Sec. (f) The department shall remove traffic control devices erected under this section if the lane restriction is rescinded under Subsection (d) or expires under Subsection (e). 550.022 Accident Involving Damage to Vehicle (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) 1518, Sec. 265 (H.B. (b) If the commission adopts a rule under Subsection (a), the commission shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access highway to which the rule applies. A designated official who intends to temporarily lower a prima facie speed limit at the site of an investigation using vehicular accident reconstruction shall, at least 48 hours before temporary speed limit signs are posted for the vehicular accident reconstruction site, provide to the Texas Department of Transportation notice that includes: (1) the date and time of the accident reconstruction; (2) the location of the accident reconstruction site; (4) the general size of the area affected by the site; and. Added by Acts 1997, 75th Leg., ch. Vehicle Code (Traffic Laws) Vehicle Owner's Manual ; Velocitation ; Warning Signs ; Work Zone (or road construction) Yield ; Zero Tolerance Law ; . REMOVAL OF UNLAWFULLY STOPPED VEHICLE. (b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit. Acts 2007, 80th Leg., R.S., Ch. 545.421. For example, say that a driver is traveling on a highway when he suddenly hits a pothole and loses control of his vehicle. (e) Subsection (d) does not prohibit an operator from carrying on a motorcycle or moped a person younger than five years of age who is seated in a sidecar attached to the motorcycle or moped. 669, Sec. (a) The Texas Department of Transportation or a local authority, with respect to a highway in its jurisdiction, may: (1) designate a railroad grade crossing as particularly dangerous; and. 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. 1021 (H.B. 3483), Sec. 2, eff. A passenger in a streetcar may not ride in a position that interferes with the operator's view ahead or to the side or with control over the driving mechanism of the streetcar. Acts 1995, 74th Leg., ch. (d) Before issuing an order under this section, the commissioners court shall submit to the department a description of the proposed restriction. 1391 (H.B. 1174), Sec. Sec. & Rem.Code Ann. 545.104. (2) "Highway" means a public highway that: (A) is in the designated state highway system; (B) is designated a controlled access facility; and. 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. Sept. 1, 1995. 1257 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 165, Sec. 128 (H.B. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student: (1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and, (B) the operator is signaled by the bus driver to proceed; or. (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. 545.105. (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. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS. September 28, 2011. (d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate state or local governmental official. Sec. (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. (a) In this section: (1) "Apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company. 1), 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. VEHICLE TURNING LEFT. (b) Except as provided by Section 545.425(c), an operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless: (c) It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to: (1) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (6) an individual to administer first aid treatment; or. (A) on a form approved by the department; and. OPERATION OF SCHOOL BUS. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY. 545.3535. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. (c) An offense under this section is a Class B misdemeanor. Sept. 1, 2003. 1, eff. September 1, 2013. 69.01(1), eff. (1) a misdemeanor punishable under Section 542.401; (2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. About Transportation. 1353), Sec. 204, Sec. Sec. (a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. (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. 3, eff. 2, eff. (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. (d) The authority's power to alter prima facie speed limits is effective and exclusive on any part of a turnpike project constructed and maintained by the authority inside and outside the limits of a municipality, including a home-rule municipality. A lane restriction may not be enforced until the appropriate traffic control devices are in place. (B) in which the majority of lots are subject to deed restrictions limiting the lots to residential use. 545.454. Sec. Sec. September 1, 2011. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle. September 1, 2017. (2) operating the motor vehicle on a beach. 3171), Sec. 545.154. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 4 (S.B. September 1, 2011. 165, Sec. (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. Acts 2021, 87th Leg., R.S., Ch. (3) "School bus" includes a multifunction school activity bus. Added by Acts 2001, 77th Leg., ch. Sec. Acts 1995, 74th Leg., ch. 545.354. 641, Sec. September 1, 2011. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 4, eff. 1217 (S.B. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. 3026), Sec. (c) The commission by rule shall establish standards for determining lower speed limits within a set range. DRIVING ON MULTIPLE-LANE ROADWAY. Added by Acts 2015, 84th Leg., R.S., Ch. (b) The department shall adopt rules prescribing the type of safety chains required to be used according to the weight of the trailer, semitrailer, house trailer, or motor vehicle being drawn. On top of that, a traffic related fatality had occurred every 2 hours and 21 minutes. (b)If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area DRIVING ON IMPROVED SHOULDER. September 1, 2021. Acts 1995, 74th Leg., ch. (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.". Sept. 1, 1997. 165, Sec. The chairman of the Texas Transportation Commission and the chairman of the State Board of Education shall provide assistance and information relevant to consideration of speed limits to commissioners courts, municipal governing bodies, and other interested persons. PASSING STREETCAR TO LEFT. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. Uninsured Motorist Claims in Texas. 2.05, eff. (3) the vehicle is in clear view for at least 200 feet in each direction on the highway. September 1, 2011. (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. (b) An operator of a vehicle or equipment may not move on or across a track at a railroad grade crossing unless the operator has given notice to a station agent of the railroad and given the railroad reasonable time to provide proper protection at the crossing. Added by Acts 1997, 75th Leg., ch. 1105 (H.B. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. (a) A person who on site observes a violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 may file a report of the violation if the person: (1) is an on-engine employee of a railroad; and. DRIVING THROUGH SAFETY ZONE. 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. June 19, 2009. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. 183), Sec. 27.001(108), eff. 1325, Sec. Explores risk management in medieval and early modern Europe, 2, eff. (B) any fallback maneuvers necessary to respond to a failure of the system. Acts 1995, 74th Leg., ch. September 1, 2019. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 229 (H.B. (1) an operator of an authorized emergency or law enforcement vehicle using a portable wireless communication device while acting in an official capacity; or. (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. (3)remain at the scene of the accident until the operator complies with the requirements (d-1) The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in the jurisdiction of a local authority that is in compliance with Subsection (b-2). 2/11/2015 1.1 R. Holt 3.3.19 Edit Tips 3/26/2015 1.2 R. Holt 3.2.11.9, 3.2.11.11, Texas Department of Transportation . (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. September 1, 2005. (4) awaiting access to a ferry operated by the Texas Transportation Commission. 545.304. Sec. How they occur, who or what causes them, and why they occur are factors the Military Police must determine. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). 1280 (H.B. Acts 2019, 86th Leg., R.S., Ch. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. Sec. Police said the driver of a Cadillac CTS,. 5.68(13), eff. September 1, 2007. Amended by Acts 1997, 75th Leg., ch. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. (2) supersede any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. (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. Added by Acts 2003, 78th Leg., ch. 165, Sec. 663 (H.B. 1201), Sec. 510), Sec. CROSSING PROPERTY. 2, eff. (h-1) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County if the commission determines that 80 miles per hour is a reasonable and safe speed for that part of the highway. June 17, 2005. 545.360. STATE AND LOCAL REGULATION OF LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAYS. (A) a vehicle described by Section 545.305; (C) a hazardous material as defined by 49 U.S.C. September 1, 2007. Section 332. Sept. 1, 1997. 1, eff. 1, eff. 173, Sec. Acts 2007, 80th Leg., R.S., Ch. of a freeway in a metropolitan area and each vehicle involved can be normally and (b) In determining whether a prima facie speed limit on a part of a turnpike constructed and maintained by the authority is reasonable or safe, the authority shall consider the width and condition of the pavement, the usual traffic on the turnpike, and other circumstances. Sept. 1, 1997. (B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time. Sept. 1, 1997. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. (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. 545.402. Sec. 860 (H.B. 545.4252. 20.019, eff. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway. September 1, 2011. PRIMA FACIE SPEED LIMITS. 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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 30.107(c), eff. (B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone. (a) This section applies to an offense committed under Section 545.412. The Texas Department of Transportation shall adopt standards that: (1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; 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. CHAPTER 545. Sec. (5) "Owner" has the meaning assigned by Section 502.001. 5, eff. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. Added by Acts 2005, 79th Leg., Ch. September 1, 2013. Copyright 2023, Thomson Reuters. In this situation, the truck driver failed to take the necessary evasive action, causing an accident that would have otherwise been preventable. Section 332. 19.05, eff. Faulty evasive action always occurs after perception and is the reaction of a driver or pedestrian to a hazardous situation on the highway. 1353), Sec. Faulty evasive action: 21,055; Driving under the influence of drugs: 3,148; September 1, 2011. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivision. As a factor contributing to the accident, the police report listed faulty evasive action by Griffin. First, they encourage drivers to always be on the lookout for possible accidents but also escape routes. June 18, 1997; Acts 2003, 78th Leg., ch. ADDITIONAL PARKING REGULATIONS. 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. Sec. 545.4191. Acts 2011, 82nd Leg., R.S., Ch. (a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. 3, eff. 51.014(a)(5), (8) (West 2008); City of Houston v. . (5) to a railroad track used exclusively for industrial switching purposes in a business district. 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. (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. 316, Sec. Contact us. 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. (5) if standing on a grade, turning the front wheels to the curb or side of the highway. Stay up-to-date with how the law affects your life. (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. (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. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions. 55), Sec. Sec. An offense under this subsection is a Class C misdemeanor. The notice must be published at least 12 days before the date of the hearing. benefit of his course of action when he violates a traffic law during moving surveillance requires merely the . (C) in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur; (2) the person operating or towing the vehicle did not know that another person occupied the trailer or semitrailer; or. (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. Cite this article: FindLaw.com - Texas Transportation Code - TRANSP 550.022. Sec. 1, eff. Sec. (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. 128 (H.B. 545.0652. 165, Sec. 183), Sec. September 1, 2021. (b) This section does not apply to an operator of: (1) a vehicle that is disabled while on the paved or main traveled part of a highway if it is impossible to avoid stopping and temporarily leaving the vehicle on the highway; (2) a vehicle used exclusively to transport solid, semisolid, or liquid waste operated at the time in connection with the removal or transportation of solid, semisolid, or liquid waste from a location adjacent to the highway; or. 30.107(d), eff. Sec. All rights reserved. 1061, Sec. Sept. 1, 2003. 1021 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (f) The department's executive director or the executive director's designee may suspend or rescind approval under this section for one or more of the following reasons: (g) The department shall erect and maintain official traffic-control devices necessary to implement and enforce an order issued and approved under this section. (a-2) Notwithstanding Subsection (a-1), a person under 18 years of age may operate a moped after midnight and before 5 a.m. if the person is in sight of the person's parent or guardian. Acts 2005, 79th Leg., Ch. 265 (H.B. ( a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances: ( 1) Any 21 CFR 1308.11 Schedule I substance; ( 2) An amphetamine or any formulation thereof (including, but not limited, to "pep pills," and "bennies"); ( 3) A narcotic drug or any derivative thereof; or 545.358. (C) approved under Title 23, United States Code. Acts 2005, 79th Leg., Ch. 1899), Sec. 545.2535. 545.002. (2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice. An offense under this subsection is: (1)a Class C misdemeanor, if the damage to all vehicles is less than $200; or. (b) An operator of a vehicle equipped with solid rubber or cushion tires may not drive at a speed of more than 10 miles per hour. Sept. 1, 1995. September 1, 2021. 30.114(a), eff. September 1, 2011. Sept. 1, 1997. (2) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system under Section 545.412(a). An operator emerging from an alley, driveway, or building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid collision; and. (2) may not exceed 15 feet between the vehicles except for a connection between two vehicles transporting poles, pipe, machinery, or other objects of structural nature that cannot readily be dismembered. (a) An operator of a motorcycle or moped shall ride on the permanent and regular seat attached to the motorcycle or moped. Acts 1995, 74th Leg., ch. 32.16% of traffic fatalities were classified as single vehicle, run-off-the-road crashes; and 15,843 people sustained serious personal injuries. Acts 2011, 82nd Leg., R.S., Ch. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. (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. 2, eff. (a) Except as provided by Subsection (b), an operator may not leave a vehicle unattended without: (4) setting the parking brake effectively; and. Acts 2009, 81st Leg., R.S., Ch. Posted on Aug 16, 2016. (d) A county or municipality receiving a petition under Subsection (c) may condition the posting of the signs on payment by the residents of the residential subdivision of the cost of providing the signs. 2, eff. (i) If an order is adopted in accordance with this section, the commission and all governmental authorities responsible for the maintenance of highway speed limit signs shall take appropriate action to conceal or remove all signs that give notice of a speed limit of more than the one contained in the order and to erect appropriate signs. 2194), Sec. September 1, 2021. 1419, Sec. 716 (H.B. (b) An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058. Sec. (2) as the operator of a school bus equipped with a safety belt for the operator's seat, the person is not secured by the safety belt. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. (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. (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. Prac. 537), Sec. Notwithstanding Article 18.23, Code of Criminal Procedure, the owner of a motor vehicle that is removed or stored under this subsection is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid. (e) In this section, "safety chains" means flexible tension members connected from the front of a drawn vehicle to the rear of the drawing vehicle to maintain connection between the vehicles if the primary connecting system fails.
by 