Transportation Code - Day 4

TC-621.504 Bridge/Underpass Clearance Offense

Class C misdemeanor

(b) If a person consents to the request of an officer to submit to the taking of a specimen, the officer ___ request the person to sign a statement that: (1) the officer requested that the person submit to the taking of a specimen; (2) the person was informed of the consequences of not submitting to the taking of a specimen; and (3) the person voluntarily consented to the taking of a specimen.

shall

(a) One or more specimens of a person's breath or blood ___ be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or

may

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (1) if the person refuses to submit to the taking of the specimen, that refusal ___ be admissible in a subsequent prosecution;

may

(c-2) If a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic takes a blood specimen at the request or order of a peace officer, a peace officer ___: (1) observe the taking of the specimen; and (2) immediately take possession of the specimen for purposes of establishing a chain of custody.

must

A person who is dead, unconscious, or otherwise incapable of refusal is considered __to have withdrawn the consent

not

Courts have determined that impaired drivers are indeed a danger to society. Because of this, implied consent laws are considered to be a ___ ___ to exercise the state's police power.

reasonable assumption

(a-1) A peace officer ___ require the taking of a specimen of the person's blood if: (1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft; (2) the person refuses the officer's request to submit to the taking of a specimen voluntarily; (3) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense; and (4) at the time of the arrest, the officer reasonably believes that as a direct result of the accident any individual has died, will die, or has suffered serious bodily injury.

shall

A house trailer or towable recreational vehicle and motor vehicle combination may not be longer than ___ feet.

65

Only the following may take a blood specimen at the request or order of a peace officer under this chapter: (1) (2) (3) (4) (5)

(1) a physician; (2) a qualified technician; (3) a registered professional nurse; (4) a licensed vocational nurse; or (5) a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic authorized to take a blood specimen

(e) A peace officer may not require the taking of a specimen under this section unless the officer: (1) (2)

(1) obtains a warrant directing that the specimen be taken; or (2) has probable cause to believe that exigent circumstances exist.

If the person is dead, a specimen may be taken by: (1) (2)

(1) the county medical examiner or the examiner's designated agent; or (2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.

A vehicle or combination of vehicles that is powered by an engine fueled primarily by natural gas may exceed any weight limitation under this section by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system, provided that the maximum gross weight of the vehicle or combination of vehicles may not exceed ___ pounds.

82,000

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than __ days, whether or not the person is subsequently prosecuted as a result of the arrest;

90

The total width of a vehicle operated on a public highway, including a load on the vehicle but excluding any safety device determined by the United States Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of motor vehicles of that type, may not be greater than ___ inches.

102

The operator of a vehicle that is higher than ___ inches shall ensure that the vehicle will pass through each vertical clearance of a structure in its path without touching the structure.

13 feet 6

A vehicle and its load may not be higher than ___ feet

14

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: the person has a right to a hearing on the suspension or denial if, not later than the ___ day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing from the person; and

15th

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than ____ days

180

A motor vehicle, including a passenger car, that has an unloaded weight of ___ pounds or more may be coupled with a towing device and one other vehicle.

2,500

A passenger car or another motor vehicle that has an unloaded weight of less than ___ pounds may not be coupled with more than one other vehicle or towing device at one time.

2,500

A vehicle or combination of vehicles may not be operated over or on a public highway or at a port-of-entry between Texas and the United Mexican States if the vehicle or combination has: (1) a single axle weight heavier than ___ pounds, including all enforcement tolerances

20,000

If the person was driving a commercial motor vehicle, a temporary driving permit (DIC-57) that authorizes the person to drive a commercial motor vehicle is not effective until __ hours after the time of arrest.

24

Financial Responsibility requirement does not apply if a vehicle is at least ___ years old.

25

A semitrailer or trailer that is operated in a truck-tractor, semitrailer, and trailer combination may not be longer than ___ , excluding the length of the towing device

28-1/2 feet

A vehicle or combination of vehicles may not be operated over or on a public highway or at a port-of-entry between Texas and the United Mexican States if the vehicle or combination has: (2) a tandem axle weight heavier than ___ pounds, including all enforcement tolerances;

34,000

Two consecutive sets of tandem axles may carry a gross load of not more than ___ pounds each if the overall distance between the first and last axles of the consecutive sets is ___ feet or more.

34,000 / 36

A motor bus that is longer than ___ feet but not longer than ___ feet may be operated on a highway if the motor bus is equipped with air brakes and has either three or more axles or a minimum of four tires on the rear axle

35 / 45

A temporary driving permit (DIC-25) issued under this section expires on the ___ day after the date of issuance.

41st

A motor vehicle, other than a truck-tractor, may not be longer than __ feet

45

A semitrailer that is operated in a truck-tractor and semitrailer combination may not be longer than ___ feet, excluding the length of the towing device

59

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than ___ days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;

60

A combination of not more than three vehicles, including a truck and semitrailer, truck and trailer, truck-tractor and semitrailer and trailer, or a truck-tractor and two trailers, may be coupled together if the combination of vehicles, other than a truck-tractor combination, is not longer than __ feet.

65

An individual, firm, association, or corporation and includes an officer, agent, independent contractor, employee, or trustee of that individual or entity.

Person

TC-621.504 Bridge/Underpass Clearance Offense _______ Defense (1) the vertical clearance of the structure was less than that posted on the structure; (2) the vehicle was being operated under the immediate direction of a law enforcement agency; or (3) the vehicle was being operated in compliance with a permit authorizing the movement of the vehicle issued by the department or a political subdivision of this state.

Affirmative

an obstruction: (A) placed on or across a road, street, or highway of this state by the department, a political subdivision of this state, or a contractor or subcontractor constructing or repairing the road, street, or highway under authorization of the department or a political subdivision of this state; and (B) placed to prevent the passage of motor vehicles over the road, street, or highway during construction, repair, or dangerous conditions.

Barricade

A portion of a highway or street: (A) where highway construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices; and (B) that is marked by signs: (i) indicating that it is a construction or maintenance work zone; (ii) indicating where the zone begins and ends; and (iii) stating: "Fines double when workers present."

Construction or maintenance work zone

A person engaged in highway construction or repair under contract with this state or a political subdivision of this state.

Contractor

Includes a county, municipality, local board, or other body of this state having authority to authorize highway construction or repair.

Political Subdivision

The entire width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel or any part of which is under construction or repair and intended for public vehicular travel on completion. The term includes the space above or below the highway surface.

Highway

situations in which it is assumed a person consented to something by his actions. This means that, although the person has not given verbal or written consent, circumstances exist that would cause a reasonable person to believe the other had consented

Implied Consent

Obeying Warning Signs The offense is a ______.

Misdemeanor punishable by a fine of not less than $1 or more than $200

Obeying Warning Signs in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed, the offense is a ____.

Misdemeanor punishable by a fine of not less than $2 or more than $400

(a) A person commits an offense if the person: (1) disobeys the instructions, signals, warnings, or markings of a warning sign; or (2) drives around a barricade.

Obeying Warning Signs

A person who removes a wrecked or damaged vehicle from a highway ___ remove glass or another injurious substance dropped on the highway from the vehicle.

Shall

A person commits an offense if the person tampers with, damages, or removes a barricade, flare pot, sign, flasher signal, or other device warning of construction, repair, or detour on or adjacent to a highway set out by the state, a political subdivision, a contractor, or a public utility.

Tampering with Warning Device

A signal, marking, or device placed on a barricade or on a road, street, or highway during construction, repair, or dangerous conditions by the department, a political subdivision of this state, or a contractor or subcontractor to warn or regulate motor vehicular traffic. The term includes a flagger deployed on a road, street, or highway by the department, a political subdivision of this state, or a contractor or subcontractor to direct traffic around or on the road, street, or highway during construction, repair, or dangerous conditions.

Warning Sign

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (3) if the person refuses to submit to the taking of a specimen, the officer may apply for___ authorizing a specimen to be taken from the person;

a warrant

(a) 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 ____, subject to this chapter, 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.

consented

The total width of a passenger vehicle and its load may not be greater than ___ feet.

eight

(c) The officer shall forward to the department not later than the ___ business day after the date of the arrest: (1) a copy of the notice of suspension or denial; (2) any license taken by the officer (3) a copy of any temporary driving permit issued; and (4) a copy of the refusal report.

fifth

A trailer may carry a load that extends more than ____ feet beyond the rear of the trailer if the load consists of a motor vehicle that: (1) is designed and intended to be carried at the rear of the trailer; (2) is used or intended to be used to load or unload a commodity on or off the trailer; (3) does not extend more than ___ feet beyond the rear of the trailer; and (4) complies with each applicable federal motor carrier safety regulation.

four / seven

A peace officer ___ require the taking of a specimen of the person's breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer's request to submit to the taking of a specimen voluntarily: (1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the accident an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or (3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of or placed on community supervision (B) on two or more occasions, has been previously convicted of or placed on community supervision

shall

A person who drops or permits to be dropped or thrown on a highway destructive or injurious material ___ immediately remove the material or cause it to be removed.

shall

If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer ___ request the person to sign a statement that: (1) the officer requested that the person submit to the taking of a specimen; (2) the person was informed of the consequences of not submitting to the taking of a specimen; and (3) the person refused to submit to the taking of a specimen.

shall

On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen shall be made available to______

the person or the person's attorney.

A vehicle or combination of vehicles may not carry a load that extends more than ___ feet beyond its front or, except as permitted by other law, more than ___ feet beyond its rear.

three / four

A passenger vehicle may not carry a load extending more than __ inches beyond the left side line of its fenders or more than ___ inches beyond the right side line of its fenders.

three / six

A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed ___ hours after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's blood.

two

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department ___ deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and

will