(d) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred. RECKLESS DRIVING; OFFENSE. (A) a vehicle described by Section 545.305; (C) a hazardous material as defined by 49 U.S.C. (2) with more than one passenger in the vehicle under 21 years of age who is not a family member. DRIVING ON ROADWAY LANED FOR TRAFFIC. (4) "Secured," in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of: (A) the manufacturer of the vehicle, if the safety belt is original equipment; or. 910, Sec. 165, Sec. Text of subsection effective until June 01, 2023. (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. (a) A peace officer listed under Article 2.12, Code of Criminal Procedure, or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle: (1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (4) is identified as having been stolen in a warrant issued on the filing of a complaint; (5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: (A) incapacitated and unable to provide for the vehicle's removal or custody; or. June 18, 1999. (c) It is a defense to prosecution under this section that the person was: (1) operating or towing the vehicle in a parade or in an emergency; (2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; (4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or. 5.68(12), eff. 545.406. (a) The regulation of the speed of a vehicle under this subchapter does not apply to: (3) a physician or ambulance responding to an emergency call. (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. 3, eff. (g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury. (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. Evasive action is necessary to keep other drivers safe on the road and avoid unnecessary harm. (2) show the proper method to attach safety chains between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle. Acts 2007, 80th Leg., R.S., Ch. (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. Acts 2019, 86th Leg., R.S., Ch. To the extent of any conflict between the ordinance and Subsection (a)(1), the ordinance controls. COUNTY RESTRICTION ON USE OF HIGHWAY. She skids over the ice and loses control of her vehicle. 1, eff. (j) A change in speed limits under this section is effective until the commission makes a finding that the conditions in Subsection (c) require or authorize an additional change in those speed limits or in the highway or sections of highway to which those speed limits apply. 62), Sec. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. (e) The Texas Transportation Commission, for a state highway, the Texas Turnpike Authority, for any part of a turnpike constructed and maintained by the authority, and a local authority for a highway under the jurisdiction of the local authority, may investigate a bridge or other elevated structure that is a part of a highway. 548), Sec. All governmental entities responsible for administering traffic safety programs and enforcing traffic laws shall use all available resources to notify the public of the effect of the order. (a) This section applies only to the following vehicles: (1) a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702; (2) a stationary tow truck using equipment authorized by Section 547.305(d); (3) a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated pursuant to a contract awarded under Subchapter A, Chapter 223, not separated from the roadway by a traffic control channelizing device and using visual signals that comply with the standards and specifications adopted under Section 547.105; (4) a service vehicle used by or for a utility, as defined by Section 203.091, and using visual signals that comply with the standards and specifications adopted under Section 547.105; (5) a stationary vehicle used exclusively to transport municipal solid waste, as defined by Section 361.003, Health and Safety Code, or recyclable material, as defined by Section 361.421, Health and Safety Code, while being operated in connection with the removal or transportation of municipal solid waste or recyclable material from a location adjacent to the highway; and. 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. 255 (S.B. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. (2) "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code. Vehicle Equipment. Amended by Acts 1997, 75th Leg., ch. Refreshed: 2021-06-07. (2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. 913 (H.B. (a) This section applies only to: (1) a crawler-type tractor, steam shovel, derrick, or roller; and. Amended by Acts 1997, 75th Leg., ch. June 14, 2001; Acts 2003, 78th Leg., ch. 1101 (H.B. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. The operator may not shift gears while crossing the track. (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. benefit of his course of action when he violates a traffic law during moving surveillance requires merely the . Amended by Acts 1999, 76th Leg., ch. If a vehicle driving ahead of you brakes unexpectedly or if you see a driver skidding across multiple lanes of traffic, you have a duty to stop and try your best to prevent a collision. Added by Acts 1997, 75th Leg., ch. (a) A person under 18 years of age may not operate a motor vehicle while using a wireless communication device, except in case of emergency. (B) five miles per hour when the posted speed limit is less than 25 miles per hour. (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. 9, eff. This basic coverage is intended to pay for property damage, medical . (b) The commissioners court of a county may declare a lower speed limit of not less than: (1) 30 miles per hour on a county road or highway to which this section applies, if the commissioners court determines that the prima facie speed limit on the road or highway is unreasonable or unsafe; or, (A) in a residence district, unless the roadway has been designated as a major thoroughfare by a city planning commission; or. (1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and. (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. 5, eff. 545.364. 128 (H.B. Motor Carrier Registration: Transportation Code Chapter 643. Acts 2021, 87th Leg., R.S., 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 or visual signal, an operator, unless otherwise directed by a police officer, shall: (2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and. Sec. 1518, Sec. (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. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). September 1, 2019. 545.308. A new limit that is adopted for a turnpike project constructed and maintained by the authority in accordance with this section is effective at all times or at other times as determined. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995. 265 (H.B. September 1, 2009. (2) another reasonable and safe speed because of wet or inclement weather. RACING ON HIGHWAY. Sec. (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. (a) A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 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 . 1560), Sec. Sec. 2, eff. 1, eff. Acts 1995, 74th Leg., ch. September 1, 2017. (2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense. 545.057. (2) If an authority determines from the results of an engineering and traffic investigation that a prima facie speed limit described in this subchapter is unreasonable or unsafe on a part of a turnpike constructed and maintained by the authority, the authority by order recorded in its minutes shall determine and declare a reasonable and safe prima facie speed limit for vehicles or classes of vehicles on the turnpike.
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