texas traffic code faulty evasive action

5.68(12), 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. Sec. An offense under this subsection is a Class C misdemeanor. 1, eff. (a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person. (c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is: (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed; (2) a Class A misdemeanor if the person causes serious bodily injury to another; or. Amended by Acts 1999, 76th Leg., ch. (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. (d) Before adopting an ordinance, a municipality shall submit to the department a description of the proposed restriction. Acts 1995, 74th Leg., ch. Another driver is approaching an intersection and notices the other driver careening across the road. 1, eff. 165, Sec. (f) Except as provided by Subsection (b-2), this section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle. 1257), Sec. Sept. 1, 2003. (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. 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. Acts 2011, 82nd Leg., R.S., Ch. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS. Acts 2009, 81st Leg., R.S., Ch. 165, Sec. 814, Sec. (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. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE. 545.302. TOWING SAFETY CHAINS. (b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless: (2) the wireless communication device is used with a hands-free device. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 545.3075. (b) A municipality by ordinance may regulate the speed of: (2) an emergency medical services vehicle; or. of a freeway in a metropolitan area and each vehicle involved can be normally and (e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section. September 1, 2013. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible signal, the operator of a streetcar shall immediately stop the streetcar clear of any intersection and remain there until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. Sept. 1, 2003. 1, eff. s Crash Report Code Sheet Texas Peace Officer 3Refer to the Numbered Lists Numbered Fields on the CR the form t Q ti O Form CR 3CS 111 2010 2 Roadway Part 3 Street Prefix IH Interstate AL Alternate 1 MainlProper Lane US SP Spur 2 ServicelFrontage US Highway SH State Highwa y CR County FM Farm to PR Park Market Road 3 Road 4 PV . (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. 1353), Sec. Acts 2011, 82nd Leg., R.S., Ch. 7, eff. (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and. 545.409. 548), Sec. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivision. (c) The commission by rule shall establish standards for determining lower speed limits within a set range. the requirements of Subsection (a). 846, Sec. 545.4165. (g) If the governor's proclamation states that the facts necessary to support the issuance of the commission's order exist, the order takes effect according to Subsection (h). Sec. Committees. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . 165, Sec. 551.104 (b) No Red Reflector or Red Light of Defective Reflector or Red Light on Rear of Bicycle or Moped - Nighttime. (d) The commissioners court may modify a prima facie speed limit in accordance with this section only by an order entered on its records. 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. (c) A local authority by ordinance may permit angle parking on a roadway. Sec. Acts 1995, 74th Leg., ch. 1759), Sec. (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. Acts 1995, 74th Leg., ch. 545.452. (a) An operator passing to the right of a streetcar stopped or about to stop to receive or discharge a passenger shall: (1) stop the vehicle at least five feet to the rear of the nearest running board or door of the streetcar; and. (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. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions. Sec. 1, eff. 357 (S.B. Added by Acts 2003, 78th Leg., ch. 1756), Sec. Sec. COUNTY RESTRICTION ON USE OF HIGHWAY. 1042, Sec. (b-1) Except as provided by Subsection (b-2), a local authority that enforces this section in a school crossing zone in the local authority's jurisdiction shall post a sign, or approve the posting of a sign by a school or school district, that complies with the standards described by this subsection at each entrance to the school crossing zone. 2.05, eff. 576, Sec. 165, Sec. Sept. 1, 2001. (c) An operator may not light the signals on only one side of the vehicle on a parked or disabled vehicle or use the signals as a courtesy or "do pass" signal to the operator of another vehicle approaching from the rear. 1, eff. 1, eff. (C) the visual signal is no longer actuated. 545.427. Amended by Acts 1997, 75th Leg., ch. 183), Sec. FOLLOWING DISTANCE. 545.055. (d) To turn left, an operator who is approaching an intersection having a roadway designated for one-way traffic and for which signs are posted from a roadway designated for one-way traffic and for which signs are posted shall make the turn as closely as practicable to the left-hand curb or edge of the roadway. 5.68(12), eff. at the scene of the accident; and. 2, eff. September 1, 2011. FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR AMBULANCE. (f) If the commission enters an order under this section, it shall file the order in the office of the governor. In the event of an accident involving an automated motor vehicle, the automated motor vehicle or any human operator of the automated motor vehicle shall comply with Chapter 550. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . DUTY ON STRIKING UNATTENDED VEHICLE. 3, eff. Sec. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. (2) may not be extended unless established by the Texas Transportation Commission under Section 545.353. Sec. (3) the number of vehicular accidents that resulted in injury or death and were attributable to speed limit violations on the highway or part of the highway. (2) "Golf cart" has the meaning assigned by Section 551.401. CONSIDERATION OF SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. 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). (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. 1, eff. (a) This section applies to an offense committed under Section 545.412. Amended by Acts 1999, 76th Leg., ch. (3) the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation. 1294), Sec. 1, eff. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE NEAR CERTAIN APARTMENT COMPLEXES. September 1, 2009. (2) "Automated motor vehicle" means a motor vehicle on which an automated driving system is installed. 1518, Sec. Sept. 1, 1997. (b) An operator may not drive on or cross a streetcar track in an intersection in front of a streetcar crossing the intersection. (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. According to Texas statute, a person can be found guilty of reckless driving on a private road or even in a parking lot. 2048), Sec. (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) Without regard to the center of the roadway, an official traffic-control device may be erected directing slow-moving traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction. 545.4145. (B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle. Sept. 1, 2001; Acts 2003, 78th Leg., ch. OPERATION OF SCHOOL BUS. 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. Sec. Sec. Sept. 1, 1995. 1034, Sec. (e) In a prosecution under this section, proof that at the time of the offense a train or other on-track equipment was in hazardous proximity to the crossing and that the train or other equipment was plainly visible to the operator is prima facie evidence that it was not safe for the operator to proceed. (d) This section does not apply at a railway grade crossing in a business or residence district. Under Texas law, drivers have a responsibility to keep an eye out for potential hazards on the road and take steps to avoid an accident when possible. CROSSING FIRE HOSE. INTERFERENCE WITH PEACE OFFICER INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; CRIMINAL OFFENSE. 545.353. 1, eff. RA 6539 - Anti-Carnapping Act of 1972. 2, eff. Sec. (c) An operator moving around a rotary traffic island shall drive only to the right of the island. 165, Sec. Amended by Acts 1997, 75th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1353), Sec. 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. 2837), Sec. Added by Acts 2005, 79th Leg., Ch. (a) The commissioners court of a county with a population of 3.3 million or more shall by ordinance provide for the licensing of or the granting of a permit to a person to remove or store a vehicle authorized by Section 545.305 to be removed in an unincorporated area of the county. September 1, 2017. June 17, 2011. (c) The commissioners court may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 70 miles per hour. 2194), Sec. Source: Texas Centers for Border Economic and Enterprise Development, Bureau of Transportation Statistics, TransBorder Freight Data Source: TxDOT CRIS Data . (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) within 50 feet of the nearest rail of a railroad crossing; or. On top of that, a traffic related fatality had occurred every 2 hours and 21 minutes. 347), Sec. 2, eff. (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. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway. (B) was in possession of an open container, as defined by Section 49.031, Penal Code. (1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or. 2257), Sec. Sec. September 1, 2005. (1) before the seventh day after the date a report under this section is filed, initiate an investigation of the alleged violation; and. (c) Subsection (b) does not apply when passing to the right is permitted. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY. The commissioners court may not enforce the restrictions unless: (1) the department's executive director or the executive director's designee has approved the restrictions; and. 545.425. 923 (H.B. Finally, weather conditions can also play a part, such as rain making the roads slick, sleet or fog. (2) post and maintain signs before each end of the structure stating the maximum speed. (d) Except as provided by Subsection (e), an operator may not carry another person on a motorcycle or moped unless the other person is at least five years of age. 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. (f) In this section, "wireless communication device" means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C. If your damages total $4,000, for example, you would be entitled to collect no more than $2,000. (a) An operator passing another vehicle: (1) shall pass to the left of the other vehicle at a safe distance; and. We will always provide free access to the current law. September 1, 2013. Section 5102 and its subsequent amendments; (D) a hazardous substance as defined by Section 26.263, Water Code; or. June 1, 2023. METHOD OF GIVING HAND AND ARM SIGNALS. 2, eff. He hit Jackson from behind, throwing the 6-foot, 195-pound man nearly . (2) at a crossover or intersection established by a public authority. 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). 545.4251. Investigators said Hernandez "performed a faulty evasive action" by driving onto the sidewalk to avoid colliding with a car. (a)Except as provided by Subsection (b), the operator of a vehicle involved in an 1, eff. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . (b) After stopping as required by Subsection (a), an operator described by Subsection (a) shall proceed without manually shifting gears while crossing the track. 2, eff. Sec. Posted in Car Accident,Driving Safety Tips on June 2, 2021. (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. 30.108(a), eff. (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. 87 (S.B. 183), Sec. 3, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (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. (f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located. The commission may revise the procedure to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public. Added by Acts 2011, 82nd Leg., R.S., Ch. (3) the vehicle is in clear view for at least 200 feet in each direction on the highway. (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. (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. (3) may not proceed until it is safe to do so. unsafe speeding, and faulty evasive action. 30.111, eff. (j) The commission may not determine or declare, or agree to determine or declare, a prima facie speed limit for environmental purposes on a part of the highway system. | https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/. 1325, Sec. (b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit. 30.114(a), eff. Acts 2011, 82nd Leg., R.S., Ch. 860 (H.B. Sec. 545.154. The Federal Motor Carrier Safety Administration offers a few tips for evasive maneuvering. 30.115(a), eff. Common Pedestrian Accidents Caused by Distractions. (B) a regional transportation authority operating under Chapter 452. 1438, Sec. (a) An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic. TXDOT CODE SHEET. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. (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. An offense under this subsection is: (1)a Class C misdemeanor, if the damage to all vehicles is less than $200; or. Tex. In this chapter, a reference to an operator includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle. 2682), Sec. Text of subsection effective until June 01, 2023. Sec. No ticket was issued. of Section 550.023. 545.4191. September 1, 2021. Acts 1995, 74th Leg., ch. September 1, 2011. Sept. 1, 1995. DRIVING ON STREETCAR TRACKS. Sec. 327, Sec. Cite this article: FindLaw.com - Texas Transportation Code - TRANSP 550.022. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2.07, eff. 1044 (H.B. Air North Texas Coalition; Air Quality Technical Committee; 1, eff. (c) A prima facie speed limit that is altered by the governing body of a municipality under Subsection (b), (b-1), or (b-3) is effective when the governing body erects signs giving notice of the new limit and at all times or at other times as determined. Sec. 545.201. (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. Sec. 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. 2730), Sec. (2) with more than one passenger in the vehicle under 21 years of age who is not a family member. (b) An automated motor vehicle may not operate on a highway in this state with the automated driving system engaged unless the vehicle is: (1) capable of operating in compliance with applicable traffic and motor vehicle laws of this state, subject to this subchapter; (2) equipped with a recording device, as defined by Section 547.615(a), installed by the manufacturer of the automated motor vehicle or automated driving system; (3) equipped with an automated driving system in compliance with applicable federal law and federal motor vehicle safety standards; (4) registered and titled in accordance with the laws of this state; and. Acts 2011, 82nd Leg., R.S., Ch. If a flagger is provided by the railroad, the operator shall move the vehicle or equipment over the crossing at the flagger's direction. 5, eff. 229 (H.B. 1759), Sec. 814, Sec. DUTIES FOLLOWING ACCIDENT INVOLVING AUTOMATED MOTOR VEHICLE. (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. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. June 21, 2003. Sept. 1, 1997; Acts 1997, 75th 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. 449), Sec. (5) the operator is required to stop by: (C) an official traffic-control device; or. Sec. 467 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (c) If appropriate signs are erected giving notice of a minimum speed limit adopted under this section, an operator may not drive a vehicle more slowly than that limit except as necessary for safe operation or in compliance with law. 1253 (H.B. 1607), Sec. (g) The department shall erect and maintain official traffic control devices necessary to implement and enforce an order adopted or an ordinance adopted and approved under this section. (b-2) Subsection (b-1) applies only to a two-lane, undivided highway or part of a highway. (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. Police said the driver of a Cadillac CTS,. (4) awaiting access to a ferry operated by the Texas Transportation Commission. Acts 2009, 81st Leg., R.S., Ch. Sec. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. (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. (3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving. 265, Sec. Acts 1995, 74th Leg., ch. (a) An operator may not drive on or cross a railroad grade crossing unless the vehicle being operated has sufficient undercarriage clearance. 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. 545.101. Acts 2013, 83rd Leg., R.S., Ch. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible (3) "Motor-assisted scooter" has the meaning assigned by Section 551.351. 204, Sec. Vehicle Code (Traffic Laws) Vehicle Owner's Manual ; Velocitation ; Warning Signs ; Work Zone (or road construction) Yield ; Zero Tolerance Law ; . Acts 2017, 85th Leg., R.S., Ch. (A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or. September 1, 2013. Added by Acts 2001, 77th Leg., ch. Added by Acts 2021, 87th Leg., R.S., Ch. (A) has been issued a permit under Subchapter C, Chapter 2308, Occupations Code; and. . 545.066. (a) An operator may not stop, stand, or park a vehicle: (1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street; (5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings; (6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic; (7) on a bridge or other elevated structure on a highway or in a highway tunnel; (9) where an official sign prohibits stopping. 1346, Sec. in narrative) 47-ill (exp. September 1, 2009. September 1, 2011. (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.

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