The court shall set the number of hours of service under this subsection. (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. This is called comparative fault. (a) In this section: (1) "Hands-free device" means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device. 1111 (H.B. Sec. September 1, 2013. Text of subsection effective on June 01, 2023. 2, eff. 1), Sec. (2) "Highway" means a public highway that: (A) is in the designated state highway system; (B) is designated a controlled access facility; and. September 1, 2019. 545.156. 545.365. (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. (i) A peace officer who stops a motor vehicle for an alleged violation of this section may not take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless authorized by the Code of Criminal Procedure, the Penal Code, or other law. June 19, 2015. Uninsured Motorist Claims in Texas | Adame Garza LLP (b-1) Except as provided by Subsection (b-3), the governing body of a municipality, for a highway or a part of a highway in the municipality 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 25 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe. Amended by Acts 1997, 75th Leg., ch. USE OF WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE OR WHILE OPERATING A BUS WITH A MINOR PASSENGER; LOCAL AUTHORITY SIGN REQUIREMENTS; OFFENSE. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. Sec. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. 1325, Sec. 1, eff. (b) A person commits an offense if the person with criminal negligence: (1) operates a motor vehicle within the area of a crosswalk; and. (e) A temporary speed limit established under this section: (f) A designated official who temporarily lowers a speed limit shall: (1) place and maintain at the vehicular accident reconstruction site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001; (2) temporarily conceal all other signs on the highway segment affected by the vehicular accident reconstruction site that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. (b) An operator who stops or parks on a one-way roadway shall stop or park the vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within 18 inches of the right-hand curb or edge of the roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway. Sept. 1, 1999. (b) If a county road outside the state highway system is located within 500 feet of a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education that is not in a municipality, the commissioners court of the county, 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 the prima facie speed limit on the road near the school or institution of higher education. 5, eff. 265 (H.B. 30.112(a), eff. 1756), Sec. 920, Sec. (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. (C) approved under Title 23, United States Code. 1, eff. 1093), Sec. (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. (f) If the commission enters an order under this section, it shall file the order in the office of the governor. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 347), Sec. Sept. 1, 1997. 1522), Sec. (b) It is a defense to prosecution under this section that the person was: (1) operating the motor vehicle in a parade or in an emergency; or. ( 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 (c) A municipal governing body or commissioners court, on request of the governing body of a school or institution of higher education, may hold one public hearing for all public and private elementary and secondary schools, open-enrollment charter schools, and institutions of higher education in its jurisdiction. (2) the commission determines, after an engineering and traffic investigation, that the established speed limit is reasonable and safe for that part of the highway system. (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and. Instead of stopping his vehicle and avoiding the accident, the second driver continues to drive through the intersection because he believes that he has the right of way. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (3) a Class B misdemeanor if the violation results in bodily injury. 30.107(b), eff. 1201), Sec. We answer the phones 24/7. 3190), Sec. (a) This section applies only to: (1) a crawler-type tractor, steam shovel, derrick, or roller; and. Sec. (f) The department's executive director or the executive director's designee may suspend or rescind approval of any restrictions approved under Subsection (d) for one or more of the following reasons: (3) a geometric change in roadway configuration; (4) construction or maintenance activity; or. 1759), Sec. 1, eff. Car Accident Lawyers - Hartley Law Firm Sec. What are Factors and Conditions in Texas Crash Reports (a) On a highway having two or more roadways separated by a space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, an operator shall drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer. Below you will find links to traffic laws and driving rules in Texas -- including the online vehicle code, statutes on common traffic violations, and state-specific driving manuals (where available). 3871), Sec. STATE AND LOCAL REGULATION OF LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAYS. (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. 923 (H.B. (c) It is an affirmative defense to prosecution of an offense under this section that the operator used a portable wireless communication device: (1) in conjunction with a hands-free device, as defined by Section 545.425; (2) to navigate using a global positioning system or navigation system; (3) to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application; (4) to read an electronic message that the person reasonably believed concerned an emergency; (5) that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator's occupational duties between the operator and: (B) a digital network or software application service; or. 1, eff. (2) the appropriate traffic-control devices are in place. (e) To the extent of any conflict between Subsection (a) or (b) and a municipal ordinance adopted under Section 545.302(g), the ordinance controls. (repealed by RA 10883) . 973 (S.B. The most dangerous roads in Houston and Harris County in 2018 - Chron Sec. (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. 1171, Sec. 9, eff. Sept. 1, 1997. 545.409. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. September 1, 2017. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. Traffic Management and Accident Investigation Reviewer | Bigwas 1, eff. Acts 2019, 86th Leg., R.S., Ch. (2) "Highway" means a public roadway that: (C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic. COPYRIGHT 2023 De La Garza | disclaimer. Sec. Acts 1995, 74th Leg., ch. 1042, Sec. 1021 (H.B. (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. USE OF REST AREA: OFFENSE. October 21, 2021. 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. HOUSTON - A Houston jury returned a $30 million verdict last week against FedEx Freight Inc. in a wrongful death suit filed by the sons of a man who died in a 2018 collision involving one of the company's truck drivers. 2, eff. DEFINITIONS TRANSPORTATION CODE SUBTITLE C. RULES OF THE ROAD CHAPTER 541. September 1, 2021. 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. 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. Sept. 1, 2003. (e) Before the commission may enter an order establishing a prima facie speed limit, it must hold a public hearing preceded by the publication in at least three newspapers of general circulation in the state of a notice of the date, time, and place of the hearing and of the action proposed to be taken. Sec. TURNING ON CURVE OR CREST OF GRADE. Added by Acts 2007, 80th Leg., R.S., Ch. PASSING TO THE RIGHT. (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. JetBlue pilot landing in Boston averts potential collision (C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic that may be part of a single roadway or may be separate roadways that are constructed as an upper and lower deck. (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record. 1419, Sec. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995. (b-1) A person may park a commercial motor vehicle or leave the vehicle parked on a street for which signs are posted as provided by Subsection (c) if the commercial motor vehicle: (1) is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and. Sec. 165, Sec. 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. (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. The rules shall: (1) require safety chains to be strong enough to maintain the connection between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle; and. TOWING SAFETY CHAINS. 923 (H.B. 860 (H.B. Sept. 1, 1995. (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. 1353), Sec. 545.056. Texas Transportation Code for Speeding 545.351. (d) Unless the owner of the reported vehicle believes that to provide the peace officer with the name and address of the individual operating the vehicle at the time of the violation alleged would incriminate the owner, the owner shall, to the best of the owner's ability, disclose that individual's name and address.

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