Sec. Section 332. September 1, 2007. (b) An operator approaching a stop sign or other official traffic-control device that requires a stop and that is erected under Subsection (a) shall stop not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad and may proceed only with due care. (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. (b) A county commissioners court by order may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower prima facie speed limits for a county road or highway outside the boundaries of a municipality at the site of an investigation using vehicular accident reconstruction. Acts 1995, 74th Leg., ch. 1358 (H.B. 3, eff. September 1, 2019. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. DEFINITIONS. (d) The Texas Department of Transportation, on a highway under the jurisdiction of that department, may place signs prohibiting or restricting the stopping, standing, or parking of a vehicle on the highway where the director of the Texas Department of Transportation determines that stopping, standing, or parking is dangerous to, or would unduly interfere with, the free movement of traffic on the highway. 663, Sec. 3638), Sec. 165, Sec. 545.451. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL PARKING. (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. (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. REGULATION OF TOWING COMPANIES IN CERTAIN COUNTIES. 669, Sec. September 1, 2009. 545.0651. Added by Acts 1997, 75th Leg., ch. 1, eff. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. 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. (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. Sec. (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. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1560), Sec. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. in narrative) 47-ill (exp. 1), Sec. Amended by Acts 1997, 75th Leg., ch. 79, Sec. (b) An operator drawing another vehicle and using a chain, rope, or cable to connect the vehicles shall display on the connection a white flag or cloth not less than 12 inches square. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. Sec. 1331, Sec. MINIMUM SPEED REGULATIONS. 165, Sec. (a) If the Texas Transportation Commission determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the commission, by order recorded in its minutes, and except as provided in Subsection (d), may determine and declare: (1) a reasonable and safe prima facie speed limit; and. The fines, penalties and fees for traffic offenses vary greatly depending on a number of circumstances. (3) a tow truck, as defined by Section 545.157(e), that is performing towing duties under Chapter 2308, Occupations Code. Sept. 1, 1997. 1105 (H.B. 547. 923 (H.B. (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. (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. 2, eff. 545.365. Added by Acts 1997, 75th Leg., ch. 545.151. (D) the governing board of an institution of higher education. (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. 1280 (H.B. 1, eff. (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. 1, eff. 2, eff. 68, eff. (a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop. Sec. 265 (H.B. An operator may not begin movement of a stopped, standing, or parked vehicle unless the movement can be made safely. (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. (2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. (B) a vertical body or load clearance of less than one-half inch per foot of the distance between two adjacent axles or less than nine inches measured above the level surface of a roadway. Sec. Sec. (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. September 1, 2017. (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. 545.303. June 19, 2015. (3) "School bus" includes a multifunction school activity bus. 1, eff. 12.11, eff. May 22, 2015. Text of subsection effective until June 01, 2023. 265 (H.B. (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. 128 (H.B. 8.01. (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. (f) If the commission enters an order under this section, it shall file the order in the office of the governor. COUNTY RESTRICTION ON USE OF HIGHWAY. 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. (B) five miles per hour when the posted speed limit is less than 25 miles per hour. 5.68(12), eff. Don't disrupt the flow of traffic it just isn't safe. 183), Sec. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible 545.155. (b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and: (1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or Amended by Acts 2001, 77th 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. https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/, Read this complete Texas Transportation Code - TRANSP 550.022. (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. A person may not: (1) open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic; or. (g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury. 2205), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (d) The court may order that the driver's license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. September 1, 2019. (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. Sec. 3483), Sec. September 1, 2013. (d) A local authority, on a highway under the jurisdiction of the local authority, may: Sec. (2)a Class B misdemeanor, if the damage to all vehicles is $200 or more. (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. Sec. Sept. 1, 1997. VEHICLE TURNING LEFT. Sec. (3) an authorized vehicle operated by a blood or tissue bank. Sec. 663 (H.B. (3) a state jail felony if the person has been previously convicted under Subdivision (2). FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. 545.066. 1, eff. (a) In this section: (1) "Department" means the Texas Department of Transportation. 545.426. Added by Acts 2003, 78th Leg., ch. 1085, Sec. 1, eff. RIDING IN OPEN BEDS; OFFENSE. 545.452. Sec. 1253 (H.B. Sec. September 1, 2013. (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. June 17, 2011. The ordinance must include rules to ensure the protection of the public and the safe and efficient operation of towing and storage services in the county and may not regulate or restrict the use of lighting equipment more than the extent allowed by state and federal law. 1, eff. 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. to a designated accident investigation site, if available, a location on the frontage Sec. (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. 545.202. Acts 2011, 82nd Leg., R.S., Ch. 165, Sec. Sept. 1, 1997. (1) "Interstate highway" means a segment of the national system of interstate and defense highways that is: (B) officially designated by the Texas Transportation Commission; and. (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. 510), Sec. 255 (S.B. requirements of Section 550.023 and minimize interference with freeway traffic. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. COASTING. Groucho Marx. The most common contributing factors to the state's fatal crashes in 2018 were speed-related, which was cited in 1,153 crashes. (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. (a) Except as provided by Subsection (b), an operator required to give a stop or turn signal shall do so by: (2) lighting signal lamps approved by the department. Acts 2011, 82nd Leg., R.S., Ch. 41-faulty evasive action 42-fire in vehicle 43-fleeing or evading police 44-followed too closely 45-had been drinking 46-handicapped driver (exp. 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. 920, Sec. Acts 1995, 74th Leg., ch. 9, eff. He hit Jackson from behind, throwing the 6-foot, 195-pound man nearly . VEHICLE ENTERING STOP OR YIELD INTERSECTION. Sept. 1, 2003. Sept. 1, 1995. 11 (H.B. & Rem.Code Ann. (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway. Acts 1995, 74th Leg., ch. An operator may not turn the vehicle to move in the opposite direction when approaching a curve or the crest of a grade if the vehicle is not visible to the operator of another vehicle approaching from either direction within 500 feet. 974 (H.B. It is a defense to prosecution under this subsection that the operator was operating the motorcycle or moped in an emergency or for a law enforcement purpose. 537), Sec. 1059 (H.B. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. In these situations, you need a car accident attorney on your side. 2, eff. (d) For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined. September 1, 2021. Sec. 2, eff. (a) In this section: (1) "Electric personal assistive mobility device" has the meaning assigned by Section 551.201. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . Sec. Explores risk management in medieval and early modern Europe, | https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/. When a vehicle is following too close to take proper evasive action, the results can be deadly: tailgating contributed to 12 fatal crashes in 2015. May 27, 2005. Sec. 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. 109), Sec. (b) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. Amended by Acts 1997, 75th Leg., ch. 1353), Sec. (2) to the greatest extent practicable, ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent municipalities. 2, eff. (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. . The Federal Motor Carrier Safety Administration offers a few tips for evasive maneuvering. 1021 (H.B. ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS. Sec. 1, eff. 165, Sec. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1353), Sec. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". (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. (c) An offense under this section is a Class B misdemeanor. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. 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. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION. road, the nearest suitable cross street, or other suitable location to complete the 949 (S.B. 2, eff. (B) any fallback maneuvers necessary to respond to a failure of the system. (2) establish a speed limit of more than 75 miles per hour. Sept. 1, 1995. Acts 2005, 79th Leg., Ch. 1172 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 545.252. Acts 2011, 82nd Leg., R.S., Ch. October 21, 2021. 1093), Sec. First, they encourage drivers to always be on the lookout for possible accidents but also escape routes. 545.302. Sec. PERSONS AND GOVERNMENTAL AUTHORITIES 541.001. OPERATION OF VEHICLE WITH INSUFFICIENT UNDERCARRIAGE CLEARANCE. (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. Inadequate evasive action may be defined as situations when drivers fail to execute a proper evasive maneuver by not using sufficient steering inputs, not braking appropriately, or a combination of insufficient steering and braking inputs. 2005 Texas Transportation Code CHAPTER 541. (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. September 1, 2011. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 663 (H.B. 161 (S.B. The Dallas. (1) before the seventh day after the date a report under this section is filed, initiate an investigation of the alleged violation; and. Even if the first driver was responsible for the initial incident, the second driver would be at fault due to his failure to take necessary actions to avoid additional harm. (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. 204, Sec. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. 1, eff. Sec. National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. (C) test the physical stamina or endurance of an operator over a long-distance driving route. 240 (H.B. (b) A person under 17 years of age who holds a restricted motorcycle license may not operate a motorcycle while using a wireless communication device, except in case of emergency. 154 (H.B. (5) "Owner" has the meaning assigned by Section 502.001. 3, eff. Acts 2009, 81st Leg., R.S., Ch. June 20, 2003. According to Texas statute, a person can be found guilty of reckless driving on a private road or even in a parking lot. (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. This subsection does not apply to a person licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. (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. Single State Registration: Transportation Code Chapter 645. (c) An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the paved street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and.