texas traffic code faulty evasive action texas traffic code faulty evasive action

7, eff. Acts 2013, 83rd Leg., R.S., Ch. (C) the visual signal is no longer actuated. (2) erect a stop sign or other official traffic-control device at the grade crossing. The operator may not shift gears while crossing the track. Sec. 62), Sec. 1, eff. 545.360. 1518, Sec. 165, Sec. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. 183), Sec. 1 weather alerts 1 closings/delays. June 1, 2023. (1) alter the general rule established by Section 545.351(a); or. 165, Sec. Sec. 5.68(12), eff. (2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense. 173, Sec. Sec. Sec. Sept. 1, 1997. 1, eff. Sec. benefit of his course of action when he violates a traffic law during moving surveillance requires merely the . (a) An operator may not pass to the left or drive on the left side of a streetcar moving in the same direction, even if the streetcar is temporarily at rest, unless the operator: (1) is directed to do so by a police officer; (3) is on a street on which the location of the tracks prevents compliance with this section. 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. 1, eff. As a factor which may have contributed, the report listed unsafe lane change by Ngo. 892 (H.B. (B) any fallback maneuvers necessary to respond to a failure of the system. Sept. 1, 1995. For example, say that a driver fails to notice a patch of black ice on the road. 2, eff. 9, eff. 545.3535. September 1, 2011. 1756), 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. 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; SPECIAL SPEED LIMITATIONS. This subsection does not apply to a funeral procession. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. (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. 545.412. . Acts 1995, 74th Leg., 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. Acts 2019, 86th Leg., R.S., Ch. 730 (H.B. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. Sept. 1, 1995. September 1, 2011. 661 (H.B. (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. 1, eff. 551.104 (b) No Red Reflector or Red Light of Defective Reflector or Red Light on Rear of Bicycle or Moped - Nighttime. (i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. 1, eff. (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. 1, eff. FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR AMBULANCE. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission for an officially designated or marked highway of the state highway system. PASSING A SCHOOL BUS; OFFENSE. (a) In this section: (1) "Department" means the Texas Department of Transportation. (2) removes all temporary signs, concealments, and equipment used at the vehicular accident reconstruction site. (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. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. 265 (H.B. (a) The commissioners court of a county, for a county road or highway outside the limits of the right-of-way of an officially designated or marked highway or road of the state highway system and outside a municipality, has the same authority to increase 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. 3190), Sec. (a) An operator of a passenger car or light truck may not draw a trailer, semitrailer, house trailer, or another motor vehicle unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house trailer, or drawn motor vehicle to the drawing vehicle. DRAWBARS AND TRAILER HITCHES; SADDLE-MOUNT TOWING. 165, Sec. 545.307. Copyright 2023, Thomson Reuters. (b) The executive director or the executive director's designee may restrict a commercial motor vehicle to a specific lane of traffic in a construction or maintenance work zone for a highway that is part of the state highway system if the executive director or the executive director's designee determines that, based on a traffic study performed by the department to evaluate the effect of the restriction, the restriction is necessary to improve safety. Sept. 1, 1995. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. Car accident victims can point to many actions that constitute driver negligenceincluding lack of evasive action. Section 5102 and its subsequent amendments; (D) a hazardous substance as defined by Section 26.263, Water Code; or. Amended by Acts 1997, 75th Leg., ch. January 1, 2008. (d) The commissioners court may modify a prima facie speed limit in accordance with this section only by an order entered on its records. 545.256. (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. 1201), Sec. (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. (3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., 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. Sec. (2) yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. 5.68(12), eff. (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. VEHICLE TURNING LEFT. Sec. 5, eff. TXDOT CODE SHEET. (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. Added by Acts 1997, 75th Leg., ch. Sec. (5) covered by motor vehicle liability coverage or self-insurance in an amount equal to the amount of coverage that is required under the laws of this state. 165, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (b) The commissioners court shall set the fee for the license or permit in an amount that reasonably offsets the costs of enforcing the ordinance. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely. 165, Sec. (g) If the governing body of a municipality determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety, the governing body may adopt an ordinance regulating the standing, stopping, or parking of a vehicle at a place described by Subsection (a)(1), other than a road or highway in the state highway system, in the central business district of the municipality as defined in the ordinance. 2, eff. (c) An operator approaching an intersection on a roadway controlled by a yield sign shall: (1) slow to a speed that is reasonable under the existing conditions; and. (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. in narrative) 49-improper start from parked position 50-load not secured 51-opened door into traffic lane 52-oversize vehicle or load 1), Sec. May 28, 1997. Acts 1995, 74th Leg., ch. 545.251. Sept. 1, 2003. Amended by Acts 1997, 75th Leg., ch. PERSON RIDING IN TRAILER OR SEMITRAILER DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR. (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. September 1, 2019. DEFINITIONS SUBCHAPTER A. (c) In this section, "boat" and "personal watercraft" have the meanings assigned by Section 31.003, Parks and Wildlife Code. September 1, 2015. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. 347), Sec. 545.066. (d) The Texas Transportation Commission, on request of the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider prima facie speed limits on highways in the state highway system that are near public or private elementary or secondary schools, open-enrollment charter schools, or institutions of higher education. 1093), Sec. (c) Subsection (b) does not apply when passing to the right is permitted. . (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 438 (H.B. 1, eff. 204, Sec. 183), Sec. 2682), 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. 165, Sec. 545.201. Sec. 16, eff. September 1, 2013. (f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize: (1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and. (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. 663 (H.B. 2, eff. (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or. June 19, 2015. 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. 545.206. 8, eff. 11 (H.B. (2) where an official sign prohibits parking. (d) Unless a specific speed limit is required by federal law or directive under threat of loss of highway money of the United States, the commission may not set prima facie speed limits under this section of all vehicles at less than 60 miles per hour, except on a divided highway of at least four lanes, for which the commission may not set prima facie speed limits of all vehicles at less than 65 miles per hour. (e) In this section, "household" has the meaning assigned by Section 71.005, Family Code. (d) An operator of self-propelled machinery designed or adapted for applying plant food materials or agricultural chemicals and not designed or adapted for the sole purpose of transporting the materials or chemicals may not drive at a speed of more than 30 miles per hour unless the machinery is registered under Chapter 502. (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. (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. 1, eff. (2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart. (b) An operator may not drive on or cross a streetcar track in an intersection in front of a streetcar crossing the intersection. 545.151. (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway. (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. (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. DEFINITIONS. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. (2) "Race" means the use of one or more vehicles in an attempt to: (A) outgain or outdistance another vehicle or prevent another vehicle from passing; (B) arrive at a given destination ahead of another vehicle or vehicles; or. (j) A change in speed limits under this section is effective until the commission makes a finding that the conditions in Subsection (c) require or authorize an additional change in those speed limits or in the highway or sections of highway to which those speed limits apply. September 1, 2019. (3) a tow truck, as defined by Section 545.157(e), that is performing towing duties under Chapter 2308, Occupations Code. (a) This section applies only to: (1) a crawler-type tractor, steam shovel, derrick, or roller; and. 1105 (H.B. Sec. Sept. 1, 1999. 547. 548), Sec. 545.303. 4, eff. 545.058. Explores risk management in medieval and early modern Europe, 860 (H.B. 1, eff. Acts 2019, 86th Leg., R.S., Ch. To be prosecuted, the behavior must be committed in the presence of or within the view of a peace officer or established by other evidence. 1257), Sec. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. 545.409. Acts 2021, 87th Leg., R.S., Ch. Sec. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. 3483), Sec. Sept. 1, 2003. Renumbered from Transportation Code, Section 545.426 by Acts 2009, 81st Leg., R.S., Ch. Sec. June 18, 2003; Acts 2003, 78th Leg., ch. If a vehicle driving ahead of you brakes unexpectedly or if you see a driver skidding across multiple lanes of traffic, you have a duty to stop and try your best to prevent a collision. 545.422. Added by Acts 2003, 78th Leg., ch. (2) equipped with footrests and handholds for use by the passenger. 545.351. (e) In a prosecution under this section, proof that at the time of the offense a train or other on-track equipment was in hazardous proximity to the crossing and that the train or other equipment was plainly visible to the operator is prima facie evidence that it was not safe for the operator to proceed. Sec. (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. Sept. 1, 1995. Acts 2005, 79th Leg., Ch. Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2001. (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. 1021 (H.B. 154 (H.B. 109), Sec. (h-2) Notwithstanding Section 545.352(b), the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system if: (1) that part of the highway system is designed to accommodate travel at that established speed or a higher speed; and. (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. & Rem.Code Ann. (a) An operator may not drive on the left side of the center of the roadway in passing another vehicle unless: (1) driving on the left side of the center of the roadway is authorized by this subtitle; and. (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. Acts 2009, 81st Leg., R.S., Ch. (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. 1280 (H.B. the requirements of Subsection (a). June 14, 2013. (b-3) The governing body of a municipality with a population of 2,000 or less, for a highway or a part of a highway in the municipality that is a one-lane highway used for two-way access and 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 10 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe. 18, eff. Acts 2017, 85th Leg., R.S., Ch. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. (d) This section does not exempt the operator from compliance with Section 545.251 or 545.252. Acts 2009, 81st Leg., R.S., Ch. 166 (H.B. Acts 2021, 87th Leg., R.S., Ch. (3) a state jail felony if the person has been previously convicted under Subdivision (2). Acts 2015, 84th Leg., R.S., Ch. (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. 545.401. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (2) both inside and outside the limits of a municipality, including a home-rule municipality, for a limited-access or controlled-access highway. (f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located. (5) to a railroad track used exclusively for industrial switching purposes in a business district. (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.