texas traffic code faulty evasive action

September 1, 2019. September 1, 2017. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state. (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and. September 1, 2011. (b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only: (1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway; (2) as permitted or required by an official traffic-control device; or. (c) Without regard to the center of the roadway, an official traffic-control device may be erected directing slow-moving traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction. Acts 2005, 79th Leg., Ch. (h) A temporary speed limit established under this section is effective until the designated official under Subsection (a) or (b): (1) finds that the vehicular accident reconstruction is complete; and. 61), Sec. Acts 2019, 86th Leg., R.S., Ch. In this subchapter: (1) "Automated driving system" means hardware and software that, when installed on a motor vehicle and engaged, are collectively capable of performing, without any intervention or supervision by a human operator: (A) all aspects of the entire dynamic driving task for the vehicle on a sustained basis; and. 545.414. (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. (c)A person commits an offense if the person does not stop or does not comply with 1044 (H.B. Sustainable Zoning and Development Code; Vehicle Technologies. Sept. 1, 1997. (b) The commission shall give consideration to local public opinion and may determine and declare a lower speed limit on any part of the road without an engineering and traffic investigation, but the commission must use sound and generally accepted traffic engineering practices in determining and declaring the lower speed limit. 545.061. September 1, 2005. 128 (H.B. (b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless: (2) the wireless communication device is used with a hands-free device. In this situation, the second driver would be responsible for the accident because he failed to avoid it. Acts 2013, 83rd Leg., R.S., Ch. DRIVING ON MOUNTAIN HIGHWAY. Sec. Accident Involving Damage to Vehicle - last updated April 14, 2021 1786), Sec. Sept. 1, 1997. (2) equipped with footrests and handholds for use by the passenger. VEHICLE TURNING LEFT. (a) An operator on a streetcar track in front of a streetcar shall move the operator's vehicle off the track as soon as possible after a signal from the operator of the streetcar. of Subsection (b). (1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and. 545.058. Acts 2011, 82nd Leg., R.S., Ch. 2.06, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (b) If a county road outside the state highway system is located within 500 feet of a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education that is not in a municipality, the commissioners court of the county, on request of the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider the prima facie speed limit on the road near the school or institution of higher education. (a) On a highway having two or more roadways separated by a space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, an operator shall drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer. September 1, 2007. Sept. 1, 1995. September 1, 2019. (3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the temporary speed limit expires under Subsection (f). Acts 1995, 74th Leg., ch. (c) A prima facie speed limit that is declared by the commission under this section is effective when the commission erects signs giving notice of the new limit. (1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or. September 1, 2013. Sept. 1, 1997. 515, Sec. Sept. 1, 2003. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. (b) An operator passing another vehicle shall return to an authorized lane of travel: (1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. September 1, 2013. Transp. 20.020, eff. texas traffic code faulty evasive action This means that you are allowed to file a case against the responsible party if . 545.256. (c) It is a defense to prosecution under this section that the person was: (1) operating or towing the vehicle in a parade or in an emergency; (2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; (4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or. 265 (H.B. (b) An operator may not drive on or cross a streetcar track in an intersection in front of a streetcar crossing the intersection. (g) If the governing body of a municipality determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety, the governing body may adopt an ordinance regulating the standing, stopping, or parking of a vehicle at a place described by Subsection (a)(1), other than a road or highway in the state highway system, in the central business district of the municipality as defined in the ordinance. Sec. (e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. A commanding officer may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. (4) "Neighborhood electric vehicle" has the meaning assigned by Section 551.301. Sept. 1, 1997. (c) A temporary speed limit established under this section: (1) is a prima facie prudent and reasonable speed limit enforceable in the same manner as other prima facie speed limits established under other provisions of this subchapter; and. 1325, Sec. 1353), Sec. 1786), Sec. 545.057. 87), Sec. You have to remember that Texas is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . 1560), Sec. Now, the brothers say they want trucking companies to take a close look at safety procedures and training. 1, eff. 944 (S.B. 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. Added by Acts 2001, 77th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 165, Sec. 3171), Sec. REGULATION OF TOWING COMPANIES IN CERTAIN COUNTIES. 2, eff. Police said the driver of a Cadillac CTS,. (3) "School bus" includes a multifunction school activity bus. 8, eff. 1, eff. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. We answer the phones 24/7. Evasive Action - An evasive action is a fast and effective maneuver made intentionally to avoid colliding with a person, another vehicle, or an object. Motor Carrier Registration: Transportation Code Chapter 643. Sept. 1, 1995. (e-1) Subsection (c) does not apply to an operator of a school bus or passenger bus using a wireless communication device: (1) in the performance of the operator's duties as a bus driver; and. 3, eff. 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. 12, eff. (5) the operator is required to stop by: (C) an official traffic-control device; or. (5) to a railroad track used exclusively for industrial switching purposes in a business district. (e) A lane restriction imposed under this section expires when the lane that is subject to the restriction is no longer in a construction or maintenance work zone. Amended by Acts 1999, 76th Leg., ch. 663, Sec. Connected and Automated Vehicles; . (2) remain standing until all passengers have entered the streetcar or, on leaving, have reached a place of safety. (2) state, in letters at least two inches in height, that overnight parking of a commercial motor vehicle is prohibited in the subdivision or on a street adjacent to the subdivision. (j) This section preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to the use of a portable wireless communication device by the operator of a motor vehicle to read, write, or send an electronic message. (A) on a form approved by the department; and. September 1, 2013. 545.104. PASSING STREETCAR TO RIGHT. 2682), Sec. 1, eff. 545.254. TxDOT has referenced the American National Standard (ANSI) D16.1,1996 Manual on Classification of Motor Vehicle Traffic Accidents, the 2003 SUBCHAPTER B. (repealed by RA 10883) . 2, eff. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivision. The signs must: (A) at each entrance of the subdivision through which a commercial motor vehicle may enter the subdivision or within the subdivision if there is not defined entrance to the subdivision; or, (B) on a street adjacent to the subdivision; and. 61), Sec. (c) Personal property may be removed under this section without the consent of the owner or carrier of the property. (h) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 75 miles per hour on a part of the highway system if the commission determines that 75 miles per hour is a reasonable and safe speed for that part of the highway system. (b) A passenger in a vehicle may not ride in a position that interferes with the operator's view to the front or sides or control over the driving mechanism of the vehicle. 1, eff. September 1, 2021. 1, eff. An operator may not turn the vehicle to move in the opposite direction 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. Acts 1995, 74th Leg., ch. May 9, 1997; Acts 1997, 75th Leg., ch. Can You Change Lawyers During a Personal Injury Lawsuit? 545.426. In these situations, you need a car accident attorney on your side. (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. 545.417. 1, eff. (2) request the owner of the reported vehicle, as shown by the vehicle registration records of the Texas Department of Transportation, to disclose the name and address of the individual operating that vehicle at the time of the violation alleged in the report. 545.354. (a) A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway. Sec. Vehicle Code (Traffic Laws) Vehicle Owner's Manual ; Velocitation ; Warning Signs ; Work Zone (or road construction) Yield ; Zero Tolerance Law ; . (f) The department's executive director or the executive director's designee may suspend or rescind approval under this section for one or more of the following reasons: (g) The department shall erect and maintain official traffic-control devices necessary to implement and enforce an order issued and approved under this section. (1) "Towing company" means an individual, corporation, partnership, or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee, or agent of a towing company. 1518, Sec. (2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work. AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION SITE. 165, Sec. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. Sept. 1, 1997. SCHOOL BUSES TO STOP AT ALL RAILROAD GRADE CROSSINGS. In this chapter, a reference to an operator includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle. 316, Sec. (b) An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058. Added by Acts 2021, 87th Leg., R.S., Ch. She skids over the ice and loses control of her vehicle. (c) An order under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway. The Texas Department of Transportation reports the leading causes of statewide traffic accidents in 2017 included: Failed to control speed: 33,593; Driver inattention: 18,477; Failed to drive in lane: 12,716; . (2) "Pass" or "passing" used in reference to a vehicle means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver. 3050), Sec. Read this complete Texas Transportation Code - TRANSP 550.022. (B) arrows clearly indicating the area of the public right-of-way subject to the parking restriction. Acts 2005, 79th Leg., Ch. 165, Sec. Sec. (3) to stop or decrease speed, extend hand and arm downward. The commission may revise the procedure to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public. As a factor contributing to the accident, the police report listed faulty evasive action by Griffin. 1, eff. (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. Acts 1995, 74th Leg., ch. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. 545.3075. 545.356. 510), Sec. 1 weather alerts 1 closings/delays. (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1438, Sec. Sec. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. (f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device. 87 (S.B. 545.156. (b) An operator may not carry another person on the motorcycle or moped, and a person who is not operating the motorcycle or moped may not ride on the motorcycle or moped, unless the motorcycle or moped is: (1) designed to carry more than one person; and. (B) on a county road or highway to which this section applies that is located within 500 feet of an elementary, secondary, or open-enrollment charter school or an institution of higher education, if approved under Section 545.357. 5, eff. All rights reserved. safely driven, each operator shall move the operator's vehicle as soon as possible 2, eff. (b) An operator of a vehicle on a roadway 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: (2) preparing for a left turn at an intersection or into a private road or driveway. September 1, 2011. 3190), Sec. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (2) require a course different from that specified in this section for movement by vehicles turning at an intersection. (d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. (a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. This subsection does not apply to a funeral procession. 265 (H.B. 1044 (H.B. Acts 2019, 86th Leg., R.S., Ch. (2)a Class B misdemeanor, if the damage to all vehicles is $200 or more. 547. CROSSING PROPERTY. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. 1257), Sec. 1, eff. There was one at John F. Kennedy Airport in New York in January, a second in Austin, Texas, in February, and a third off the coast of Hawaii in December. An offense under this subsection is a Class C misdemeanor. 431, Sec. Site Management texas traffic code faulty evasive action 1560), Sec. 378), Sec. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". September 1, 2013. 545.352. 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. 545.0653. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. 19.06(a), eff. (2) "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code. 1, eff. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS. 79, Sec. (2) "Automated motor vehicle" means a motor vehicle on which an automated driving system is installed. However, he collides into the first driver. Sec. Acts 2019, 86th Leg., R.S., Ch. An operator moving through a defile or canyon or on a mountain highway shall: (1) hold the vehicle under control and as near the right-hand edge of the highway as possible; and. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. 1357, Sec. Sec. 548. Acts 2019, 86th Leg., R.S., Ch. This subsection does not apply to the drawing of a trailer or semitrailer used for agricultural purposes. 8.01, eff. 165, Sec. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1, eff. Under Texas law, drivers have a responsibility to keep an eye out for potential hazards on the road and take steps to avoid an accident when possible. Acts 2019, 86th Leg., R.S., Ch. We take on a limited number of cases to get you maximum results. Sec. 3282), Sec. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. About Transportation. 265 (H.B. 1, eff. to a designated accident investigation site, if available, a location on the frontage REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY. (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. 165, Sec. (3) "Urban district" means the territory adjacent to and including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway. (2) drive or park the vehicle where an ambulance has been summoned for an emergency call in a manner intended to interfere with the arrival or departure of the ambulance. Acts 2009, 81st Leg., R.S., Ch. Sec. Acts 1995, 74th Leg., ch. September 1, 2005. September 1, 2017. 1, eff. Sec. (B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle. 1, eff. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. September 1, 2013. (i) If a designated official does not comply with the requirements of Subsection (f)(3) for a vehicular accident reconstruction on a state highway associated with the reconstruction, the Texas Department of Transportation may remove signs and concealments. 11, eff. Sec. 1, eff. (3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving. 8.01. (B) in which the majority of lots are subject to deed restrictions limiting the lots to residential use. Text of subsection effective until June 01, 2023. 814, Sec. 545.419. An operator may not drive through or in a safety zone. 204, Sec. Texas Transportation Code: Chapter 551A: PDF: Word: TDLR Enabling Law: Texas Occupations Code: Chapter 51: PDF: Word . SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. Acts 2021, 87th Leg., R.S., Ch. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality. Sec. (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. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. 545.206. 5.68(13), eff. (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by: (b) A political subdivision of this state or a state agency may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system. 166 (H.B. (B) is riding in a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and. Acts 2013, 83rd Leg., R.S., Ch. in narrative) 48-impaired visibility (exp. (B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time. (d-1) The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in the jurisdiction of a local authority that is in compliance with Subsection (b-2). Amended by Acts 1997, 75th Leg., ch. TURNING AT INTERSECTION. PASSING TO THE RIGHT. Current as of April 14, 2021 | Updated by FindLaw Staff. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and, (3) the operator is on a roadway divided into three marked lanes for traffic; or. 1, eff. (c) An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. (d) A local authority, on a highway under the jurisdiction of the local authority, may: Sec. A collection of Texas statutes, administrative rules, and proposed rules relating to the regulation of Motorcycle and ATV Operator Safety in Texas . 7, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. September 1, 2013. 41-faulty evasive action 42-fire in vehicle 43-fleeing or evading police 44-followed too closely 45-had been drinking 46-handicapped driver (exp. 1313 (H.B. Sept. 1, 1995. (f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located. Acts 1995, 74th Leg., ch. DRIVING ON IMPROVED SHOULDER. (C) approved under Title 23, United States Code. Sec. TOWING SAFETY CHAINS. A person may not occupy a house trailer while it is being moved. (g) If the governor's proclamation states that the facts necessary to support the issuance of the commission's order exist, the order takes effect according to Subsection (h). 1144 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. The sheriff shall determine the rules included in the ordinance with the review and consent of the commissioners court. 438 (H.B. Rules and Regulations. (b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until permitted to proceed and it is safe to proceed. September 1, 2009. 1105 (H.B. Sec. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. Sept. 1, 1997. 4, eff. The notice must be published at least 12 days before the date of the hearing. 545.3531. Acts 2021, 87th Leg., R.S., Ch. (d) The governing body of a municipality that declares a lower speed limit on a highway or part of a highway under Subsection (b-1) or (b-3), not later than February 1 of each year, shall publish on its Internet website and submit to the department a report that compares for each of the two previous calendar years: (1) the number of traffic citations issued by peace officers of the municipality and the alleged speed of the vehicles, for speed limit violations on the highway or part of the highway; (2) the number of warning citations issued by peace officers of the municipality on the highway or part of the highway; and. 11, eff. 545.0651. Added by Acts 1997, 75th Leg., ch. (g) For purposes of this section, "wet or inclement weather" means a condition of the roadway that makes driving on the roadway unsafe and hazardous and that is caused by precipitation, including water, ice, and snow. (a) A person under 18 years of age may not operate a motor vehicle while using a wireless communication device, except in case of emergency. Welcome to the Texas Department of Transportation FTP Server STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENCE DISTRICT. Common Types of Lift Truck Accidents in McAllen, TX. (d) This section does not apply at a railway grade crossing in a business or residence district. 545.056. Tex. Posted on Aug 16, 2016. Car accident victims can point to many actions that constitute driver negligenceincluding lack of evasive action. 892 (H.B. September 1, 2011. (2) any damage resulting from the failure to exercise the authority granted by this section. 30.107(e), eff. 551. (f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize: (1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and.