(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. to a designated accident investigation site, if available, a location on the frontage (f) If the commission enters an order under this section, it shall file the order in the office of the governor. 1, eff. Sec. 30.109, eff. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT. 663 (H.B. (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. 2837), Sec. (b) A passenger in a vehicle may not ride in a position that interferes with the operator's view to the front or sides or control over the driving mechanism of the vehicle. Sec. (b) The commission shall give consideration to local public opinion and may determine and declare a lower speed limit on any part of the road without an engineering and traffic investigation, but the commission must use sound and generally accepted traffic engineering practices in determining and declaring the lower speed limit. (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. Added by Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. As drivers, we have a duty to uphold all applicable traffic laws and operate our vehicles safely. Sec. 545.456. (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. 1257), Sec. Single State Registration: Transportation Code Chapter 645. (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. 545.412. 545.206. Transp. 1257 (H.B. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). 1, eff. 1257), 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. Now, the brothers say they want trucking companies to take a close look at safety procedures and training. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). (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. 1, eff. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. Texas 18+ Adult Drivers Course; Driver . Acts 2011, 82nd Leg., R.S., Ch. (2) "Storage company" means an individual, corporation, partnership, or other association engaged in the business of storing or repairing vehicles for compensation or with the expectation of compensation for the storage or repair of vehicles and includes the owner, operator, employee, or agent of a storage company. MOVING A PARKED VEHICLE. 1, eff. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible (b)If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area Sec. TURNING AT INTERSECTION. Added by Acts 1997, 75th Leg., ch. 548), Sec. DEFINITIONS. 347), Sec. Sec. Sept. 1, 1999. 545.420. 165, Sec. Many factors can contribute to these accidents, from inclement road and weather conditions to negligent driving behaviors. (2) erect a stop sign or other official traffic-control device at the grade crossing. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (B) any fallback maneuvers necessary to respond to a failure of the system. 936 (H.B. (c) Notwithstanding Section 542.001, this section applies to: (1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1171, Sec. Failure to take evasive action; Distracted driving; Failure to apply brakes; Failure to maintain lane; If you have any questions or would like us to get started on your case, call us now at (855) 326-0000 for help. (b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway. 357 (S.B. For example, say that a driver fails to notice a patch of black ice on the road. (4) "Executive director" means the executive director of the department. (c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is: (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed; (2) a Class A misdemeanor if the person causes serious bodily injury to another; or. September 1, 2007. Common Pedestrian Accidents Caused by Distractions. The authority granted under this subsection does not include a road or highway in the state highway system. Sec. 14 This may include drivers failing to slow in advance for stopped or stopping traffic, and abrupt steering 2, eff. (d) Before issuing an order under this section, the commissioners court shall submit to the department a description of the proposed restriction. in narrative) 49-improper start from parked position 50-load not secured 51-opened door into traffic lane 52-oversize vehicle or load OPENING VEHICLE DOORS. 1.21, eff. September 1, 2021. 4170), Sec. 545.301. (B) not in the immediate vicinity of the vehicle; (7) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle does not designate a particular towing or storage company; (8) is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or. 545.254. (2) on a roadway wide enough for not more than one line of vehicle movement in each direction, give the other operator: (A) at least one-half of the main traveled portion of the roadway; or. 545.365. 30.112(a), eff. Civ. Sec. 545.424. 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 who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows: (1) to make a left turn signal, extend hand and arm horizontally; (2) to make a right turn signal, extend hand and arm upward, except that a bicycle operator may signal from the right side of the vehicle with the hand and arm extended horizontally; and. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . September 1, 2013. 161 (S.B. 1172 (H.B. 165, Sec. DRIVING ON RIGHT SIDE OF ROADWAY. (f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection. (b) The commissioners court of a county may declare a lower speed limit of not less than: (1) 30 miles per hour on a county road or highway to which this section applies, if the commissioners court determines that the prima facie speed limit on the road or highway is unreasonable or unsafe; or, (A) in a residence district, unless the roadway has been designated as a major thoroughfare by a city planning commission; or. BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. 913 (H.B. 923 (H.B. Sec. Sec. (c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor. Permits for Oversize and Overweight Vehicles: Transportation Code Chapter 623. 545.455. 1, eff. (b) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall: (1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or, (A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. (B) is riding in a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and. (e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that: (1) the person has previously been convicted one time of an offense under that subsection; or. 1, eff. September 1, 2019. September 1, 2009. 545.0653. (3) to stop or decrease speed, extend hand and arm downward. (a) An operator may not drive a vehicle when it is loaded so that, or when the front seat has a number of persons, exceeding three, so that: (1) the view of the operator to the front or sides of the vehicle is obstructed; or. Sec. 467 (H.B. (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. Sept. 1, 1999. (e) It is a defense to prosecution under this section that: (1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; (3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle; (4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle; (5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle; (6) the person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.433 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more; or. Acts 2009, 81st Leg., R.S., Ch. 547. 1021 (H.B. Sec. If a flagger is provided by the railroad, the operator shall move the vehicle or equipment over the crossing at the flagger's direction. 545.0651. 860 (H.B. Sec. 5, eff. If the order does not have an effective date, it takes effect on the 21st day after the date it is filed with the governor. (d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway. The next most cited reason was alcohol and/or drug-related with 916.. 5, eff. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . In this situation, the truck driver failed to take the necessary evasive action, causing an accident that would have otherwise been preventable. September 1, 2019. (c) To move a vehicle or equipment on or across a track at a railroad grade crossing, the operator: (1) shall stop the vehicle or equipment not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (3) may not proceed until it is safe to cross the track. Current as of April 14, 2021 | Updated by FindLaw Staff. The truck then collides with the passenger car, severely injuring the motor vehicle driver. DRIVING THROUGH SAFETY ZONE. 2, eff. Other examples of behavior that might rise to the level of reckless driving include: Speeding Running stop signs or red lights Failing to yield the right of way Driving while intoxicated Racing with other vehicles September 1, 2007. Acts 1995, 74th Leg., ch. (3) "School bus" includes a multifunction school activity bus. 545.4145. 663, Sec. TOWING SAFETY CHAINS. 165, Sec. (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. 128 (H.B. 3, eff. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003. FOLLOWING DISTANCE. 30.113(a), eff. PASSING A SCHOOL BUS; OFFENSE. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. Sec. Sec. (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. 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. 803, Sec. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. The term: (i) operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and, (ii) tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions; and. 545.055. Sept. 1, 1995. 12, eff. TURNING ON CURVE OR CREST OF GRADE. 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. (B) five miles per hour when the posted speed limit is less than 25 miles per hour. Sec. (2) the requirements of this section and the penalty for noncompliance. (3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the official finds that the vehicular accident reconstruction is complete and all equipment is removed from the vehicular accident reconstruction site. (a) In this section: (1) "Department" means the Texas Department of Transportation. (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. An offense under this subsection is a Class C misdemeanor. 1358 (H.B. 551A. See Tex. Sept. 1, 1995. (c) An operator may not light the signals on only one side of the vehicle on a parked or disabled vehicle or use the signals as a courtesy or "do pass" signal to the operator of another vehicle approaching from the rear. The Texas Department of Public Safety was created by law to protect the lives and property of the people of the state of Texas and departmental employees. Acts 2021, 87th Leg., R.S., Ch. About Transportation. (e) A municipality may adopt an ordinance exempting a private vehicle operated by an elevator constructor responding to an elevator emergency from Subsections (a)(1), (a)(5), (a)(6), (a)(9), (b), and (c). 3171), Sec. (2) is adjacent to a residential subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. (j) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of Subsection (b) of this section. Sept. 1, 1997. Sec. 1, eff. 165, Sec. 545.3531. 30.115(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (3) may not proceed until it is safe to do so. 15, eff. RA 4136 - the Land Transportation and Traffic Code. 545.4205. Sec. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. (a-1) A person under 18 years of age may not operate a motor vehicle: (1) after midnight and before 5 a.m. unless 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; or. VEHICLE ENTERING OR LEAVING LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAY. Read this complete Texas Transportation Code - TRANSP 545.401. . September 1, 2021. 350, Sec. (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.". 128 (H.B. 1, eff. Section 332. All rights reserved. (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. As a factor which may have contributed, the report listed unsafe lane change by Ngo. 545.414. 1 weather alerts 1 closings/delays. Sec. (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. 833, Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. 3050), Sec. For example, say that a driver is traveling on a highway when he suddenly hits a pothole and loses control of his vehicle. (h) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that: (1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and. 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. (b) An operator on a highway having separate roadways is not required to stop: (1) for a school bus that is on a different roadway; or. (f) For purposes of Subsections (c) and (d), an autocycle as defined by Section 501.008 is considered to be a motorcycle. Explores risk management in medieval and early modern Europe, 20.019, eff. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. 30.116(a), eff. Amended by Acts 1999, 76th Leg., ch. Connected and Automated Vehicles; . 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-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. September 1, 2017. (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or.