The officer giving the signal must be in uniform and prominently display the officer's badge of office. Acts 2013, 83rd Leg., R.S., Ch. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and, (3) the operator is on a roadway divided into three marked lanes for traffic; or. (c) If conduct constituting 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. Can I Get a Concussion Without Hitting My Head? 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. (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. 545.154. 2682), Sec. 2, eff. 1, eff. 545.415. (2) another reasonable and safe speed because of wet or inclement weather. (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. USE OF REST AREA: OFFENSE. A municipality, county, or designated official shall comply with the guidelines. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. AUTOMATED MOTOR VEHICLE OPERATION. Amended by Acts 1997, 75th Leg., ch. 545.454. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. Sept. 1, 2001; Acts 2003, 78th Leg., ch. In other words, you must explain to the court, legally speaking, what the driver did wrong. (2) on approaching a curve that obstructs the view of the highway for 200 feet, give warning with the horn of the motor vehicle. 1, eff. No reflector or light on the back of a bicycle or moped at night. (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. SIGNALING TURNS; USE OF TURN SIGNALS. (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. Sec. A person may not move a vehicle that is not lawfully under the person's control: (1) into an area where a vehicle is prohibited under Section 545.302; or. September 1, 2009. 165, Sec. (a) A district engineer of the Texas Department of Transportation may temporarily lower a prima facie speed limit for a highway or part of a highway in a district if the district engineer determines that the prima facie speed limit for the highway or part of highway is unreasonable or unsafe because of highway maintenance activities at the site. Acts 2011, 82nd Leg., R.S., 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. (4) the operator is on a roadway restricted to one-way traffic. 18, eff. (h) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that: (1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and. Sec. 1, eff. (c) The Texas Transportation Commission shall post signs along the approach to a ferry operated by the commission notifying operators that passing is prohibited if there is a standing line of vehicles awaiting access to the ferry. (B) not in the immediate vicinity of the vehicle; (7) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle does not designate a particular towing or storage company; (8) is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or. (c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a flagger warning of the approach or passage of a train or other on-track equipment shall yield the right-of-way to a train or other on-track equipment in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions. Accident Involving Damage to Vehicle on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. September 1, 2011. September 1, 2009. DUTIES FOLLOWING ACCIDENT INVOLVING AUTOMATED MOTOR VEHICLE. An act preventing and penalizing carnapping. (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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (b) An operator when lawfully passing to the left of a streetcar that has stopped to receive or discharge a passenger: (2) may proceed only on exercising due caution for pedestrians; and. (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. CONFLICTING DESIGNATED SPEED LIMITS. 1791), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. June 19, 2015. Sept. 1, 2003. 87 (S.B. September 1, 2021. 166 (H.B. 537), Sec. (b) An operator may not carry another person on the motorcycle or moped, and a person who is not operating the motorcycle or moped may not ride on the motorcycle or moped, unless the motorcycle or moped is: (1) designed to carry more than one person; and. 312, Sec. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". (2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located. Acts 1995, 74th Leg., ch. CHAPTER 545. 165, Sec. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system. DRIVING TO LEFT OF CENTER OF ROADWAY: LIMITATIONS OTHER THAN PASSING. Amended by Acts 2001, 77th Leg., ch. 1, eff. (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). Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer. Generally, the average cost of a speeding ticket ranges from a fine of $150 to $200. Sept. 1, 1995. Sept. 1, 2003. & Rem.Code Ann. (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. Sept. 1, 1995. (a) In this section: (A) a commercial motor vehicle, as defined by Section 522.003, and includes a vehicle meeting that definition regardless of whether the vehicle is used for a commercial purpose; or. 1042, Sec. Sec. STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENCE DISTRICT. 378), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. (d) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred. (B) the police department of a municipality; (C) the sheriff's office of a county; or. 1756), Sec. Sept. 1, 1997. (b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. . 1759), Sec. Acts 2009, 81st Leg., R.S., Ch. RACING ON HIGHWAY. 27.001(108), eff. (B) not later than 72 hours after the violation; (A) an office of the department located in the county in which the violation occurred; (B) the sheriff of the county in which the violation occurred, if the violation occurred in the unincorporated area of the county; or, (C) the police department of a municipality, if the violation occurred in the municipality; and. 58, Sec. 5.68(12), eff. 1, eff. 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; . ADDITIONAL PARKING REGULATIONS. Acts 1995, 74th Leg., ch. (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. 51.014(a)(5), (8) (West 2008); City of Houston v. . (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. (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. Added by Acts 2001, 77th Leg., ch. (a) The governing body of a municipality by ordinance may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower a prima facie speed limit for a highway or part of a highway in the municipality, including a highway of the state highway system, at the site of an investigation using vehicular accident reconstruction. 545.052. 3225), Sec. When you drive below the speed limit and slower than the traffic around you, you force other drivers to either slow down or pass you, and the more often cars pass each other, the more likely they are to collide. 545.2535. (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. Sec. (h) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. (1-a) "Department" means the Texas Department of Transportation. (a) A person commits an offense if the person remains at a rest area for longer than 24 hours or erects a tent, shelter, booth, or structure at the rest area and the person: (1) has notice while conducting the activity that the activity is prohibited; or. (a) Before crossing a railroad grade crossing, an operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo and that is moving at a speed of more than 20 miles per hour: (1) shall reduce the speed of the vehicle to 20 miles per hour or less before coming within 200 feet of the nearest rail of the railroad; (2) shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment; and. Sec. September 1, 2009. (d) This section does not apply to a trailer, semitrailer, house trailer, or drawn motor vehicle that is operated in compliance with the federal motor carrier safety regulations. Sept. 1, 1997. The Houston Police Department recently released body cam footage of an officer driving onto the sidewalk during a vehicle pursuit and fatally striking an innocent 62-year-old man. Sec. (6) where an official sign prohibits standing. January 1, 2008. September 1, 2019. MOVING A PARKED VEHICLE. (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. PASSING STREETCAR TO LEFT. 1560), 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. 1, eff. 814, Sec. 545.421. 913 (H.B. what is the oldest baseball bat company? (3) "Open-enrollment charter school" has the meaning assigned by Section 5.001, Education Code. 3171), Sec. September 1, 2021. Sec. 545.4191. 2, eff. June 20, 2003. This subsection does not prohibit a driver from crossing pavement striping, or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway. 424 (S.B. September 1, 2011. The Federal Motor Carrier Safety Administration offers a few tips for evasive maneuvering. (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. 545.428. 3, eff. 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. (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. 578 (H.B. 1438, Sec. 1759), Sec. Tex. Civ. (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. (5) "Owner" has the meaning assigned by Section 502.001. Sept. 1, 2001. Sept. 1, 2003. 2, eff. Acts 2021, 87th Leg., R.S., Ch. A restriction approved under this section may not be enforced until the appropriate traffic control devices are in place. (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. Faulty Evasive Action.
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