1997, 75th Leg., ch. 1560), Sec. 5, eff. September 1, 2009. The commissioners court shall use each license or permit fee to pay salaries and expenses of the sheriff's office for conducting inspections to determine compliance with the ordinance and laws relating to dealers in scrap metal and salvage. (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 1995, 74th Leg., ch. If you're 50 percent at fault, your damages are reduced by 50 percent in comparative negligence states. Sec. Sec. 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. 1353), Sec. (c) It is an affirmative defense to prosecution of an offense under this section that the operator used a portable wireless communication device: (1) in conjunction with a hands-free device, as defined by Section 545.425; (2) to navigate using a global positioning system or navigation system; (3) to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application; (4) to read an electronic message that the person reasonably believed concerned an emergency; (5) that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator's occupational duties between the operator and: (B) a digital network or software application service; or. . September 1, 2011. 545.059. Sept. 1, 1995. (3) "Open-enrollment charter school" has the meaning assigned by Section 5.001, Education Code. * Faulty evasive action * Under the influence- alcohol ( drunk driver) Vehicle defects can include defective conditions in the vehicles, such as no headlights, no tail lights, no trailer brakes, and other conditions. 316, Sec. (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. 161 (S.B. (2) may not accelerate until completely passed by the passing vehicle. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. (c) An operator who is passing a streetcar may not turn in front of the streetcar so as to interfere with or impede its movement. Sec. September 1, 2009. Sec. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . 4 (S.B. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. 545.306. The next most cited reason was alcohol and/or drug-related with 916.. 1, eff. 1759), Sec. 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. However, he collides into the first driver. Sept. 1, 1995. 15.003, eff. 1174), Sec. 1, eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS. (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. September 1, 2017. 913 (H.B. (g) Repealed by Acts 2003, 78th Leg., ch. Sec. 2981), Sec. 3171), Sec. (e) An offense under this section 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 this section, in which event the offense is punishable by a fine of at least $100 and not more than $200. This is called comparative fault. (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. 9, eff. 1, eff. (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) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. (f) An offense under this section is punishable by a fine of not less than $50 or more than $200. Added by Acts 2017, 85th Leg., R.S., Ch. 545.453. Sec. 545.308. (c) The department shall erect and maintain official traffic control devices necessary to implement and enforce a lane restriction imposed under this section.