TCOLE CH 22 - TRAFFIC CODE 1/2
Lane Use Signs
"Left lane for passing only " signs
Stop Signs and Yield Signs *COMMON SENSE*
(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign SHALL as provided by Subsection (c). (b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c). (c) An operator required to stop by this section SHALL STOP before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator SHALL STOP at a clearly marked stop line. In the absence of a stop line, the operator SHALL STOP at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.
Overnight Parking of Commercial Motor Vehicle in or near Residential
*10 p.m.-6 a.m.* may not park a commercial motor vehicle or leave the vehicle parked on a street that is maintained by a county or municipality and for which signs are posted if the street: 1.is located within a residential subdivision; 2.is adjacent to a residential subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. A person may park a commercial motor vehicle or leave the vehicle parked on a street for which signs are posted as provided if the commercial motor vehicle: 1.is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and 2.remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work. ***more to this!!!
Traffic Control Signals In General TC 544.007
*COMMON SENSE* A traffic-control signal may display only green, yellow, or red Green light can go straight, turn (unless "no turn" sign) VEHICLES HAVE R.O.W. GOING STRAIGHT ON GREEN BUT NOT TURNING IF A PEDESTRIAN OR VEHICLE IS LAWFULLY IN THE ROADWAY Green arrow +++but a person on a bike is NOT A PEDESTRIAN Steady red signal shall stop at stop lineor before entering crosswalk After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may: 1)turn right; or 2)turn left, if the intersecting streets are both one-way streets and a left turn is permissible. e)An operator of a vehicle facing a steady yellow signal is warned by that signal that: 1)movement authorized by a green signal is being terminated; or 2)a red signal is to be given. ++++ more to this but not needed for testing purposes
Minimum Speed Regulations
*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.
*Operation of Person <18 Years of Age TC 545.424*
1) can't be on the phone 1)after midnight and before 5 a.m. 2)with more than one passenger in the vehicle under 21 years of age who is not a family member.
Removal of Personal Property from Roadway or Right-of-Way
1)"Authority" means: A.a metropolitan rapid transit authority operating under Chapter 451; or B.a regional transportation authority operating under Chapter 452. 2)"Law enforcement agency" means: A.the department; B.the police department of a municipality; C.the sheriff's office of a county; or D.a constable's office of a county. 3)"Personal property" means: A.a vehicle described by Section 545.305; B.spilled cargo; C.a hazardous material as defined by 49 U.S.C. Section 5102 and its subsequent amendments; or a hazardous substance as defined by Section 26.263, Water Codeb)An authority or a law enforcement agency may remove personal property from a roadway or right-of-way if the authority or law enforcement agency determines that the property blocks the roadway or endangers public safety. c)Personal property may be removed under this section without the consent of the owner or carrier of the property. d)The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property. 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 2.any damage resulting from the failure to exercise the authority granted by this section.
CDL CLASS B
1)a single vehicle with a gross vehicle weight rating of 26,001 pounds or more; 2)a single vehicle with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of 10,000 pounds or less; and 3)a vehicle designed to transport 24 passengers or more, including the driver.
Sec. 521.081. CLASS A LICENSE.
1)a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or 2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds. CLASS A: GVWR: 26,001+ OR GCWR: 26,001+ if GVWR of towed veh(s) is 10,000+
CLASS B
1)a vehicle with a gross vehicle weight rating that is more than 26,000 pounds; 2)a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing: A.a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or B.a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and a bus with a seating capacity of 24 passengers or more CLASS B: GVWR: 26,000+ GVWR: 26,000+ towing: - veh <10,000 OR - farm trailer <20,000 Bus that could seat 24+ passengers
A person required to hold a license under Section 521.021 (License Required) shall:
1)have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and 2)display the license on the demand of a magistrate, court officer, or peace officer.
Essential Need
1)means a need of a person for the operation of a motor vehicle: A.In the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade; B.For transportation to and from an educational facility in which the person is enrolled; or In the performance of essential household duties
INCHOATE
1. just begun and so not fully formed or developed; rudimentary; In the legal sense it means - anticipating or preparatory to a further criminal act. a)A person who attempts to commit or conspires to commit an act declared by this subtitle to be an offense, *is guilty of the offense.* b)A person who falsely, fraudulently, or willfully permits another to violate this subtitle is guilty of that violation.
Habitual violator
4+ convictions in 12 months or 7+ in 24 months any state, Canadian province, or political subdivision, other than a violation under: *Maximum Weight* *Maximum Width* *Maximum Length* *Permits* *Safety Belts*
Class M
A Class M driver's license authorizes the holder of the license to operate a motorcycle as defined by Section 541.201. •*Note: You cannot operate a motorcycle without a Class M license •In addition to meeting the requirements necessary to obtain a regular driver license, individuals who apply for a Class M must also meet other criteria. •To obtain a Class M driver license, individuals are required to take a DPS-approved motorcycle safety course.
General Penalty
A person convicted of an offense that is a *MISDEMEANOR* under this subtitle for which another *PENALTY IS NOT PROVIDED* shall be punished by a *FINE* of not less than *$1 or more than $200.*
Moving The Vehicle of Another Unlawful Parking
A person may not move a vehicle that is not lawfully under the person's control: 1.into an area where a vehicle is prohibited under 2.away from a curb a distance that is unlawful under
Notice of Change of Address or Name
A person subject to this section shall notify the department of the change not later than the *30TH DAY*
Operation of Motor Vehicle by a New State Residents TC 521.029
A person who enters this state as a new resident may operate a motor vehicle in this state for no more than *90 DAYS* after the date on which the person enters this state
Court Order in Operator's Possession 521.250
A person who is issued an occupational license SHALL have in the person's possession a certified copy of the court order granting the license while operating a motor vehicle. The person shall allow a peace officer to examine the order on request *SHALL HAVE copy of court order and SHALL allow officer to see it upon request* The *license will only be valid if they are in possession of the court order.* The court order will tell you their driving restrictions. or violates the restrictions on OL *Restrictions on DL* CLASS B
Vehicles on highways
A provision of this subtitle relating to the operation of a vehicle applies only to the operation of a vehicle on a highway unless the provision specifically applies to a different place (i.e. parking lot).
Special Speed Limitations - motorcycle
AT NIGHT may not exceed 35 MPH unless equipped with a headlamp that reveals a person or veh 300 ft ahead driving solid rubber or cushion tires MAY not drive more than 10 MPH
Safely Turning
An operator *may not turn* the vehicle to *enter a private road or driveway*, otherwise *turn the vehicle from a direct course*, or *move right or left on a roadway* *unless movement can be made safely.* How do we know if the movement was not made safely?
Turning on Curve or Crest of Grade
An operator *may not* turn the vehicle to move in the opposite direction *(U-Turn)* 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.***
Emerging From an Alley, Driveway, or Building
An operator emerging from an alley, driveway, or building in a business or residence district shall: 1.stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; 2.yield the right-of-way to a pedestrian to avoid collision; and 3.on entering the roadway, yield the right-of-way to an approaching vehicle.
Restricted Access
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
Signaling Stops
An operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal as provided by this subchapter to the operator of a vehicle immediately to the rear when there is an opportunity to give the signal. Example: Two lane/one-way roadway. Violator is in left lane with a car behind him. Violator slams brakes (with no cars ahead of him) in order to change lanes and turn right into a parking lot.
Driving Past Vehicle Moving Opposite Direction - TC 545.052
An operator moving in the opposite direction of the movement of another operator shall: 1.move to or remain to the right; and 2.on a roadway wide enough for not more than one line of vehicle movement in each direction, give the other operator: A.at least one-half of the main traveled portion of the roadway; or B.if complying with Paragraph (A) is not possible, as much of the roadway as possible. **only room in between parked car only enough for one car and head on collision / both are at fault and in this case probably both
Vehicle Entering or Leaving Limited-Access or Controlled-Access Highway
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.
Following Distance
An operator shall, if following another vehicle, *maintain an assured clear distance* between the two vehicles so that, *considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding* with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
Method of Giving Hand and Arm Signals
An operator who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows: 1.to make a left turn signal, extend hand and arm horizontally; 2.to make a right turn signal, extend hand and arm upward, except that a bicycle operator may signal from the right side of the vehicle with the hand and arm extended horizontally; and 3.to stop or decrease speed, extend hand and arm downward.
Occupational License 521.248
An order granting an occupational license must specify: - hours of day, and days of week allowed - the reasons - areas or routes of travel permitted; - that the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, if applicable - that the person must submit to periodic testing for alcohol or controlled substances, if applicable. can only operate 4/24 hours, if specified then 12/24 hours allowed per day Valid until period of suspension of the person's regular driver's license.
Commercial motor vehicle
Any motor vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more or designed to carry 16 or more passengers, including the driver, or to transport hazardous materials in any weight class requiring the vehicle to be placarded
Government Vehicles
Applies to operator of veh owned by US, this state, or political subdivision of state, except for authorized emergency vehicles
Vehicle Approached by Authorized Emergency Vehicle
Approaching emergency veh using lights and sirens, SHALL: - Yield ROW - Drive as close and possible parallel to the right hand edge/curb, clear of intersection - Stop or remain standing until EV has passed b)**This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.** Note: **Many drivers will overreact when faced with this situation and drive in an unexpected manner, be prepared for anything**
Vehicle Approaching or Entering Intersections
Approaching intersection SHALL stop, yield, or grant use - while following traffic control signals (including stop and yield signs) After stopping, may proceed when intersection can be safely entered without interference or collision with traffic on a different roadway/st * Note : Remember that smaller road yields to the bigger road
A peace officer MAY stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section *Note: Generally you will not stop someone to determine if they have a driver license, unless you have knowledge or facts which justify the stop. For example, you see a person obviously under the age of 15 driving.
CLASS C /Fail to present ID If they are willing to give info USE DIGRESSION can arrest if needed on failure to present DL
Rules on Private Property
Does not prevent owner of private property from: - regulating or prohibiting use of veh -requiring conditions different from/additional to those specified by this subtitle.
Driving on Right Side of RoadwayTC 545.051
Drive on right side unless: 1.Passing 2.an obstruction/hazard but following ROW rules 3.the operator is on a roadway divided into three marked lanes for traffic 4.the operator is on a roadway restricted to one-way traffic. b)moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: 1.passing 2.preparing for a left turn at intersection or private drive c)On a 4 lane (2x2) may not drive left of the center line of the roadway except: 1.traffic control device 2.hazard or obstruction 3.turning
CDL does not apply to ***
Farmers Emergency Vehicle Military Vehicle Recreational Vehicle for personal use ***used to transport cotton
Class C
GVWR less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.
TC 544.004
Gives us power to not follow these rules
SIGNALS BY HAND AND ARM OR BY SIGNAL LAMP
If required to give stop or turn signal SHALL use hand and arm OR use signal lamps On a highway SHALL be equipped with working signal lamps / not hands allowed on highway IF: 1) distance from center top of steering wheel to left outside limit is more than two feet 2)top of steering wheel distance to rear of LOAD/combo is more than 14 ft
Persons exempt from license requirement
MILITARY, ACTUVE DUTY MILITARY SPOUSE IMPLEMENT OF HUSBANDRY just don't do it....
Driving to Left of Center of Roadway: Limitations Other Than Passing
May not drive to left side of road if: -approaching within 100 ft of an intersection, rail crossing, bridge, viaduct (ANOTHER NAME FOR BRIDGE), or tunnel
Prima Facie Speed Limits
Not reasonable and prudent Unless a special hazard exists that requires a slower speed , the following speeds are lawful: 30 mph in urban district street /15 mph in alley 70 mph on highway outside of urban district on numbered highway (st hw or fmm) //60 mph for school bus 60 mph on hw outside urban district not numbered / 50 for school bus 15 mph on beach / related *PATROL Note: Although the law say it is prima facie evidence that the speed was not reasonable and prudent if traveling over the posted speed limit, when you testify in court you will be asked to indicate why the speed was not reasonable and prudent in those specific circumstances. This will be discussed further in the basic crash investigation course.
Passing A School Bus; Offense TC 545.066
On a highway, 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 2.*may not proceed until:* A.*the school bus resumes motion*; B.*signaled by the bus driver to proceed;* or C.*signal is no longer actuated.* On a highway having separate roadways is not required to stop: 1.for a school bus that is on a different roadway; or 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 B.where pedestrians are not permitted to cross the roadway. c)Misd punishable by fine of $500-$1,250, except: 1.$1,000- $2,000 if the person is convicted of a second or subsequent offense within 5 years 2.a Class A if causes SBI - SJF if convicted twice d)The court may order that the DL / second or subsequent offense / be suspended for under 6 months e)Community service in place of fine
Emergency Contact and Medical Information Database
Only for medical or police purposes
Passing to Left; Return; Being Passed
Passing: shall pass to the left and move back after safely clearing other vehs Being Passed: remain in right lane, may not accelerate - does not apply when being passed to the right
Removal of Unlawfully Stopped Vehicles
Peace officer or licensed weight inspector may remove vehicle if: - unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; - is unlawfully parked and blocking the entrance to a private driveway; - has been reported as stolen; - is identified as having been stolen in a warrant issued on the filing of a complaint; - is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; - is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: ---incapacitated and unable to provide for the vehicle's removal or custody; or ---not in the immediate vicinity of the vehicle; - .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; - 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 - 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. b)An officer acting under Subsection (a) may require that the vehicle be taken to: 1.the nearest garage or other place of safety; 2.a garage designated or maintained by the governmental agency that employs the officer; or 3.a position off the paved or main traveled part of the highway . c)A law enforcement agency other than the department that removes an abandoned vehicle in an unincorporated area shall notify the sheriff. d)The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred.
A person may not willfully fail or refuse to comply with a lawful order or direction of:
Police Officer School Crossing Guard Escort Flagged (OVERSIZE LOAD Peeps)
Driving on Multiple-Laned Roadway
Right lane shall yield ROW to veh moving over from left *Note - a tip to remember this is to think who has the better/easier view of the target traffic lane (the driver that is on the right)
Turning at intersection. 545.101
Right turn at intersection - SHALL make approach and turn as close to right hand as poss Left turn at intersection - SHALL approach in extreme left hand lane lawful INTO THE lane lawfully available Two way, left turn, traffic turn in the portion of the intersection to the left of the center point of the intersection. One way, left turn, shall make the turn as closely as practicable to the left-hand curb or edge of the roadway TTC/ local authority may post traffic control devices AND change traffic direction course
SIGNALING TURNS; USE OF TURN SIGNALS
Shall use turn signal to indicate an intention to turn, change lanes, or start from a parked position. Turning right or left, signal continuously for at least *100 ft* MAY NOT use one turn signal on a parked or disabled veh as a "do pass" signal to the operator of another vehicle approaching from the rear. *****If you pulled up at a dope house and want to catch someone and they DO NOT SIGNAL THEY ARE PULLING INTO "TRAFFIC" FROM A PARKED POSITION YOU CAN STOP THEM AND EVEN ARREST THEM FOR IT IF NEEDED
Obedience to Signal Indicating an Approaching Train
Stop between 15-50 ft of rail IF: - Clearly visible sign warning - Crossing gate down - Train within 1,500 ft - Train visible at a hazard distance - Or required to stop by another entity/statute SHALL remain stopped until permitted and safe Approaching tracks *shall yield the right-of-way to a train in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions*. If required to stop, SHALL stop at marked line or 15-50 ft if no line exists Offense if drives around, under, or through a crossing gate or a barrier at a railroad crossing while the gate or barrier is closed, being closed, or being opened. e)In a prosecution under this section, proof that at the time of the offense a train was in hazardous proximity to the crossing and that the train was plainly visible to the operator is *prima facie evidence* that it was not safe for the operator to proceed. (Doesn't matter if "they didn't see it") f)An offense under this section is punishable by a fine of not less than $50 or more than $200.
Driving on Improved Shoulder
TO THE RIGHT: - To stop, stand, or park - To accelerate before entering the main traveled lane of traffic -To decelerate before making a right turn - To pass vehicle that is slowing, stopped, disabled, or preparing to turn left - allow others to pass - directed by traffic-control device - To avoid a collision TO THE LEFT: - to slow or stop when disabled and cant move right - directed by traffic control device - to avoid a collision. DOES NOT APPLY TO 1.an authorized emergency vehicle responding to a call; 2.a police patrol; or 3.a bicycle. 4.a slow-moving vehicle
Presumption
The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for *an offense* under this subchapter *involving the stopping, standing, or parking of an unattended motor vehicle* it is *presumed that the registered owner of the vehicle is the person who* stopped, stood, or parked the vehicle at the time and place the *offense occurred.*
Gross Combination Weight Rating
The maximum Gross Combination Weight specified by the manufacturer for a specific combination of vehicles plus its load GCWR = veh + load
Gross Vehicle Weight Rating
The value specified by the manufacturer as the loaded weight of a single vehicle. GVWR = loaded weight of single veh
Commercial Driver's License (CDL)
a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.
Display of Unauthorized Signs, Signals or Markings
a)A person may not place, maintain, or display on or in view of a highway an unauthorized sign, signal, marking, or device that: 1.imitates or resembles an official traffic-control device or railroad sign or signal; 2.attempts to direct the movement of traffic; or 3.hides from view or hinders the effectiveness of an official traffic-control device or railroad sign or signal.
Maximum Speed Requirement
a)An operator may not drive at a speed greater than is *reasonable and prudent* under the circumstances then existing with regards to hazards control speed to aviod collision with veh entering highway (the duty of each person to use due care.)*As Opposed to Follow too Closely** drive at an appropriate reduced speed if: - approaching and crossing an intersection/railroad - approaching and going around a curve - approaching a hill crest; - traveling on a narrow or winding roadway; and - a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions
Driving on Divided Highway
a)An operator may not drive over, across, or in a dividing space, physical barrier, or section constructed to impede vehicular traffic except: 1.*through an opening* in the physical barrier or dividing section or space; or 2.*at a crossover or intersection established by a public authority*.
Stopping, Standing, or Parking Outside a Business or Residence District
a)An operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless: 1.stopping, parking, or leaving the vehicle off the main traveled part of the highway is not practicable; 2.a width of highway beside the vehicle is unobstructed and open for the passage of other vehicles; and 3.the vehicle is in clear view for at least 200 feet in each direction on the 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 3.a tow truck, as defined by Section 545.157(e), that is performing towing duties under Chapter 2308, Occupations Code.
Stopping, Standing, or Parking Prohibited in Certain Places
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; (Double Parking) 2)on a sidewalk; 3)in an intersection; 4)on a crosswalk; 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; 8)on a railroad track; or 9)where an official sign prohibits stopping.
Driving on Roadway Laned for Traffic
a)An operator on a roadway divided into two or more clearly marked lanes for traffic: 1.drive within lane 2.switch lanes unless safe to do so on two way road with center, drive in center - if passing and safe - prepping for left turn - directed by traffic control device Official traffic-control devices can direct or deter from driving in center
Additional Parking Regulations
a)An operator who *stops or parks* on a *two-way* roadway shall do so with the *right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway.* b)An operator who *stops or parks* on a *one-way* roadway shall stop or park the vehicle *parallel to the curb* or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within *18 inches of the right-hand curb* or edge of the roadway or the *left-hand wheels within 18 inches of the left-hand curb* or edge of the roadway.
Vehicles Carrying Explosive Substancesor Flammable Liquids - TC 545.254
a)Before crossing a railroad grade crossing, an operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo and that is moving at a speed of more than 20 miles per hour: *******1.shall reduce the speed of the vehicle to 20 miles per hour or less before coming within 200 feet of the nearest rail of the railroad; 2.shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train; and 3.may not proceed until the operator determines that the course is clear. 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: 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 and for signals indicating the approach of a train; and 3.may not proceed until the operator determines that the course is clear.
All Vehicles to Stop at Certain RR Grade Crossings
a)The Texas Department of Transportation or a local authority, with respect to a highway in its jurisdiction, may: 1.designate a railroad grade crossing as particularly dangerous; and 2.erect a stop sign or other official traffic-control device at the grade crossing. 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. c)The costs of installing and maintaining a mechanically operated grade crossing safety device, gate, sign, or signal erected under this section shall be apportioned and paid on the same percentage ratio and in the same proportionate amounts by this state and all participating political subdivisions of this state as costs are apportioned and paid between the state and the United States. d)An offense under this section is punishable by a fine of not less than $50 or more than $200.
PERSONAL NOT FOR TEST The department shall suspend the person's license if the department determines that:
a)The department shall suspend the person's license if the department determines that: 1)Has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied; 2)Is a habitually reckless or negligent operator of a motor vehicle; 3)Is a habitual violator of the traffic laws; 4)Has permitted the unlawful or fraudulent use of the person's license; 5)Has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension; 6)Has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license; 7)Has been responsible as a driver for any accident resulting in serious personal injury or serious property damage; 8)Is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period 9)Has committed an offense under Section 545.421 (Fleeing or Attempting to Elude Police Officer).
Flashing signals TC 544.008 *COMMON SENSE*
a)The operator of a vehicle facing a flashing red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway. The right to proceed is subject to the rules applicable after stopping at a stop sign. b)The operator of a vehicle facing a flashing yellow signal may proceed through an intersection or past the signal only with caution. c)This section does not apply at a railroad crossing.
Speed Limit Exception for Emergencies
a)The regulation of the speed of a vehicle under this subchapter does not apply to: 1.an authorized emergency vehicle responding to a call; 2.a police patrol; or 3.a physician or ambulance responding to an emergency call.
Passing Certain Vehicles
a)This section applies only to the following vehicles: 1.a stationary authorized emergency vehicle using visual signals 2.a stationary tow truck using equipment 3.a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle 4.A service vehicle used by or for a utility 5.(Municipal Trash Truck) Upon approaching one of thesr: 1.vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or 2.slow to a speed not to exceed: --20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or -- five miles per hour when the posted speed limit is less than 25 miles per hour.
Stopping, Standing, or Parking Prohibited in Certain Places
b)An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: 1.in front of a public or private driveway; 2.within 15 feet of a fire hydrant;******* 3.within 20 feet of a crosswalk at an intersection; 4.within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; 5.within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or 6.where an official sign prohibits standing.
Learner License/Instruction Permit 521.222
be familiar on patrol but... g)A person who occupies the seat in a vehicle by a holder of a learner license commits an offense if, while the holder is operating the vehicle, the person: 1)Sleeps; 2)Is intoxicated, as defined by Section 49.01, Penal Code; or 3)Is engaged in an activity that prevents the person from observing and responding to the actions of the operator.
License Ineligibility 521.201
be familiar on patrol not tested over
Vehicle Entering Stop or Yield Intersection
c)An operator *approaching an intersection* on a roadway *controlled by a yield sign shall*: 1.*slow to a speed that is reasonable under the existing conditions*; and 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. d)If an operator is required by Subsection (c) to yield and is *involved in a collision with a vehicle in an intersection after the operator drove past a yield sign without stopping*, the *collision is prima facie evidence* that the operator failed to yield the right-of-way. *Note: "prima facie means 'on its face' or 'based on the first impression; accepted as correct until proven otherwise' "
Stopping, Standing, or Parking Prohibited in Certain Places
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 2.where an official sign prohibits parking.
CDL DWI
cannot drive with ANY alcohol in system 24 hour out of service order 522.102(implied consent/CDL)
CDL CLASS A
covers a combination of vehicles with a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle or vehicles exceeds 10,000 pounds
CDL CLASS C *** know the 16-24 or over 24
d)covers a single vehicle or combination of vehicles not described by Subsection (b) or (c) that is: 1)designed to transport 16-23 passengers, including the driver; or 2)used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F.
Person at Least 85 Years of Age - TC 521.2711
expires every 2 years after date of renewal
Penalties for fail to yield right of way 542.4045
failure by the operator of a vehicle to yield the right-of-way to another vehicle that an accident resulted *fine gets increased when you write the ticket bi - $500-$2,000 sbi - $1,000-$4,000
License Exhibited on Demand; Criminal Penalty TC 521.025
have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and (2) display the license on the demand of a magistrate, court officer, or peace officer. go back and know the penalties
The department may not issue any license to a person who:
is under 15 years of age; is under 18 years of age unless the person complies with the requirements imposed by Section 521.204 (Restrictions on Minors);
Passing to Left; Safe Distance
may not driver left of the center unless: the left side is clearly visible and free of approaching traffic Shall return to authorized lanes: - before coming within 200 ft of approaching traffic - as soon as practicable.
Ignition interlock device
means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle.
Nonresident
means a person who is not a resident of this state
Driver's license
means an authorization issued by the department for the operation of a motor vehicle. The term includes: A.a *temporary license or learner license*; and B.*an occupational license*.
License
means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes: ***A.a driver's license; B.the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and C.a nonresident's operating privilege.
Gross combination weight rating GCWR
means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit.
Gross vehicle weight rating GVWR
means the value specified by the manufacturer as the loaded weight of a single vehicle
Hardship License TC 521.223
must be 15 1)the failure to issue the license will result in an unusual economic hardship for the family of the applicant; 2)the license is necessary because of the illness of a member of the applicant's family; or 3)the license is necessary because the applicant is enrolled in a vocational education program and requires a driver's license to participate in the program.
Driving While License Invalid (DWLI)
operates a motor vehicle on a highway: after the person's driver's license has been canceled; during a period that license or privilege is suspended or revoked; while DL is expired; or after renewal of DL has been denied.
Animals and Animal Drawn Vehicles
riding animal or animal drawn has the same **rights and duties applicable to the operator of a vehicle, except a right or duty that by its nature cannot apply to a person riding an animal*** or operating a vehicle drawn by an animal.
Fictitious License or Certificate TC 521.453
under 21 poses with intent to use a fake DL/ID unless has statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height.
prima facie evidence
you can write ticket (which is technically an "arrest") for a misd not in presence on a crash because you arrive on scene
Interference with Traffic Control Device
•A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove: 1.an official traffic-control device or railroad sign or signal; 2.an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal; or 3.another part of an official traffic-control device or railroad sign or signal.
