However, he collides into the first driver. 1, eff. (a) Except as provided by Subsection (c), the operator of a motor bus carrying passengers for hire, before crossing a railroad grade crossing: (1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (2) while stopped, shall listen and look in both directions along the track for an approaching train or other on-track equipment and signals indicating the approach of a train or other on-track equipment; and. Sept. 1, 1997. Sept. 1, 1997. 545.363. Added by Acts 2007, 80th Leg., R.S., Ch. VEHICLE CLASSIFICATION. (d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was used to make an emergency call to: (A) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (F) an individual to administer first aid treatment; or. (3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway. Sec. (5) to a railroad track used exclusively for industrial switching purposes in a business district. (2) the failure to alter state speed limits will prevent the state from receiving money from the United States for highway purposes. See Tex. texas traffic code faulty evasive action - oshawanewhome.ca (D) the governing board of an institution of higher education. September 1, 2013. 4, eff. 1, eff. 923 (H.B. PDF Welcome to the Texas Department of Transportation FTP Server Added by Acts 2001, 77th Leg., ch. 79, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. (4) "Neighborhood electric vehicle" has the meaning assigned by Section 551.301. Sept. 1, 1995. (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. 1786), Sec. Sept. 1, 1997. (2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart. CROSSING FIRE HOSE. 265 (H.B. ADDITIONAL PARKING REGULATIONS. 545.360. 1, eff. (f) The department's executive director or the executive director's designee may suspend or rescind approval under this section for one or more of the following reasons: (g) The department shall erect and maintain official traffic-control devices necessary to implement and enforce an order issued and approved under this section. OPERATOR OF AUTOMATED MOTOR VEHICLE. PASSING A SCHOOL BUS; OFFENSE. SIGNALING STOPS. texas traffic code faulty evasive action This subsection does not apply to a person licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. 545.307. 1, eff. (B) the police department of a municipality; (C) the sheriff's office of a county; or. 1093), Sec. Sec. 3026), Sec. OPERATION OF VEHICLE WITH INSUFFICIENT UNDERCARRIAGE CLEARANCE. Action Date Notice; Texas Admin Code Ch. Can You Change Lawyers During a Personal Injury Lawsuit? This is called comparative fault. September 1, 2021. (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. 7, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 1995, 74th Leg., ch. Sec. 545.452. Committees. September 1, 2013. (2) "Commercial motor vehicle" has the meaning assigned by Section 545.307. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then. Sec. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. 165, Sec. 15, eff. 128 (H.B. 3171), Sec. 545.056. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. OPERATION AND MOVEMENT OF VEHICLES. . (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. (e) A temporary speed limit established under this section: (f) A designated official who temporarily lowers a speed limit shall: (1) place and maintain at the vehicular accident reconstruction site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001; (2) temporarily conceal all other signs on the highway segment affected by the vehicular accident reconstruction site that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. A restriction approved under this section may not be enforced until the appropriate traffic control devices are in place. Sec. 3190), Sec. 30.107(b), eff. (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. September 1, 2005. 545.053. (f) The commission's authority to alter speed limits applies: (1) to any part of a highway officially designated or marked by the commission as part of the state highway system; and. Acts 2021, 87th Leg., R.S., Ch. (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. We have jurisdiction over this interlocutory appeal pursuant to sections 51.014(a)(5) and (8) of the Texas Civil Practice and Remedies Code. (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. 165, Sec. 1, eff. VEHICLE ENTERING OR LEAVING LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAY. 424 (S.B. (c) An operator may not use a wireless communication device while operating a school bus or passenger bus with a minor passenger on the bus unless the bus is stopped. (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. Sec. 545.420. Groucho Marx. 98 . (6) to activate a function that plays music. 8.01, eff. 3, eff. Acts 1995, 74th Leg., ch. September 1, 2011. (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. (c) A local authority by ordinance may permit angle parking on a roadway. Accident Involving Damage to Vehicle on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 860 (H.B. 550.022 Accident Involving Damage to Vehicle (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) September 1, 2017. (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. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (4) "Executive director" means the executive director of the department. 165, Sec. Laws and Rules | Motorcycle and ATV Operator Safety (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. texas traffic code faulty evasive action The commissioners court shall use each license or permit fee to pay salaries and expenses of the sheriff's office for conducting inspections to determine compliance with the ordinance and laws relating to dealers in scrap metal and salvage. 165, Sec. (b) The operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo, before crossing a railroad grade crossing on a highway in a municipality: (2) while stopped, 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. 165, Sec. Sept. 1, 1995. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING MECHANISM. 2, eff. 1759), Sec. September 1, 2013. 2194), Sec. Acts 2009, 81st Leg., R.S., Ch. 545.153. Sec. (e) An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) or (c): (1) shall stop, yield, and grant immediate use of the intersection to another vehicle that has entered the intersection from the other street or roadway or is approaching the intersection on the other street or roadway in a proximity that is a hazard; and.