texas traffic code faulty evasive action

3871), Sec. Acts 2019, 86th Leg., R.S., Ch. (2) deliver the notice to the individual named in the notice in person or by certified mail. Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (2) "Race" means the use of one or more vehicles in an attempt to: (A) outgain or outdistance another vehicle or prevent another vehicle from passing; (B) arrive at a given destination ahead of another vehicle or vehicles; or. 1061, Sec. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". 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. (j) 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 Subsection (b) of this section. An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire. 1, 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. 1, eff. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. 1), Sec. (d) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and. Sept. 1, 1995. 15.003, eff. (b) An operator approaching a stop sign or other official traffic-control device that requires a stop and that is erected under Subsection (a) shall stop not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad and may proceed only with due care. (2) post and maintain signs before each end of the structure stating the maximum speed. 1353), Sec. Sec. 19 (H.B. (2) with more than one passenger in the vehicle under 21 years of age who is not a family member. (c) Subsections (a) and (b) do not apply: (1) if a police officer, crossing flagger, or traffic-control signal directs traffic to proceed; (2) where a railroad flashing signal is installed and does not indicate an approaching train or other on-track equipment; (3) to an abandoned or exempted grade crossing that is clearly marked by or with the consent of the state, if the markings can be read from the operator's location; (4) at a streetcar crossing in a business or residential district of a municipality; or. Added by Acts 2005, 79th Leg., Ch. 1, eff. Investigators said Hernandez "performed a faulty evasive action" by driving onto the sidewalk to avoid colliding with a car. (a-2) Notwithstanding Subsection (a-1), a person under 18 years of age may operate a moped after midnight and before 5 a.m. if the person is in sight of the person's parent or guardian. Sec. September 1, 2017. If the lanes to be restricted by the commission are located within a municipality, the commission shall consult with the municipality before adopting an order under this section. An operator may not drive on or from a limited-access or controlled-access roadway except at an entrance or exit that is established by a public authority. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. (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. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1325, Sec. 2, eff. 255 (S.B. 378), Sec. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. (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. 1, eff. 2837), Sec. (3) contain, in addition, to any other required information: (A) the date, time, and location of the violation; (B) the license plate number and a description of the vehicle involved in the violation; (C) a description of the operator of the vehicle involved in the violation; and. 62), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. (a) In this section: (1) "Apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. Sept. 1, 1997; Acts 1997, 75th Leg., ch. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student: (1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and, (B) the operator is signaled by the bus driver to proceed; or. 1, eff. 1, eff. Acts 2021, 87th Leg., R.S., Ch. (3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway. 1294), Sec. (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. September 1, 2011. September 1, 2009. (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. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2003. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible Accident Involving Damage to Vehicle - last updated April 14, 2021 June 18, 1997; Acts 2003, 78th Leg., ch. 545.059. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. Failure to take evasive action; Distracted driving; Failure to apply brakes; Failure to maintain lane; If you have any questions or would like us to get started on your case, call us now at (855) 326-0000 for help. (2) "Residential subdivision" means a subdivision in a county with a population greater than 220,000: (A) for which a plat is recorded in the county real property records; and. (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). ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS. 545.306. 1391 (H.B. (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. 545.255. 882 (H.B. DRIVING ON MULTIPLE-LANE ROADWAY. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. (1) follow closer than 500 feet an ambulance that is flashing red lights unless the operator is on official business; or. (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. Posted on Aug 16, 2016. TOWING SAFETY CHAINS. 1253 (H.B. (f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles. (1) an operator of an authorized emergency or law enforcement vehicle using a portable wireless communication device while acting in an official capacity; or. 545.105. REMOVAL OF UNLAWFULLY STOPPED VEHICLE. (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. (d) Except as provided by Subsection (h-1), the commission may not: (1) modify the rules established by Section 545.351(b); (2) establish a speed limit of more than 75 miles per hour; or. 1, eff. (B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction. (3) may not proceed until it is safe to do so. Sept. 1, 1995. 1, eff. 2, eff. Sec. (1) "Interstate highway" means a segment of the national system of interstate and defense highways that is: (B) officially designated by the Texas Transportation Commission; and. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. damage or hazard to the vehicle, other traffic, or the roadway. (2) supersede any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed. Amended by Acts 2003, 78th Leg., ch. Acts 1995, 74th Leg., ch. 32.16% of traffic fatalities were classified as single vehicle, run-off-the-road crashes; and 15,843 people sustained serious personal injuries. September 1, 2021. 618, Sec. September 1, 2021. 545.066. As a factor contributing to the accident, the police report listed faulty evasive action by Griffin. Sept. 1, 1999. An act preventing and penalizing carnapping. 1, eff. (D) the governing board of an institution of higher education. SUBCHAPTER B. If required for safety, the operator shall stop at a clearly marked stop line before the grade crossing or, if no stop line exists, not closer than 15 feet or farther than 50 feet from the nearest rail. 165, Sec. Sec. Unsafe Speed - 26,608 Crashes 545.252. Air North Texas Coalition; Air Quality Technical Committee; 1, eff. The term includes voice-operated technology and a push-to-talk function. Sec. 2, eff. 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. 165, Sec. An offense under this subsection is a Class C misdemeanor. In this subsection, "driver's license" has the meaning assigned by Chapter 521. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). (d) The authority's power to alter prima facie speed limits is effective and exclusive on any part of a turnpike project constructed and maintained by the authority inside and outside the limits of a municipality, including a home-rule municipality. (b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone.

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