(c) The commission by rule shall establish standards for determining lower speed limits within a set range. 6 (S.B. 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. Amended by Acts 1997, 75th Leg., ch. 1, eff. (d) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and. 165, Sec. (e) In this section, "household" has the meaning assigned by Section 71.005, Family Code. 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. 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. Sept. 1, 2003. 803, Sec. (2) "Wireless communication device" has the meaning assigned by Section 545.425. (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. unsafe speeding, and faulty evasive action. 1, eff. 1331, Sec. (5) to a railroad track used exclusively for industrial switching purposes in a business district. The Texas Department of Transportation reports the leading causes of statewide traffic accidents in 2017 included: Failed to control speed: 33,593; Driver inattention: 18,477; Failed to drive in lane: 12,716; . 923 (H.B. Sec. 2682), Sec. 1061, Sec. (b) Subsection (a) does not prohibit the operation of a motor vehicle on a hike and bike trail in connection with maintenance of the trail. (D) the name, address, and telephone number of the person filing the report. (2) post and maintain signs before each end of the structure stating the maximum speed. (E) an unattended manufactured home as defined by Section 1201.003, Occupations Code. (2) in a manner similar to using a two-way radio. 1, eff. Added by Acts 2003, 78th Leg., ch. (f) A temporary speed limit established under this section: (A) the 45th day after the date the limit becomes effective; or, (B) the date on which the district engineer determines that the maintenance activity has been completed and all equipment has been removed from the maintenance activity site; and. Sec. 3286), Sec. 545.355. (2) may not move back to the right side of the roadway until safely clear of the passed vehicle. Site Management texas traffic code faulty evasive action Acts 2013, 83rd Leg., R.S., Ch. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. requirements of Section 550.023 and minimize interference with freeway traffic. 204, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 3483), Sec. (d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury. 545.255. 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. (a) An operator of a motorcycle or moped shall ride on the permanent and regular seat attached to the motorcycle or moped. COUNTY RESTRICTION ON USE OF HIGHWAY. (2) supersede any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. 1, eff. (d) Compliance or noncompliance with Subsection (a) is not admissible evidence in a civil trial. Acts 2021, 87th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire. Sept. 1, 1999; Acts 1999, 76th Leg., ch. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions. 545.157. (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. 661 (H.B. (e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may: (1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and. If you're 50 percent at fault, your damages are reduced by 50 percent in comparative negligence states. Acts 2009, 81st Leg., R.S., Ch. (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. Texas Transportation Code Sec. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. 1358 (H.B. 4, Sec. (b) A person commits an offense if the person with criminal negligence: (1) operates a motor vehicle within the area of a crosswalk; and. September 1, 2013. (d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. September 1, 2019. Acts 2011, 82nd Leg., R.S., Ch. (a) An operator of a moped or a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less may not drive at a speed of more than 35 miles per hour during the time specified by Section 547.302(a) unless the motorcycle or moped is equipped with a headlamp or lamps that reveal a person or vehicle 300 feet ahead. (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. June 19, 1999. 545.4252. in narrative) 48-impaired visibility (exp. Lack of evasive action occurs when a driver fails to take reasonable steps to avoid a foreseeable accident. 30.107(b), eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. 1201), Sec. 265 (H.B. 1, eff. Source: Texas Centers for Border Economic and Enterprise Development, Bureau of Transportation Statistics, TransBorder Freight Data Source: TxDOT CRIS Data . 545.420. (a) A person commits an offense if the person uses the person's body, a car, or a barricade to knowingly impede or otherwise interfere with a peace officer's investigation of conduct prohibited under Section 545.420 or a reckless driving exhibition, as defined by Section 42.03, Penal Code. (2) receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice. DISMISSAL; OBTAINING CHILD PASSENGER SAFETY SEAT SYSTEM. (b) If a roadway is divided into three lanes and provides for two-way movement of traffic, an operator on the roadway may not drive in the center lane except: (1) if passing another vehicle and the center lane is clear of traffic within a safe distance; (2) in preparing to make a left turn; or. PASSING TO THE LEFT: PASSING ZONES. (C) the visual signal is no longer actuated. 1, eff. Amended by Acts 1997, 75th Leg., ch. (c) An order or ordinance 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. (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. (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. 545.3535. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for an offense under this subchapter involving the stopping, standing, or parking of an unattended motor vehicle it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. (2) operating the motor vehicle on a beach. ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS. (e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that: (1) the person has previously been convicted one time of an offense under that subsection; or. 882 (H.B. 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). 19 (H.B. 1146 (H.B. On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left. Sept. 1, 1997. By keeping an eye on your surroundings and paying attention to other drivers actions, you can avoid a preventable accident before it is too late. September 1, 2021. 5, eff. This is called comparative fault. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE. 1, eff. September 1, 2017. (B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction. . (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. TxDOT has referenced the American National Standard (ANSI) D16.1,1996 Manual on Classification of Motor Vehicle Traffic Accidents, the 2003 A lane restriction may not be enforced until the appropriate traffic control devices are in place. September 1, 2019. (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. Sec. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. By Mike Curley Law360 (October 18, 2021, 7:42 PM EDT) -- A Houston jury has hit FedEx Freight Inc. with a $30 million verdict in a wrongful death suit filed by the sons of a man who died in a. 782 (S.B. (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. Sec. (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. 4 (S.B. 1, eff. 30.107(c), eff. 1, eff. Can You Change Lawyers During a Personal Injury Lawsuit? 3050), Sec. 1, eff. In this subsection, "triple saddle-mount method" means the mounting of the front wheels of trailing vehicles on the bed of another vehicle while leaving the rear wheels only of the trailing vehicles in contact with the roadway. Sec. 910, Sec. 3, eff. June 19, 2009. Amended by Acts 1997, 75th Leg., ch. 161 (S.B. 547. 1093), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. We answer the phones 24/7. Sec. 1172 (H.B. (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. (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. RESTRICTION ON USE OF HIGHWAY IN MAINTENANCE OR CONSTRUCTION WORK ZONE. (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. As unsafe conditions and unsafe acts are the primary causes of property damage and injuries, the Department is dedicated to providing safe equipment and safe conditions for employee performance. (e) The commissioners court of a county with a population of more than 2.8 million may establish from the results of an engineering and traffic investigation a speed limit of not more than 75 miles per hour on any part of a highway of that county that is a limited-access or controlled-access highway, regardless of the location of the part of the highway. Acts 1995, 74th Leg., ch. 545.0652. September 1, 2021. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL. Amended by Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997. (f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles. (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. (2) leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger. (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. (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.