Texas State Supplement- Module 1

(21) Railroad crossing laws Texas law requires obedience to a signal indicating the approach of a train. Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet - but not less than 15 feet - from the nearest rail of such railroad if: A clearly visible railroad signal warns of the approach of a train A crossing gate is lowered or a human flag person warns of the approach or passage of a railroad train. The driver is required to stop by other law, a rule adopted under a statute, or an official traffic-control device or a traffic-control signal A railroad engine approaching within approximately fifteen hundred (1,500) feet of the highway crossing emits a signal audible from such distance and such engine by reason of its speed or nearness to such crossing is an immediate hazard An approaching railroad train is plainly visible and in hazardous proximity to such crossing. A person who fails to obey the law regarding railroad grade crossings in the state of Texas is subject to a fine of $50 to $200.The driver of a vehicle required to stop at a railroad grade crossing as provided by this law shall remain stopped until the driver is allowed to proceed and it is safe to proceed. (31) Bicyclist laws In the state of Texas, a bicycle is considered a vehicle, and any person riding a bicycle has all of the rights and responsibilities of a driver of a vehicle. Bicyclists are required to ride as far right in the lane as possible only when the lane can be safely shared by a car and a bicycle, side by side. Even then, there are certain conditions that allow a bicyclist to take the full lane such as: The person is overtaking and passing another vehicle proceeding in the same direction The person is preparing for a left turn at an intersection or onto a private road or driveway There are unsafe conditions in the roadway, such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris The lane is of substandard width, making it unsafe for a car and a bicycle to safely share the lane side by side. When this is the case, it is best for the cyclist to take the full lane whether riding single file or two abreast Bicyclists are not restricted to the right lane of traffic. One-way, multi- laned streets are one example; another instance is when the bicyclist is changing lanes to make a left turn. The bicyclist should follow the same path any other vehicle would take traveling the same direction. Motorists should merge with bicycle traffic when preparing for a right hand-turn - avoid turning directly across the path of bicycle traffic. (32) Legal drinking age The legal drinking age in the state of Texas is 21 years old. (33) Minor in Possession penalties In the state of Texas, a minor may not: Purchase an alcoholic beverage Attempt to purchase an alcoholic beverage Falsely state they are 21 years of age or older or present any document that indicates that they are 21 years of age or older to a person engaged in the selling or serving of alcoholic beverages Consume an alcoholic beverage Possess an alcoholic beverage. The penalty upon conviction of one of the above non-driving alcohol-related offenses and for Public Intoxication for a minor is as follows: 1st Non-driving Alcohol-Related Offense by a Minor - Class C misdemeanor, punishable by a fine up to $500.00, 8 to 12 hours of community service, and mandatory attendance of an alcohol awareness course. The minor's driver license will be suspended (or his/her privilege denied if not licensed) for 30 days. 2nd Non-driving Alcohol-Related Offense by a Minor - Class C misdemeanor, punishable by a fine up to $500.00, 20 to 40 hours of community service, and may be required to attend an alcohol awareness course. The minor's driver license will be suspended (or his/her driving privilege denied if not licensed) for 60 days. 3rd Non-driving Alcohol-Related Offense by a Minor (17 years of age or older but less than 21) - Class B misdemeanor, punishable by a fine of $250.00 to $2,000.00, 40 to 60 hours of community service, and/or jail time of up to 180 days. The minor's driver license will be suspended or his/her privilege denied for 180 days. Minors are not eligible for deferred disposition on the third and subsequent convictions. A minor who is convicted of driving while his/her license is revoked because of a non-driving alcohol related offense is subject to the penalties of Driving While License Invalid. (34) Legal intoxication limit and tests A person having a blood alcohol concentration of 0.08% or more is intoxicated according to the law in the state of Texas. It is important to understand that Texas is an "implied consent" state, meaning that applying for a driver's license also means you automatically agree to consent to a blood alcohol test at any time, if required. If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated or an offense under section 106.041. Alcoholic beverage code, the person is deemed to have consented to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance. A person arrested for an offense described by this subsection may consent to submit to the taking of any other type specimen to determine the person's alcohol concentration. Refusal to give a blood or breath specimen for analysis will result in a driver license suspension of 180 days. If a person submits to giving a blood or breath specimen and the results show a blood alcohol level of 0.08% or greater, the driver is subject to a driver license suspension of 90-365 days. (35) Penalties for misuse of license In the state of Texas, a person commits an offense if they: Show or posses a driver license or certificate that they know to be fake oraltered Show or represent as their own a driver license not issued to them Penalty: Class B Misdemeanor (up to 180 days in jail and/or $2,000 fine) A minor commits an offense if they posses, with the intent to represent that they are 21 years of age or older, a deceptively similar driver license or ID certificate UNLESS the license displays the statement "NOT A GOVERNMENT DOCUMENT" printed in 1/4" solid red capital letters diagonally on bothsides. "Deceptively similar" means a reasonable person would assume that the fake license presented was genuine. Penalty: CLASS C Misdemeanor(up to$500 fine) (36) DWI penalties The penalties for driving while intoxicated in the state of Texas are as follows: 1st conviction (Class B Misdemeanor): Fine - up to $2,000 Jail time - 72 hours to 6 months Note: If you are also found guilty of violating the Open Container Law during your arrest, the minimum jail time is increased to 6 days Community service - 24 to 100 hours Mandatory attendance of a DWI education course within 180 days from the date of your conviction Note: Failure to attend a DWI education course within 180 days from the date of your conviction will result in a one year suspension of your driver license. License Suspension - 90 to 365 days 2nd conviction (Class A Misdemeanor): Fine - up to $4,000 Jail time - 30 days to 1 year Community service - 80 to 200 hours License suspension - 180 days to 2 years 3rd conviction (3rd degree Felony): Fine-up to $10,000 Jail time - 2 to 10 years Community service - 160 to 600 hours License suspension - 180 days to 2 years DWI with Child Passenger Under 15 (State Jail Felony) Punishable by a fine not to exceed $10,000 confinement in jail for not less than 180 days nor more than 2 years. License suspension for first-time offenders and increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program is $100. (37) Public intoxication penalties "Public Intoxication" means: A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. "Intoxicated" is defined as: (1) Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) Having an alcohol concentration of 0.08 or more In the state of Texas, an offense under this section is a Class C Misdemeanor. An individual judged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor. (38) Open Container Law In Texas, a person commits a Class C misdemeanor if the person possesses an open container in a passenger area of a motor vehicle that is located on a Texas public highway, regardless of whether the vehicle is being operated, stopped or parked. The law considers it a single offense if a person is found to possess one or more open containers at the time the ticket is given. All persons within the car - including driver and passengers - may be ticketed. Texas requires the police officer charging the person with an open container violation to issue a written citation and notice to appear in court at a specific time and place, similar to a speeding ticket. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer must release the person. (39) Penalties for refusing to take an alcohol test Texas is an "implied consent" state, meaning that applying for a driver's license also means you automatically agree to consent to a blood alcohol test at any time, if required. If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated or an offense under section 106.041. Alcoholic beverage code, the person is deemed to have consented to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance. A person arrested for an offense described by this subsection may consent to submit to the taking of any other type specimen to determine the person's alcohol concentration. Refusal to give a blood or breath specimen for analysis will result in a driver license suspension of 180 days. If a person submits to giving a blood or breath specimen and the results show a blood alcohol level of 0.08% or greater, the driver is subject to a driver's license suspension of 90-365 days. (40) Administrative License Revocation (ALR) Texas' ALR law took effect January 1, 1995. ALR is a civil, administrative process unrelated to criminal court proceedings. Its goal is to get drunk drivers off the road by revoking their driver licenses. The way ALR works is: a law enforcement officer determines that there is reasonable suspicion to stop a driver and probable cause to arrest the motorist for drunk driving. If the officer has reason to believe that the driver is impaired, a set of field sobriety tests is administered. If the driver performs poorly, the driver is arrested for DWI. Once at a police station or sheriff's office, the driver is asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is usually a breath test. The officer serves the offender with a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering a .08BAC or greater). The officer confiscates the Texas driver license and issues a temporary license. The offender has 15 days from the date that the suspension notice is received to request a hearing. If no hearing is requested, then the suspension goes into effect on the 40th day after notice was served (usually 40 days after arrest). The driver pays a $125 fee to reinstate the license after a period of suspension. The ALR process also applies to individuals arrested for boating while intoxicated (BWI) who refuse to take a chemical test. (41) Penalties for Intoxication Assault Intoxication assault is a felony where a person is intoxicated, and by reason of that intoxication, causes the injury of another person, either by accident or mistake. The penalty for intoxication assault in the state of Texas is a felony of the 3rd degree, including: Fine - $0-$10,0000 Jail time - 2-10 years Community service - 160-600 hours License suspension - 180 days-2 years

(42) Penalties for Intoxication Manslaughter Intoxication assault is when a person is intoxicated and by reason of that intoxication, causes the death of another by accident or mistake. The penalty for intoxication assault in the state of Texas is a felony of the 2nd degree, including: Fine - up to $10,000 Jail time - 2 to 20 years License suspension - 6 months to 2 years Community service - 240 to 800 hours (43) Penalties for DUI by a Minor The penalties for DUI by a Minor in the state of Texas are as follows: First Offense DUI by a Minor (17 years of age or older but less than 21) A Class C misdemeanor, punishable by a fine of up to $500, and 20 to 40 hours of community service. Attendance in an Alcohol Awareness Course is required and, if the minor is under 18, the parent may be required to attend the course. The minor's driver license will also be suspended for 120 days. Second Offense DUI by a Minor (17 years of age or older but less than 21) A Class C misdemeanor, punishable by a fine of up to $500, and 40 to 60 hours of community service. The Alcohol Awareness Course may be required. Third Offense DUI by a Minor (17 years of age or older but less than 21) A Class B misdemeanor, punishable by a fine of $500 to $2,000, 40 to 60 hours of community service, and/or confinement in jail of up to 180 days. The court may not give deferred disposition on the third offense of DUI by a minor. Any Offense DUI by a Minor - (10 years of age or older but less than 17 - "Delinquent Conduct" under the Family Code) Punishable by a fine up to $500.00, 40 to 60 hours of community service, and the minor's driver license may be suspended (or driving privilege denied). (44) Bicyclist laws In the state of Texas, a bicycle is considered a vehicle, and any person riding a bicycle has all of the rights and responsibilities as a driver of a vehicle. Bicyclists are required to ride as far right in the lane as possible only when the lane can be safely shared by a car and a bicycle, side by side.Even then, there are certain conditions that allow a bicyclist to take the full lane such as: The person is overtaking and passing another vehicle proceeding in the same direction The person is preparing for a left turn at an intersection or onto a private road or driveway There are unsafe conditions in the roadway, such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris The lane is of substandard width, making it unsafe for a car and a bicycle to safely share the lane side by side. When this is the case, it is best for the cyclist to take the full lane whether riding single file or two abreast Bicyclists are not restricted to the right lane of traffic. One-way, multi- laned streets are one example; another instance is when the bicyclist is changing lanes to make a left turn. The bicyclist should follow the same path any other vehicle would take traveling the same direction. Motorists should merge with bicycle traffic when preparing for a right hand-turn - avoid turning directly across the path of bicycle traffic. (45) Seatbelt laws Texas law holds the driver responsible for the making sure that all passengers in the vehicle are secured with the proper restraints in the appropriate legal fashion. The driver, and all passengers (both front AND rear) in a passenger vehicle are required to use safety belts. A "passenger vehicle" includes a passenger van designed to transport 15 or fewer passengers including the driver. Children less than 8 years of age must be restrained in a child safety seat unless the child is at least 4'9''. Safety belt means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. Safety belt usage requirements now include all passenger vehicles, pickups, SUVs and trucks. (46) Open bed pickup trucks In the state of Texas, a person commits an offense if they operate an open bed truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. (47) Cargo laws In order to prevent cargo or loose materials from falling or spilling from a vehicle onto the roadway and possibly causing accidents or damage to the roads, Texas state law requires that drivers comply with certain requirements. Texas state law mandates that no person shall load or transport any loose material on or over the public highways, such as dirt, sand, gravel, wood chips, or other material (except agricultural products in their natural state), that is capable of blowing or spilling from a vehicle. (48) Towing laws Texans can register to be organ, tissue, and eye donors online by visiting www.donatelifetexas.org. The Department of Public Safety also offers the "Live and then Give" pamphlets at Driver LIcense offices. This pamphlet includes a detachable card that can be filled out and cats as evidence of the individual's intention to be an eye, tissue, or organ donor. There's also a small sticker stating "DONOR" that you can put on your driver license or identification card. Finally, all licenses and identification cards issued before September 1, 1997 are still applicable evidence of a donor's intentions.

(1) Who is allowed to drive in the State of Texas?

(A) Residents who have a valid Texas driver license (B) Non-residents with a valid license from another state (C) U.S. Armed Forces members (D) The driver of an official motor vehicle in the service of the United States (E) A non-resident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and that non-resident's spouse or dependent son or daughter who has a valid license issued by their home state (F) Any person while driving or operating a road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway (G) Drivers with learner licenses who follow certain restrictions, such as only driving with a licensed driver who is at least 18 years old and has at least one year's driving experience sitting in the front passenger seat (H) Anyone on active duty in the Armed Forces of the United States who has a valid license issued in a foreign country (F) New residents who are properly licensed

What are the requirements to get your Learner Licenses?

If you are at least 15 years old, in the state of Texas, you can apply for your learner license as soon as you have these things: Your packet from the state of Texas allowing you to take our course You have completed Module 1 And you have passed both the written and visual test from the DPS office In Texas, you will have to take a vision test and a short written test at the DPS office when applying for your Learner License, and pay a $16.00 fee; your license expires when you turn 18. In order to legally drive using your learner license in Texas, you must be accompanied by a licensed driver who is at least 21 years old, has had at least one year driving experience and is sitting in the front seat to supervise. You will have time restrictions on your learner license.

(4) What are Classified Licenses?

The following listed Class A, B, C, and M licenses will be issued to persons in the state of Texas who are exempt from obtaining a Commercial Driver License or persons who are not required to obtain a Commercial Driver's License: Class A driver licenses allows a person to drive any vehicle or combination of vehicles with a gross combination weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle(s) being towed is in excess of 10,000 pounds; including a vehicle included in Class B or Class C, except a motorcycle or moped. Minimum Ages: 18 or 17 with completion of an approved driver education course including classroom and practical training or approval of minor's hardship application. Fee: $25.00 for 6 years. Applicants under the age of 18 are charged $6.00 for a license to expire on the next birthday. Class B driver licenses allows a person to drive the following vehicles, except a motorcycle or moped: (A) A single unit vehicle with a gross vehicle weight rating of 26,001 pounds or more, and any such vehicle towing either a vehicle with a gross vehicle weight rating that does not exceed 10,000 pounds, or a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds (B) A bus with seating for 24 passengers or more, including the driver (C) Any vehicle included in Class C Minimum Ages: 18, or 17 with completion of an approved driver education course including classroom and practical training or approval of a minor's hardship application. Fee: $25.00 for 6 years. Applicants under the age of 18 are charged $6.00 for a license to expire on their next birthday. Class C driver licenses allow a person to drive the following vehicles, except a motorcycle or moped: (A) A single unit vehicle, or combination of vehicles, that is not a Class A or B (B) A single unit vehicle with a gross vehicle weight rating of less than 26,001 pounds, towing a trailer not to exceed 10,000 pounds gross vehicle weight rating or a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds. Minimum Ages: 18 or 16 with completion of an approved course of driver education including classroom and practical training, or 15 with approval of minor's hardship application. Fee: $25.00 for 6 years. Applicants under the age of 18 are charged $6.00 for a license to expire on the next birthday. Class M driver licenses allow a person to drive a motorcycle or moped. Minimum Ages: Motorcycle - 18, or 16 with completion of an approved course of driver education (32 hours classroom and the 16-hour Department approved Basic Motorcycle Operator Training Course) Moped - 15 years of age Fee: $25.00 for 6 years. Applicants under the age of 18 are charged $6.00 for a license to expire on the next birthday. A motorcycle endorsement added to a current license requires a $15.00 examination fee. An additional fee of $8.00 will be required when renewing a Class M license.

(3) What are the requirements to get your Provisional Licenses?

The state of Texas uses provisional licenses for persons under 18 years of age. All original licenses, other than a learner license, issued to persons under 18 years of age will be marked "provisional". The provisional license expires when you turn 18. In Texas, a minimum fee of $16.00 is required to apply for a first provisional license and the renewal fee is $6.00 for each one year renewal period. Before you get your provisional license you have to: Be between 16-18 years old Have successfully completed your Driver's Education course (like this one!) and have had a valid learner license for a minimum of six months with no suspensions during that time In order to apply for your provisional license, you will need to bring the following items with you to the DPS office: (A) Your Learner License (B) Proof of identity (C) Proof of social security number (D) Verification of Enrollment and Attendance Form in school (TEA form GEA-043R93) (E) Parental Driver Education Affidavit, DL-90B (F) Classroom Instruction and Behind the Wheel Record Log, DL-91A and DL-91B (You may be required to present this form as proof you have completed all objectives outlined in the Parent Taught Education Program) (G) Proof of Liability Insurance for your vehicle (H) Proof of Texas vehicle registration for your vehicle (I) Certificate of completion of our course (J) Obtain parental authorization signature In Texas, for the first six months of your provisional license, you WILL NOT be allowed to drive between 11 p.m. and 5 am unless you have a licensed driver 21 years of age or older in the front seat with you. You WILL be allowed to drive to and from work and home during these hours. You can only have one passenger that is UNDER 21 in your car at a time who is not a family member.