110 terms

TCOLE Traffic & Transportation Code

Traffic Definitions TCLOSE
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Authorized Emergency Vehicle
-a fire department or police vehicle
-a public or private ambulance operated by a person who has been issued a license by the Texas Department of Health
-a private vehicle of a volunteer firefighter/EMS when responding to emergency
-a vehicle of a blood bank or tissue bank
-vehicle used for law enforcement purposes that is owned or leased by a federal government entity.
Bicycle
a device that a person may ride, propelled by human power, and has two tandem wheels at least one of which is more than 14 inches in diameter.
Bus
-a motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator
-a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.
Farm Tractor
designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine.
House Trailer
a trailer or semitrailer, other than a towable recreational vehicle, that
-is transportable on a highway in one or more sections
-is less than 40 feet in length, excluding tow bar, while in the traveling mode
-is built on a permanent chassis
-is designed to be used as a dwelling or for commercial purposes if connected to required utilities
-includes life support systems
Implement Of Husbandry
a vehicle, other than a passenger car or truck, that is designed and adapted for use as a farm implement, machinery, or tool for tilling the soil.
Light truck
a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a manufacturer's rated carrying capacity of 2,000 pounds or less.
Moped
a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which
-cannot produce more than two-brake horsepower; and
-if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less
-connects to a power drive system that does not require the operator to shift gears.
Motorcycle
a motor vehicle that is equipped with a rider's saddle and designed to have not more than three wheels on the ground.
Motor-Driven Cycle
a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less.
Motor Vehicle
a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. Does not include electric bicycle.
Mulitfunction school activity bus
a motor vehicle used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school and that is not equipped with alternately flashing red lights and movable stop arms.
Passenger Car
means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.
Pole trailer
means a vehicle without motive power
-designed to be drawn by another vehicle and secured to the other vehicle by pole, reach, boom, or other security device
-ordinarily used to transport a long or irregularly shaped load, including poles, pipes, or structural members, generally capable of sustaining themselves as beams between the supporting connections.
Police vehicle
a vehicle used by a peace officer by article 2.12, ccp for law enforcement purposes that
-is owned or leased by a governmental entity
-is owned or leased by the police department of a private institution of higher education that commissions peace officers
-is a private vehicle owned or leased by the peace officer approved for use for law enforcement purposes by the head of the law enforcement agency that employs the peace officer,
Road Tractor
means a motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load.
School Activity Bus
means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district and that is used to transport public school students on a school-related activity trip, other than on routes to and from school.
School Bus
designed to transport more than 15 passengers, including the operator, and is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school.
Semi-Trailer
means a vehicle with or without motive power
-designed to be drawn by a motor vehicle and to transport persons or property
-constructed so that part of the vehicle's weight and load rests on or is carried by another vehicle.
Special Mobile Equipment
means a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway.
Towable recreational vehicle
means a nonmotorized vehicle that is designed to be towable by a motor vehicle for temporary human habitation for uses including recreational camping or seasonal use;
-is permanently built on a single chassis;
-may contain one or more life-support systems and;
-may be used permanently or temporarily for advertising, selling, displaying, or promoting merchandise or services, but is not used for transporting property for hire or for distribution by a private carrier.
Trailer
means a vehicle, other than a pole trailer, with or without motive power
-designed to be drawn by a motor vehicle and to transport persons or property
-constructed so that no part of the vehicle's weight and load rests on the motor vehicle.
Truck
a motor vehicle designed, used, or maintained primarily to transport property.
Truck Tractor
a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.
Vehicle
a device that can be used to transport or draw persons or property on a highway. The term does not include
-a device exclusively used on stationary rails or tracks
-manufactured housing
Electric Bicycle
a bicycle that is designed to be propelled by an electric motor, exclusively or combination with the application of human power
Persons
means an individual, firm, partnership, association, or corporation.
Motor Carrier
means an individual, association, corporation or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a road or highway in this state
Operator
a person who drives or has physical control of a vehicle.
Owner
a person who has a property interest in or title to a vehicle.
Pedestrian
means a person on foot.
School Crossing Guard
a person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.
Department
means the Department of Public Safety acting directly or through its authorized officers and agents.
Local Authority
means:(A) a county, municipality, or other local entity authorized to enact traffic laws under the laws of this state; or (B) a school district created under the laws of this state only when it is designating school crossing guards for schools operated by the district.
Police Officer
means an officer authorized to direct traffic or arrest persons who violate traffic regulations.
State
a state of the US (includes a province of Canada).
Metropolitan Area
an area (1) contains at least one municipality with a population of at least 100,000 and (2) includes the adjacent municipalities and unincorporated urban districts.
Business District
means the territory adjacent to and including a highway if buildings used for business or industrial purposes, including a building used as a hotel, bank, office building, public building, or railroad station: (A) are located within a 600-foot segment along the highway; and
(B) within that segment the buildings occupy at least 300 feet of frontage:
(i) on one side of the highway; or
(ii) collectively on both sides of the highway.
Residence District
means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with:
(A) residences; or
(B) buildings used for business purposes and residences.
Urban District
means the territory adjacent to and including a highway, if the territory:
(A) is not in a municipality; and
(B) is improved with structures that are used for business, industry, or dwelling houses and located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway.
Non-Resident
means a person who is not a resident of this state.
Traffic
means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel.
Alley
a street that is not used primarily for through traffic; and provides access to rear entrances of buildings or lots along a street.
Crosswalk
the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway
Freeway
a divided, controlled-access highway for through traffic
Freeway Main Lane
a freeway lane having an uninterrupted flow of through traffic - does not include entrance/exit ramps.
Highway or Street
the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
Improved Shoulder
a paved shoulder.
Laned Roadway
a roadway that is divided into at least two clearly marked lanes for vehicular travel.
Limited-Access or Controlled Access highway
means a highway or roadway to which:
(A) persons, including owners or occupants of abutting real property, have no right of access; and
(B) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway.
Private Road or Driveway
a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission.
Ramp
an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway.
Roadway
means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.
Safety Zone
the area in a roadway officially designated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so designated.
School Crossing Zone
a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.
School Crosswalk
a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school.
Shoulder
means the portion of a highway that is:(A) adjacent to the roadway;(B) designed or ordinarily used for parking;(C) distinguished from the roadway by different design, construction, or marking; and (D) not intended for normal vehicular travel
Sidewalk
the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.
Through Highway
means a highway or a portion of a highway on which: (A) vehicular traffic is given preferential right-of-way; and (B) vehicular traffic entering from an intersecting highway is required by law to yield right-of-way in compliance with an official traffic-control device.
Intersection
means the common area at the junction of two highways, other than the junction of an alley and a highway.
The dimensions of an intersection include only the common area:
within the connection of the lateral curb lines, or in the absence of curb lines, the lateral boundary lines of the roadways intersecting highways that join at approximate right angles; or at the place where vehicles could collide if traveling on roadways of intersecting highways that join at any angle other than an approximate right angle.
Each junction of each roadway of a highway
that includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection.
Official Traffic Control Device
a sign, signal, marking, or device that is placed or erected by a public body or officer having jurisdiction; and used to regulate, warn, or guide traffic.
Railroad Sign or Signal
a sign, signal, or device erected by a railroad, public body, or public officer to notify traffic of railroad tracks or an approaching railroad train.
Traffic Control Signal
a manual, electric, or mechanical device that alternately directs traffic to stop and to proceed.
DayTime
the period beginning one-half hour before sunrise and ending one-half hour after sunset.
Explosive
means a chemical compound or mechanical mixture that:(A) is commonly intended for use or used to produce an explosion; and(B) contains ingredients, which may include oxidizing or combustive units, in packing, proportions, or quantities that, if ignited by fire, friction, concussion, percussion, or detonator, could suddenly generate highly heated gases that could damage surrounding objects or destroy life or limb.
Flammable Liquid
a liquid that has a flash point of not more than 70 degrees Fahrenheit.
Gross Vehicle Weight
the weight of a vehicle and the weight of its load.
Night Time
the period beginning one-half hour after sunset and ending one-half hour before sunrise.
Park or Parking
to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.
Personal Injury
an injury to any part of the human body and that requires treatment.
Right of Way
the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian that is approaching from a direction, at a speed, and within a proximity that could cause a collision unless one grants precedence to the other.
Stand or Standing
to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.
Stop or Stopping
means:(A) when required, to completely cease movement; and(B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal.
Litter
means (A) a decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling a storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes or industrial by products; or
(B) nondecayable solid waste, except ashes, that consists of:
(i) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials;
(iii) discarded or worn-out manufactured materials and machinery, including motor vesicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.
Dispose or Dump
means to discharge, deposit, inject, spill,leak, or place litter on or into land or water.
Illegal Dumping; Disgarding Lighted materials
A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state.
(a-1) A person commits an offense if:
(1) the person discards lighted litter, including a match, cigarette, or cigar, onto open-space land, a private road or the right-of-way of a private road, a public highway or other public road or the right-of-way of a public highway or other public road, or a railroad right-of-way; and
(2) a fire is ignited as a result of the conduct.
Illegal Dumping; Disgarding Lighted materials (2)
A person commits an offense if the person transports litter or other solid waste to a place that is not an approved solid waste site for disposal at the site.
Illegal Dumping; Disgarding Lighted materials (1)
A person commits an offense if the person receives litter or other solid waste for disposal at a place that is not an approved solid waste site, regardless of whether the litter or other solid waste or the land on which the litter or other solid waste is disposed is owned or controlled by the person.
Penalties : Illegal Dumping; Disgarding Lighted materials
An offense under Subsection (a), (b), or (c) is a Class C misdemeanor
if the litter or other solid waste to which the offense applies weighs five pounds or less or has a volume of five gallons or less. An offense under Subsection (a), (b), or (c) is a Class B misdemeanor
if the litter or other solid waste to which the offense applies weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet.
Penalties : Illegal Dumping; Disgarding Lighted materials (a-1)
(a-1) An offense under Subsection (a-1) is a misdemeanor under this subsection
if the litter or other solid waste to which the offense applies weighs less than 500 pounds or has a volume of less than 100 cubic feet and is punishable by:
a fine not to exceed $500;
confinement in jail for a term not to exceed 30 days; or
both such fine and confinement
Illegal Dumping; Disgarding Lighted materials (a-1)
(a-1) A person commits an offense if:
(1) the person discards lighted litter, including a match, cigarette, or cigar, onto open-space land, a private road or the right-of-way of a private road, a public highway or other public road or the right-of-way of a public highway or other public road, or a railroad right-of-way; and
(2) a fire is ignited as a result of the conduct.
Illegal Dumping; Disgarding Lighted materials Penalties
An offense under this section is a Class A misdemeanor if:
the litter or other solid waste to which the offense applies weighs 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet; or
the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet
Illegal Dumping; Disgarding Lighted materials Penalties
Felony An offense under this section is a state jail felony
if the litter or solid waste to which the offense applies:
weighs 1,000 pounds or more or has a volume of 200 cubic feet or more;
is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or
is contained in a closed barrel or drum.
Subchapter A of 542, General Provisions
applies only to vehicles on a highway/street unless otherwise specified. Also applies to government vehicles and animals/animal-drawn vehicles as possible. Does not apply to highway workers/equipment and private property.
Motorized Mobility Device
for a person with physical disabilities that has 3+ wheels, propelled by a battery-powered motor, has less than one forward gear, and cannot exceed eight miles per hour.
Local Authorities
ARE allowed to regulate a highway under its jurisdiction in the reasonable exercise of its police power.
Offense by Owner
Vehicle owner commits offense if they require or knowingly permit the vehicle operator to violate law.
Inchoate offense
A person who attempts or conspires to attempt offense is guilty of offense.
Penalty
Misdemeanor unless otherwise specified; fine between $1-$200.
Fine in Work Zone
Offenses committed in work zones when workers are presented and notice is present may be subject to twice the min or max fine.
Penalty for failing to yield right-of-way resulting in accident
-$500-$2000 if person suffered BI
-$1000-$4000 if person suffered SBI
Obedience to Police Officers/School Crossing Guards
May not willfully fail or refuse to comply with order from a police officer or a school crossing guard who is performing duties and has been trained.
Arrest and Notice
Peace Officer may arrest without warrant
Person shall be immediately taken before magistrate
If not taken before magistrate, must be issued notice to appear
Shall issue notice to appear if offense is speeding or open container.
Time to appear must be at least 10 days after the date of arrest
Fail to Appear results in charge of misdemeanor regardless of disposition of charge.
Must register ___ after purchasing a vehicle or becoming a resident
30 days
Offense if operates vehicle ___ after registration expires
5 days
Registration offense may be dismissed if
-Registers 20 working days or
-$20 administration fee
General penalty
Misdemeanor, fine $1-$200
Wrong, fictitious, obscured registration
Fine <$200, Class B if knowingly alters/fictitious
Buyer's temp tag
Valid until date of registration or 60th day after purchase
Wrong license plate
Misdemeanor fine <$200
Wrong, fictitious, altered, obscured license plate
Misdemeanor fine <$200, Class B if knowingly alters
Exempt from license
Military, farming only, nonresident on active duty, family of nonresident with valid international license
New Resident
May operate for <90 if 16 or older and current other license
--- days after Change of address
30th day after date
Ineligible for license unless suspension expired
If convicted of DWI/intoxication charges
Class A and B restrictions
-Under 17
-under 18 unless completed course
-no affidavit
Driving While License Invalid
Driving with expired/suspended license:
Class C, Class B if prior, Class A if caused accident that resulted in SBI or death
Left turn
Extreme left lane lawfully available