Current as of April 14, 2021 | Updated by FindLaw Staff. 1, eff. (2) operating the motor vehicle on a beach. Acts 2019, 86th Leg., R.S., Ch. The sheriff shall determine the rules included in the ordinance with the review and consent of the commissioners court. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. (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. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then. (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) in front of a public or private driveway; (3) within 20 feet of a crosswalk at an intersection; (4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; (5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or. 1, eff. 1, eff. 545.403. (1) an operator of an authorized emergency or law enforcement vehicle using a portable wireless communication device while acting in an official capacity; or. 165, Sec. 545.204. (c) An order 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. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with the traffic using the other street or roadway. 545.402. safely driven, each operator shall move the operator's vehicle as soon as possible (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (2) "Pass" or "passing" used in reference to a vehicle means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver. 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. CONFLICTING DESIGNATED SPEED LIMITS. 161 (S.B. 438 (H.B. 61), Sec. Texas Transportation Code for Speeding 545.351. 1756), 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. Sept. 1, 1995. 1391 (H.B. 4, eff. 1969), Sec. (4) "Executive director" means the executive director of the department. Acts 1995, 74th Leg., ch. SIGNALING STOPS. 165, Sec. 3838), Sec. The commission may revise the procedure to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. Sec. (1) "Towing company" means an individual, corporation, partnership, or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee, or agent of a towing company. (e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section. 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. 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) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located. PERSONS. 6, eff. (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. Sec. 545.456. (3) contain, in addition, to any other required information: (A) the date, time, and location of the violation; (B) the license plate number and a description of the vehicle involved in the violation; (C) a description of the operator of the vehicle involved in the violation; and. 216 (H.B. Acts 2021, 87th Leg., R.S., Ch. 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. (c) An order may be issued under Subsection (a) only if the commission finds and states in the order that: (1) a severe shortage of motor fuel or other petroleum product exists, the shortage was caused by war, national emergency, or other circumstances, and a reduction of speed limits will foster conservation and safety; or. (2) supersedes any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. September 1, 2021. (6) to activate a function that plays music. 545.2535. 165, Sec. Sec. 5.68(12), eff. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. 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. (2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. If your damages total $4,000, for example, you would be entitled to collect no more than $2,000. TURNING AT INTERSECTION. (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. 545.155. (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. (b) To make a left turn at an intersection, an operator shall: (1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and. Added by Acts 2015, 84th Leg., R.S., Ch. 545.360. (a) A person may not participate in any manner in: (2) a vehicle speed competition or contest; (3) a drag race or acceleration contest; (4) a test of physical endurance of the operator of a vehicle; or. Sept. 1, 1995. Sec. (3) on entering the roadway, yield the right-of-way to an approaching vehicle. Sec. September 1, 2005. Sec. 5, eff. 1.21, eff. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS. 1, eff. Car accident victims can point to many actions that constitute driver negligenceincluding lack of evasive action. Added by Acts 2001, 77th Leg., ch. Sec. (j) This section preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to the use of a portable wireless communication device by the operator of a motor vehicle to read, write, or send an electronic message. 545.419. (3) may not proceed until the operator determines that the course is clear. Sec. DEFINITIONS TRANSPORTATION CODE SUBTITLE C. RULES OF THE ROAD CHAPTER 541. (2) subject to all applicable United States Department of Transportation Federal Highway Administration rules, post a message that complies with Subdivision (1) on any dynamic message sign operated by the local authority located on a state highway, U.S. highway, or interstate highway in the jurisdiction of the local authority. Texas Transportation Code Sec. 739, Sec. Sept. 1, 2003. (5) to a railroad track used exclusively for industrial switching purposes in a business district. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 4 (S.B. (b) An operator being passed by another vehicle: (1) shall, on audible signal, move or remain to the right in favor of the passing vehicle; and. TxDOT has referenced the American National Standard (ANSI) D16.1,1996 Manual on Classification of Motor Vehicle Traffic Accidents, the 2003 September 1, 2009. 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; PERSONS AND GOVERNMENTAL AUTHORITIES 541.001. 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. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. Amended by Acts 1999, 76th Leg., ch. (e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. 1144 (H.B. TXDOT CODE SHEET. 18, eff. Acts 2011, 82nd Leg., R.S., Ch. (d) An operator of a vehicle or equipment may not cross a railroad grade crossing when warning of the immediate approach of a railroad car, train, or other on-track equipment is given by automatic signal, crossing gates, a flagger, or otherwise. Sec. (9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. PASSING TO THE LEFT: SAFE DISTANCE. 1438, Sec. Acts 2021, 87th Leg., R.S., Ch. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway. 8, eff. (2) may not be extended unless established by the Texas Transportation Commission under Section 545.353. (e) A lane restriction imposed under this section expires when the lane that is subject to the restriction is no longer in a construction or maintenance work zone. 1, eff. (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. 1, eff. This is called comparative fault. September 1, 2017. (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. (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. (c)A person commits an offense if the person does not stop or does not comply with 545.153. 3282), Sec. 11 (H.B. 545.405. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION. Sept. 1, 1995. It's best to do this all the time with well-developed scanning habits. (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. September 1, 2013. (e) Department approval under Subsection (d) must: (1) be based on a traffic study performed by the department to evaluate the effect of the proposed restriction; and. 545.102. (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. An offense under this subsection is a Class C misdemeanor. 1294), Sec. Civ. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). Sec. (4) "Human operator" means a natural person in an automated motor vehicle who controls the entire dynamic driving task. 3, eff. 1171, Sec. (B) a regional transportation authority operating under Chapter 452. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. 1061, Sec. 545.206. 30.107(a), eff. We answer the phones 24/7. All rights reserved. 545.454. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1997. An order entered under this section does not have the effect of increasing a speed limit on any highway. 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. September 1, 2015. BACKING A VEHICLE. Sec. September 1, 2005. (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. 1353), Sec. (b) A district engineer may temporarily lower a prima facie speed limit under this section without the approval of or permission from the Texas Transportation Commission. (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. at the scene of the accident; and. Acts 1995, 74th Leg., ch. There was one at John F. Kennedy Airport in New York in January, a second in Austin, Texas, in February, and a third off the coast of Hawaii in December. Acts 2011, 82nd Leg., R.S., Ch. National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. (a) In this section: (1) "Hands-free device" has the meaning assigned by Section 545.425. Sept. 1, 1995. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. (e) A temporary speed limit established under this section is effective when the Texas Department of Transportation, as required under Subsection (d), places temporary speed limit signs and conceals other signs that would permit a person to operate a motor vehicle at a higher rate of speed. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. Sec. (e) Department approval under Subsection (d) must to the greatest extent practicable ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent counties or municipalities. However, if you are cited for speeding in a school or construction zone, the penalty will be assessed at a much higher rate. 1, eff. Sec. However, lack of evasive action is only applicable in situations where a driver could have reacted to prevent an accident but chose not to. PRIMA FACIE SPEED LIMITS. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. 545.0652. 30.113(a), eff. 545.0651. SUBCHAPTER J. Distracted drivers are being targeted by a new Texas law. 1786), Sec. Committees. 1258 (H.B. September 1, 2013. Sec. Section 5102 and its subsequent amendments; (D) a hazardous substance as defined by Section 26.263, Water Code; 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. (d) Compliance or noncompliance with Subsection (a) is not admissible evidence in a civil trial. 545.425. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. Sept. 1, 1995. (e) Notwithstanding any other provision of law, an authority or a law enforcement agency is not liable for: (1) any damage to personal property removed from a roadway or right-of-way under this section, unless the removal is carried out recklessly or in a grossly negligent manner; or. Sept. 1, 2001; Acts 2001, 77th Leg., ch. PASSING TO THE LEFT: PASSING ZONES. Faulty evasive action always occurs after perception and is the reaction of a driver or pedestrian to a hazardous situation on the highway. 265 (H.B. Acts 2017, 85th Leg., R.S., Ch. (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. STREETCAR APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. (c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts. (a) The commissioners court of a county by resolution may request the Texas Transportation Commission to determine and declare a reasonable and safe prima facie speed limit that is lower than a speed limit established by Section 545.352 on any part of a farm-to-market or a ranch-to-market road of the highway system that is located in that county and is without improved shoulders. (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. In this subsection, "intoxicated" has the meaning assigned by Section 49.01, Penal Code. Acts 2019, 86th Leg., R.S., Ch. For example, if you are driving through a parking lot and a pedestrian suddenly runs out in front of you, you have a responsibility to stop as quickly as possibleeven if the pedestrians actions are technically negligent. 165, Sec. A municipality, county, or designated official shall comply with the guidelines. 1313 (H.B. September 1, 2011. 1353), Sec. 14 This may include drivers failing to slow in advance for stopped or stopping traffic, and abrupt steering 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. Sec. RIDING IN OPEN BEDS; OFFENSE. 15, eff. Amended by Acts 1997, 75th Leg., ch. woodbridge high school stabbing; 1000 blythe blvd parking lot b (c) Subsection (b) does not apply when passing to the right is permitted. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. (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. According to the Texas Transportation Code, every person who drives on Texas roads is required to carry minimum liability insurance coverage of $25,000 for property damage and $30,000 per person or $60,000 per accident for bodily injury. 920, Sec. Added by Acts 1997, 75th Leg., ch. (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. (a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible or visual signal, an operator, unless otherwise directed by a police officer, shall: (2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and. 3050), Sec. (4) the operator is on a roadway restricted to one-way traffic. 1042, Sec. 19 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (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. Sec. 165, Sec. On top of that, a traffic related fatality had occurred every 2 hours and 21 minutes. September 1, 2021. (2)a Class B misdemeanor, if the damage to all vehicles is $200 or more. Evasive Action - An evasive action is a fast and effective maneuver made intentionally to avoid colliding with a person, another vehicle, or an object. (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. Before the 13th day after the date the order is filed in the governor's office, the governor shall conclude the finding of fact, issue a proclamation stating whether the necessary facts exist to support the issuance of the commission's order, and file copies of the order and the proclamation in the office of the secretary of state. 1522), Sec. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state. of a freeway in a metropolitan area and each vehicle involved can be normally and SIGNALING TURNS; USE OF TURN SIGNALS. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. of Subsection (b). 1294), Sec. May 9, 1997; Acts 1997, 75th Leg., ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.