545.302. 1, eff. (a) This section applies only to: (1) a crawler-type tractor, steam shovel, derrick, or roller; and. 1, eff. 5, eff. May 22, 2015. (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. Inadequate evasive action may be defined as situations when drivers fail to execute a proper evasive maneuver by not using sufficient steering inputs, not braking appropriately, or a combination of insufficient steering and braking inputs. 32.16% of traffic fatalities were classified as single vehicle, run-off-the-road crashes; and 15,843 people sustained serious personal injuries. (2) observes the violation while on a moving engine. CONFIDENTIALITY OF VIOLATION INFORMATION: FUEL CONSERVATION SPEED LIMIT. 3, eff. (a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and: (1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or 165, Sec. 30.107(c), 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. September 1, 2011. 545.417. 265 (H.B. 545.155. Committed to Public Service. 545.151. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway. 545.152. DISMISSAL; OBTAINING CHILD PASSENGER SAFETY SEAT SYSTEM. 545.425. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. September 1, 2011. 1, eff. Single State Registration: Transportation Code Chapter 645. Acts 2011, 82nd Leg., R.S., Ch. (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. For example, if you are driving through a parking lot and a pedestrian suddenly runs out in front of you, you have a responsibility to stop as quickly as possibleeven if the pedestrians actions are technically negligent. 165, Sec. 545.358. (a) In this section: (1) "Commission" means the Texas Transportation Commission. 545.002. Sept. 1, 2003. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. If after conducting the investigation the commission, turnpike authority, or local authority finds that the structure cannot safely withstand vehicles traveling at a speed otherwise permissible under this subtitle, the commission, turnpike authority, or local authority shall: (1) determine and declare the maximum speed of vehicles that the structure can safely withstand; and. (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. (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. (5) covered by motor vehicle liability coverage or self-insurance in an amount equal to the amount of coverage that is required under the laws of this state. (e) On request of the governing body of a school or institution of higher education following a public hearing held under this section, the commissioners court, municipal governing body, or Texas Transportation Commission, as applicable, shall conduct an engineering and traffic investigation for the highway or road that is the subject of the request. Sec. (b) The requirements of Subsections (a)(1), (2), and (3) do not apply to an operator who starts the engine of a vehicle by using a remote starter or other similar device that: (1) remotely starts the vehicle's engine without placing the key in the ignition; and. 165, Sec. Acts 2019, 86th Leg., R.S., Ch. In this situation, the second driver would be responsible for the accident because he failed to avoid it. 165, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. (2) "Wireless communication device" has the meaning assigned by Section 545.425. (4) awaiting access to a ferry operated by the Texas Transportation Commission. September 1, 2007. 545.305. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. Amended by Acts 2003, 78th Leg., ch. (b) Notwithstanding any other law, a licensed human operator is not required to operate a motor vehicle if an automated driving system installed on the vehicle is engaged. 30.109, eff. June 15, 2021. 165, Sec. (2) yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection. 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. The court shall set the number of hours of service under this subsection. Sec. Amended by Acts 1997, 75th Leg., ch. (c) An operator driving over a bridge or other elevated structure that is a part of a highway may not drive at a speed of more than the maximum speed that can be maintained with safety to the bridge or structure, when signs are posted as provided by this section. 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. (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. This subsection does not apply where a local ordinance otherwise regulates stopping or parking on the one-way roadway. (a) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022. (b) An operator of a vehicle equipped with solid rubber or cushion tires may not drive at a speed of more than 10 miles per hour. Acts 2005, 79th Leg., Ch. 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. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property. 165, Sec. Acts 2007, 80th Leg., R.S., Ch. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. (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. However, lack of evasive action is only applicable in situations where a driver could have reacted to prevent an accident but chose not to. September 1, 2007. 1, eff. 3171), Sec. (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. 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. 3483), Sec. June 1, 2023. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with the traffic using the other street or roadway. (e) In this section, "safety chains" means flexible tension members connected from the front of a drawn vehicle to the rear of the drawing vehicle to maintain connection between the vehicles if the primary connecting system fails. 165, Sec. 1066 (H.B. (2) the operator is subject to a fine if the operator uses a portable wireless communication device for electronic messaging while operating a motor vehicle in this state. (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. 3, eff. Sept. 1, 2003. 2, eff. 2.06, eff. Generally, the average cost of a speeding ticket ranges from a fine of $150 to $200. 384, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 449), Sec. Evasive Action - An evasive action is a fast and effective maneuver made intentionally to avoid colliding with a person, another vehicle, or an object. Acts 1995, 74th Leg., ch. (g) For the purposes of this section, contiguous subdivisions that are developed by the same entity or a successor to that entity and that are given the same public name or a variation of the same public name are considered one subdivision. 1438, Sec. Acts 2015, 84th 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. Sec. Other examples of behavior that might rise to the level of reckless driving include: Speeding Running stop signs or red lights Failing to yield the right of way Driving while intoxicated Racing with other vehicles shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible Sec. 1, eff. 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) The commission by rule shall establish standards for determining lower speed limits within a set range. (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. 545.0651. 165, Sec. 1257 (H.B. Sec. (2) "Golf cart" has the meaning assigned by Section 551.401. 545.409. Acts 2017, 85th Leg., R.S., Ch. (3) "School bus" includes a multifunction school activity bus. (c) The department may adopt rules necessary to administer and enforce this section. Since Texas is a fault insurance state, any driver who causes an accident must pay for the damages of any injured victims. (2) deliver the notice to the individual named in the notice in person or by certified mail. (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. (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.