BPOC Traffic code 2

Terms in this set (271)

(a) A traffic-control signal may display only green, yellow, or red and applies to operators of vehicles
(b) Circular green signal- operator may proceed straight or turn right or left unless there is a sign. Yield the right-of-way to other vehicles & pedestrians lawfully in the intersection or an adjacent crosswalk
(c) Green arrow signal- displayed alone or w/another signal, may cautiously enter the intersection to move in the direction permitted by the arrow or other indication. Yield the right-of-way to a pedestrian lawfully in an adjacent crosswalk and other traffic.(d)Steady red signal- shall stop at a clearly marked stop line or before entering the crosswalk. A vehicle that is not turning shall remain standing. After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may:
(1) turn right; or
(2) turn left, if the intersecting streets are both one-way streets and a left turn is permissible.
(e) Steady yellow signal- is warned by that signal that:
(1) movement authorized by a green signal is being terminated; or
(2) a red signal is to be given.
(f) A turn may be prohibited by TTC on a steady red light by posting notice the turn is prohibited
(g) This section applies to an official traffic-control signal placed and maintained at a place other than an intersection,
1. Stop shall be made not the pavement showing where to stop.
2. If there is no sign then the stop shall be made at the signal.
The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. If the lanes to be restricted by the commission are located within a municipality, the commission shall consult with the municipality before adopting an order under this section. A municipality by ordinance may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway in the municipality.
(c) An order or ordinance 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.
(d) Before adopting an ordinance, a municipality shall submit to the department a description of the proposed restriction. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions.
(e) Department approval under Subsection (d) must:
(1) be based on a traffic study performed by the department to evaluate the effect of the proposed restriction; and
(2) to the greatest extent practicable, ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent municipalities.
(f) The department's executive director or the executive director's designee may suspend or rescind approval of any restrictions approved under Subsection (d) for one or more of the following reasons:
(1) a change in pavement conditions;
(2) a change in traffic conditions;
(3) a geometric change in roadway configuration;
(4) construction or maintenance activity; or
(5) emergency or incident management.
(g) The department shall erect and maintain official traffic control devices necessary to implement and enforce an order adopted or an ordinance adopted and approved under this section. A restriction approved under this section may not be enforced until the appropriate traffic control devices are in place.
(a) An operator may not stop, stand, or park a vehicle:
(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(2) on a sidewalk;
(3) in an intersection;
(4) on a crosswalk;
(5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone,
(6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic;
(7) on a bridge or other elevated structure on a highway or in a highway tunnel;
(8) on a railroad track; or
(9) where an official sign prohibits stopping.
(b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle:
(1) in front of a public/ private driveway;
(2) within 15 feet of a fire hydrant;
(3) within 20 feet of a crosswalk at an intersection;
(4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;
(5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or
(6) where an official sign prohibits standing.
(c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle:
(1) within 50 feet of the nearest rail of a railroad crossing; or
(2) where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk.
(a) A peace officer or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic;
(2) is unlawfully parked and blocking the entrance to a private driveway;
(3) has been reported as stolen;
(4) is identified as having been stolen in a warrant issued on the filing of a complaint;
(5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours;
(6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle does not designate a particular towing or storage company;
(8) is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or
(9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled.
(b) An officer acting under Subsection (a) may require that the vehicle be taken to:
(1) the nearest garage or other place of safety;
(2) a garage designated or maintained by the governmental agency that employs the officer; or
(3) a position off the paved or main traveled part of the highway.
(c) A law enforcement agency other than the department that removes an abandoned vehicle in an unincorporated area shall notify the sheriff.
(d) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred.
Except as provided by Subsection (b-1), after 10 p.m. and before 6 a.m., a person may not park a commercial motor vehicle or leave the vehicle parked on a street that is maintained by a county or municipality and for which signs are posted as provided by Subsection (c) if the street:
(1) is located within a residential subdivision; or
(2) is adjacent to a residential subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park.
(b-1) A person may park a commercial motor vehicle or leave the vehicle parked on a street for which signs are posted as provided by Subsection (c) if the commercial motor vehicle:
(1) is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and
(2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work.
(c) Petition by residents may be made to prohibit 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. The petition must be signed by at least 25 percent of the owners or tenants. The county or municipality receiving the petition shall post the signs. The signs must:
(1) be posted:
(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
(2) state, in letters at least two inches in height, that overnight parking of a commercial motor vehicle is prohibited
(d) condition the posting of the signs on payment by the residents
(e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b).
(h) This section does not apply to:
(1) a vehicle owned by a utility that an employee of the utility who is on call 24 hours a day parks at the employee's residence; or
(2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located.
(a) If the Texas Transportation Commission determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the commission, by order recorded in its minutes, and except as provided in Subsection (d), may determine and declare:
(1) a reasonable and safe prima facie speed limit; and
(2) another reasonable and safe speed because of wet or inclement weather.
(b) In determining whether a prima facie speed limit on a part of the highway system is reasonable and safe, the commission shall consider the width and condition of the pavement, the usual traffic at the affected area, and other circumstances.
(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. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined.
(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
(3) increase the speed limit for a vehicle described by Section 545.352(b)(4).
(h) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 75 mph on a part of the highway system if the commission determines that 75 mph is a reasonable and safe speed for that part of the highway system.
(h-1) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20
(h-2) Notwithstanding Section 545.352(b), the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system
(a) An operator of a motor-driven cycle may not drive at a speed of more than 35 miles per hour during the time specified by Section 547.302(a) unless the cycle is equipped with a headlamp or lamps that reveal a person or vehicle 300 feet ahead.
(b) An operator of a vehicle equipped with solid rubber or cushion tires may not drive at a speed of more than 10 miles per hour.
(c) An operator driving over a bridge or other elevated structure that is a part of a highway may not drive at a speed of more than the maximum speed that can be maintained with safety to the bridge or structure, when signs are posted as provided by this section.
(d) An operator of self-propelled machinery designed or adapted for applying plant food materials or agricultural chemicals and not designed or adapted for the sole purpose of transporting the materials or chemicals may not drive at a speed of more than 30 miles per hour unless the machinery is registered under Chapter 502.
(e) The Texas Transportation Commission, for a state highway, the Texas Turnpike Authority, for any part of a turnpike constructed and maintained by the authority, and a local authority for a highway under the jurisdiction of the local authority, may investigate a bridge or other elevated structure that is a part of a highway. If after conducting the investigation the commission, turnpike authority, or local authority finds that the structure cannot safely withstand vehicles traveling at a speed otherwise permissible under this subtitle, the commission, turnpike authority, or local authority shall:
(1) determine and declare the maximum speed of vehicles that the structure can safely withstand; and
(2) post and maintain signs before each end of the structure stating the maximum speed.
(a) A person commits an offense if:
(1) the person:
(A) is at least 15 years of age;
(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
(D) is not secured by a safety belt; or
(2) as the operator of a school bus equipped with a safety belt for the operator's seat, the person is not secured by the safety belt.
(b) A person commits an offense if the person:
(1) operates a passenger vehicle that is equipped with safety belts; and
(2) allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.
(b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.
(c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.
(d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200.
(e) It is a defense to prosecution under this section that:
(1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;
(2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;
(3) the person is employed by the United States Postal Service
(4) the person is engaged in the actual delivery of newspapers from a vehicle
(5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty
(6) the person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.433 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more; or
(7) the person is the operator of or a passenger in a vehicle used exclusively to transport solid waste
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record
Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.
(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.
(i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury.
(a) A person under 18 years of age may not operate a motor vehicle while using a wireless communications device, except in case of emergency.
(a-1) A person under 18 years of age may not operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency; or
(2) with more than one passenger in the vehicle under 21 years of age who is not a family member.
(b) A person under 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communications device, except in case of emergency.
(b-1) A person under 17 years of age who holds a restricted motorcycle license or moped license, during the 12-month period following the issuance of an original motorcycle license or moped license to the person, may not operate a motorcycle or moped after midnight and before 5 a.m. unless:
(1) the person is in sight of the person's parent or guardian; or
(2) the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency.
(c) This section does not apply to:
(1) a person operating a motor vehicle while accompanied in the manner required by Section 521.222(d)(2) for the holder of an instruction permit; or
(2) a person licensed by the Federal Communications Commission to operate a wireless communication device or a radio frequency device.
(d) For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm.
(e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section.
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:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a hands-free device.
(b-1) Except as provided by Subsection (b-2), a municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision. The department shall adopt standards that:
(1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; and
(2) require that a sign required to be posted under this subsection inform an operator that:
(A) the use of a wireless communication device is prohibited in the school crossing zone; and
(B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone.
(b-2) A municipality, county, or other political subdivision that by ordinance or rule prohibits the use of a wireless communication device while operating a motor vehicle throughout the jurisdiction of the political subdivision is not required to post a sign as required by Subsection (b-1) if the political subdivision:
(1) posts signs that are located at each point at which a state highway, U.S. highway, or interstate highway enters the political subdivision and that state:
(A) that an operator is prohibited from using a wireless communication device while operating a motor vehicle in the political subdivision; and
(B) that the operator is subject to a fine if the operator uses a wireless communication device while operating a motor vehicle in the political subdivision; and
(2) subject to all applicable United States Department of Transportation Federal Highway Administration rules, posts a message that complies with Subdivision (1) on any dynamic message sign operated by the political subdivision located on a state highway, U.S. highway, or interstate highway in the political subdivision.
(b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit.
(b-4) The political subdivision shall pay the costs associated with the posting of signs under Subsection (b-2).
(c) An operator may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless the passenger bus is stopped.
(d) It is an affirmative defense to prosecution of an offense under this section that:
(1) the wireless communication device was used to make an emergency call to:
(A) EMS
(B) a hospital;
(C) a fire department;
(D) a health clinic;
(E) a medical doctor's office;
(F) an individual to administer first aid treatment; or
(G) a police department; or
(2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone.
(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 a municipality, county, or other political subdivision that is in compliance with Subsection (b-2).
(e) This section does not apply to:
(1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or
(2) an operator who is licensed FCC while operating a radio frequency device other than a wireless communication device.
(a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle, tow truck, or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.
(b) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.
(c) A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:
(1) used as specifically authorized by this chapter; or
(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.
(d) A vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:
(1) a school bus;
(2) an authorized emergency vehicle;
(3) a church bus that has the words "church bus" printed on the front and rear of the bus so as to be clearly discernable to other vehicle operators;
(4) a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
(5) a tow truck with a mounted light bar which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.
(e) A person may not operate highway maintenance or service equipment, including snow-removal equipment, that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.
(a) Unless provided otherwise, a headlamp, auxiliary driving lamp, auxiliary passing lamp, or combination of those lamps mounted on a motor vehicle, other than a motorcycle or motor-driven cycle:
(1) shall be arranged so that the operator can select at will between distributions of light projected at different elevations; and
(2) may be arranged so that the operator can select the distribution automatically.
(b) A lamp identified by Subsection (a) shall produce:
(1) an uppermost distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 450 feet ahead during all conditions of loading; and
(2) a lowermost distribution of light or composite beam that:
(A) is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 150 feet ahead; and
(B) is aimed so that no part of the high-intensity portion of the beam on a vehicle that is operated on a straight, level road under any condition of loading projects into the eyes of an approaching vehicle operator.
(c) A person who operates a vehicle on a roadway or shoulder shall select a distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a safe distance ahead of the vehicle, except that:
(1) an operator approaching an oncoming vehicle within 500 feet shall select:
(A) the lowermost distribution of light or composite beam, regardless of road contour or condition of loading; or
(B) a distribution aimed so that no part of the high-intensity portion of the lamp projects into the eyes of an approaching vehicle operator; and
(2) an operator approaching a vehicle from the rear within 300 feet may not select the uppermost distribution of light.
(d) A motor vehicle of a model year of 1948 or later, other than a motorcycle or motor-driven cycle, that has multiple-beam lighting equipment shall be equipped with a beam indicator that is:
(1) designed and located so that the lighted indicator is visible without glare to the vehicle operator; and
(2) lighted only when the uppermost distribution of light is in use.
In addition to other equipment required by this chapter:
(1) a bus, truck, trailer, or semitrailer that is at least 80 inches wide shall be equipped with:
(A) two clearance lamps on the front, one at each side;
(B) two clearance lamps on the rear, one at each side;
(C) four side marker lamps, one on each side at or near the front and one on each side at or near the rear;
(D) four reflectors, one on each side at or near the front and one on each side at or near the rear; and
(E) hazard lamps that meet the requirements of Section 547.331;
(2) a bus or truck that is at least 30 feet long shall be equipped with hazard lamps that meet the requirements of Section 547.331;
(3) a trailer or semitrailer that is at least 30 feet long shall be equipped with:
(A) two side marker lamps, one centrally mounted on each side with respect to the length of the vehicle;
(B) two reflectors, one centrally mounted on each side with respect to the length of the vehicle; and
(C) hazard lamps that meet the requirements of Section 547.331;
(4) a pole trailer shall be equipped with:
(A) two side marker lamps, one at each side at or near the front of the load;
(B) one reflector at or near the front of the load;
(C) one combination marker lamp that:
(i) emits an amber light to the front and a red light to the rear and side; and
(ii) is mounted on the rearmost support for the load to indicate the maximum width of the trailer; and
(D) hazard lamps that meet the requirements of Section 547.331, if the pole trailer is at least 30 feet long or at least 80 inches wide;
(5) a truck-tractor shall be equipped with:
(A) two clearance lamps, one at each side on the front of the cab; and
(B) hazard lamps that meet the requirements of Section 547.331, if the truck-tractor is at least 30 feet long or at least 80 inches wide; and
(6) a vehicle at least 80 inches wide may be equipped with:
(A) not more than three front identification lamps without glare; and
(B) not more than three rear identification lamps without glare.
(a) The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive smoke or fumes.
(b) A motor vehicle or motor vehicle engine, of a model year after 1967, shall be equipped to prevent the discharge of crankcase emissions into the ambient atmosphere.
(c) The owner or operator of a motor vehicle or motor vehicle engine, of a model year after 1967, that is equipped with an exhaust emission system:
(1) shall maintain the system in good working condition;
(2) shall use the system when the motor vehicle or motor vehicle engine is operated; and
(3) may not remove the system or a part of the system or intentionally make the system inoperable in this state, unless the owner or operator removes the system or part to install another system or part intended to be equally effective in reducing atmospheric emissions.
(d) Except when travel conditions require the downshifting or use of lower gears to maintain reasonable momentum, a person commits an offense if the person operates, or as an owner knowingly permits another person to operate, a vehicle that emits:
(1) visible smoke for 10 seconds or longer; or
(2) visible smoke that remains suspended in the air for 10 seconds or longer before fully dissipating.
(e) An offense under this section is a misdemeanor punishable by a fine of not less than $1 and not more than $350 for each violation. If a person has previously been convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $1,000 for each violation.
(a) Except as provided by Subsection (b), a person commits an offense that is a misdemeanor:
(1) if the person operates a motor vehicle that has an object or material that is placed on or attached to the windshield or side or rear window and that obstructs or reduces the operator's clear view; or
(2) if a person, including an installer or manufacturer, places on or attaches to the windshield or side or rear window of a motor vehicle a transparent material that alters the color or reduces the light transmission.
(a-1) A person in the business of placing or attaching transparent material that alters the color or reduces the light transmission to the windshield or side or rear window of a motor vehicle commits a misdemeanor punishable by a fine not to exceed $1,000 if the person:
(1) places or attaches such transparent material to the windshield or side or rear window of a motor vehicle; and
(2) does not install a label that complies with Section 547.609 between the transparent material and the windshield or side or rear window of the vehicle, as applicable.
(b) Subsection (a) does not apply to:
(1) a windshield that has a sunscreening device that:
(A) in combination with the windshield has a light transmission of 25 percent or more;
(B) in combination with the windshield has a luminous reflectance of 25 percent or less;
(C) is not red, blue, or amber; and
(D) does not extend downward beyond the AS-1 line or more than five inches from the top of the windshield, whichever is closer to the top of the windshield;
(2) a wing vent or a window that is to the left or right of the vehicle operator if the vent or window has a sunscreening device that in combination with the vent or window has:
(A) a light transmission of 25 percent or more; and
(B) a luminous reflectance of 25 percent or less;
(2-a) a side window that is to the rear of the vehicle operator;
(3) a rear window, if the motor vehicle is equipped with an outside mirror on each side of the vehicle that reflects to the vehicle operator a view of the highway for a distance of at least 200 feet from the rear;
(4) a rearview mirror;
(5) an adjustable nontransparent sun visor that is mounted in front of a side window and not attached to the glass;
(6) a direction, destination, or termination sign on a passenger common carrier motor vehicle, if the sign does not interfere with the vehicle operator's view of approaching traffic;
(7) a rear window wiper motor;
(8) a rear trunk lid handle or hinge;
(9) a luggage rack attached to the rear trunk;
(10) a side window that is to the rear of the vehicle operator on a multipurpose vehicle;
(11) a window that has a United States, state, or local certificate placed on or attached to it as required by law;
(12) a motor vehicle that is not registered in this state;
(13) a window that complies with federal standards for window materials, including a factory-tinted or a pretinted window installed by the vehicle manufacturer, or a replacement window meeting the specifications required by the vehicle manufacturer;
(14) a vehicle that is:
(A) used regularly to transport passengers for a fee; and
(B) authorized to operate under license or permit by a local authority;
(15) a vehicle that is maintained by a law enforcement agency and used for law enforcement purposes; or
(16) a commercial motor vehicle as defined by Section 644.001
(e) It is a defense to prosecution under Subsection (a) that the defendant or a passenger in the vehicle at the time of the violation is required for a medical reason to be shielded from direct rays of the sun.
(f) It is not an offense under this section for a person to offer for sale or sell a motor vehicle with a windshield or window that does not comply with this section.
A manufacturer of a new motor vehicle that is sold or leased in this state and that is equipped with a recording device shall disclose that fact in the owner's manual of the vehicle.
(c) Information recorded or transmitted by a recording device may not be retrieved by a person other than the owner of the motor vehicle in which the recording device is installed except:
(1) on court order;
(2) with the consent of the owner for any purpose, including for the purpose of diagnosing, servicing, or repairing the motor vehicle;
(3) for the purpose of improving motor vehicle safety, including for medical research on the human body's reaction to motor vehicle accidents, if the identity of the owner or driver of the vehicle is not disclosed in connection with the retrieved information; or
(4) for the purpose of determining the need for or facilitating emergency medical response in the event of a motor vehicle accident.
(d) For information recorded or transmitted by a recording device described by Subsection (a)(2)(B), a court order may be obtained only after a showing that:
(1) retrieval of the information is necessary to protect the public safety; or
(2) the information is evidence of an offense or constitutes evidence that a particular person committed an offense.
(e) For the purposes of Subsection (c)(3):
(1) disclosure of a motor vehicle's vehicle identification number with the last six digits deleted or redacted is not disclosure of the identity of the owner or driver; and
(2) retrieved information may be disclosed only:
(A) for the purposes of motor vehicle safety and medical research communities to advance the purposes described in Subsection (c)(3); or
(B) to a data processor solely for the purposes described in Subsection (c)(3).
(f) If a recording device is used as part of a subscription service, the subscription service agreement must disclose that the device may record or transmit information as described by Subsection (a)(2). Subsection (c) does not apply to a subscription service under this subsection.
(a) A motorcycle, including a motor-driven cycle, shall be equipped with:
(1) not more than two headlamps mounted at a height from 24 to 54 inches;
(2) at least one taillamp mounted at a height from 20 to 72 inches;
(3) a taillamp or separate lamp to illuminate the rear license plate that complies with the requirements of Sections 547.322(f) and (g);
(4) at least one stoplamp that complies with the requirements of Section 547.323(d); and
(5) at least one rear red reflector that complies with the requirements of Section 547.325(b) and may be included as a part of the taillamp.
(b) A motorcycle, other than a motor-driven cycle, shall be equipped with multiple-beam lighting equipment that produces:
(1) an uppermost distribution of light that reveals a person or vehicle at a distance of at least 300 feet ahead; and
(2) a lowermost distribution of light that:
(A) reveals a person or vehicle at a distance of at least 150 feet ahead; and
(B) is aimed so that no part of the high-intensity portion of the beam on the motorcycle that is on a straight and level road under any condition of loading projects into the eyes of an approaching vehicle operator.
(c) A motor-driven cycle shall be equipped with:
(1) multiple-beam lighting equipment that complies with the requirements of Subsection (b); or
(2) single-beam lighting equipment that:
(A) emits light sufficient to reveal a person or vehicle:
(i) at a distance of at least 100 feet when the cycle is operated at a speed less than 25 miles per hour;
(ii) at a distance of at least 200 feet when the cycle is operated at a speed of 25 miles per hour or more; and
(iii) at a distance of at least 300 feet when the cycle is operated at a speed of 35 miles per hour or more; and
(B) is aimed so that no part of the high-intensity portion of the beam from the lamp on a loaded cycle projects a beam higher than the level center of the lamp for a distance of 25 feet ahead.
(d) A motorcycle may not be operated at any time unless at least one headlamp on the motorcycle is illuminated. This subsection does not apply to a motorcycle manufactured before the model year 1975.
(a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:
(1) no traffic control signal is in place or in operation; and
(2) the pedestrian is:
(A) on the half of the roadway in which the vehicle is traveling; or
(B) approaching so closely from the opposite half of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.
(c) The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.
(d) If it is shown on the trial of an offense under Subsection (a) that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a visually impaired or disabled person, the offense is a misdemeanor punishable by:
(1) a fine of not more than $500; and
(2) 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.
(d-1) A portion of the community service required under Subsection (d)(2) shall include sensitivity training.
If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.
(a) This section applies to a person who:
(1) is stopped or issued a notice to appear by a peace officer in connection with a violation of:
(A) this subtitle;
(B) Section 49.03 or 49.04, Penal Code; or
(C) Section 49.07 or 49.08, Penal Code, involving operation of a motor vehicle; and
(2) presents to the peace officer a driver's license issued by the United States Department of State or claims immunities or privileges under 22 U.S.C. Chapter 6.
(b) A peace officer who stops or issues a notice to appear to a person to whom this section applies shall record all relevant information from any driver's license or identification card presented by the person or any statement made by the person relating to immunities or privileges and promptly deliver the record to the law enforcement agency that employs the peace officer.
(c) The law enforcement agency shall:
(1) as soon as practicable contact the United States Department of State to verify the person's status and immunity, if any; and
(2) not later than the fifth working day after the date of the stop or issuance of the notice to appear, send to the Bureau of Diplomatic Security Office of Foreign Missions of the United States Department of State the following:
(A) a copy of any notice to appear issued to the person and any accident report prepared; or
(B) if a notice to appear was not issued and an accident report was not prepared, a written report of the incident.
(d) This section does not affect application of a law described by Subsection (a)(1) to a person to whom this section applies.
(a) A person commits an offense if the person:
(1) operates or rides as a passenger on a motorcycle on a public street or highway; and
(2) is not wearing protective headgear that meets safety standards adopted by the department.
(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.
(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.
(c-1) A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.
(c-2) The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described by Subsection (c).
(h) An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $50.
(a) A person may not operate an all-terrain vehicle on a public street, road, or highway except as provided by this section.
(b) The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, if the operator:
(1) brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway;
(2) yields the right-of-way to oncoming traffic that is an immediate hazard; and
(3) makes the crossing:
(A) at an angle of approximately 90 degrees to the roadway;
(B) at a place where no obstruction prevents a quick and safe crossing; and
(C) with the vehicle's headlights and taillights lighted.
(c) The operator of an all-terrain vehicle may drive the vehicle across a divided highway other than an interstate or limited access highway only at an intersection of the highway with another public street, road, or highway.
(d) The operator of an all-terrain vehicle may drive the vehicle on a public street, road, or highway that is not an interstate or limited-access highway if:
(1) the transportation is in connection with:
(A) the production, cultivation, care, harvesting, preserving, drying, processing, canning, storing, handling, shipping, marketing, selling, or use of agricultural products, as defined by Section 52.002, Agriculture Code; or
(B) utility work performed by a utility;
(2) the operator attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are illuminated;
(4) the operator holds a driver's license, as defined by Section 521.001;
(5) the operation of the all-terrain vehicle occurs in the daytime; and
(6) the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.
(d-1) Provisions of this code regarding helmet and eye protection use, safety certification, and other vehicular restrictions do not apply to Subsection (d).
(e) The director of the Department of Public Safety shall adopt standards and specifications that apply to the color, size, and mounting position of the flag required under Subsections (d)(2) and (g)(2).
(f) Except as provided by Subsection (g), this section does not apply to the operation of an all-terrain vehicle that is owned by the state, a county, or a municipality by a person who is an authorized operator of the vehicle.
(g) A peace officer may operate an all-terrain vehicle on a public street, road, or highway that is not an interstate or limited-access highway only if:
(1) the transportation is in connection with the performance of the officer's official duty;
(2) the officer attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are illuminated;
(4) the officer holds a driver's license, as defined by Section 521.001; and
(5) the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.
(a) Subject to Section 681.009(e), a vehicle may be parked for an unlimited period in a parking space or area that is designated specifically for persons with physical disabilities if:
(1) the vehicle is being operated by or for the transportation of a person with a disability; and
(2) there are:
(A) displayed on the vehicle special license plates issued under Section 504.201; or
(B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard.
(b) The owner of a vehicle is exempt from the payment of a fee or penalty imposed by a governmental unit for parking at a meter if:
(1) the vehicle is being operated by or for the transportation of a person with a disability; and
(2) there are:
(A) displayed on the vehicle special license plates issued under Section 504.201; or
(B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard.
(c) The exemption provided by Subsection (b) or (e) does not apply to a fee or penalty:
(1) imposed by a branch of the United States government; or
(2) imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space located within the boundaries of a municipal airport.
(d) This section does not permit a vehicle to be parked at a time when or a place where parking is prohibited.
(e) A governmental unit may provide by ordinance or order that the exemption provided by Subsection (b) also applies to payment of a fee or penalty imposed by the governmental unit for parking in a parking garage or lot or in a space with a limitation on the length of time for parking.
(a) A political subdivision or a person who owns or controls property used for parking may designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting persons with disabilities.
(b) A political subdivision must designate a parking space or area by conforming to the standards and specifications adopted by the Texas Commission of Licensing and Regulation under Section 5(i), Article 9102, Revised Statutes, relating to the identification and dimensions of parking spaces for persons with disabilities. A person who owns or controls private property used for parking may designate a parking space or area without conforming to those standards and specifications, unless required to conform by law.
(c) A political subdivision may require a private property owner or a person who controls property used for parking:
(1) to designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting persons with disabilities; or
(2) to conform to the standards and specifications referred to in Subsection (b) when designating a parking space or area for persons with disabilities.
(d) The department shall provide at cost a design and stencil for use by a political subdivision or person who owns or controls property used for parking to designate spaces as provided by this section.
(e) Parking spaces or areas designated for the exclusive use of vehicles transporting persons with disabilities may be used by vehicles displaying a white on blue shield disabled parking placard, license plates issued under Section 504.201 or 504.202, or a white on red shield disabled parking placard.
(a) A person commits an offense if:
(1) the person stands a vehicle on which are displayed license plates issued under Section 504.201 or 504.202 or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by:
(A) a political subdivision; or
(B) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f); and
(2) the standing of the vehicle in that parking space or area is not authorized by Section 681.006, 681.007, or 681.008.
(b) A person commits an offense if the person stands a vehicle on which license plates issued under Section 504.201 or 504.202 are not displayed and a disabled parking placard is not displayed in a parking space or area designated specifically for individuals with disabilities by:
(1) a political subdivision; or
(2) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f).
(c) A person commits an offense if the person stands a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access aisle or curb ramp.
(d) A person commits an offense if the person lends a disabled parking placard issued to the person to a person who uses the placard in violation of this section.
(e) In a prosecution under this section, it is presumed that the registered owner of the motor vehicle is the person who left the vehicle standing at the time and place the offense occurred.
(f) A political subdivision may provide that this section applies to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Section 681.009(b).
(g) Except as provided by Subsections (h)-(k), an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $750.
(a) A law enforcement officer who believes that an offense under Section 681.011(a) or (d) has occurred in the officer's presence shall seize any disabled parking placard involved in the offense. Not later than 48 hours after the seizure, the officer shall determine whether probable cause existed to believe that the offense was committed. If the officer does not find that probable cause existed, the officer shall promptly return each placard to the person from whom it was seized. If the officer finds that probable cause existed, the officer, not later than the fifth day after the date of the seizure, shall destroy the placard and notify the department.
(a-1) A peace officer may seize a disabled parking placard from a person who operates a vehicle on which a disabled parking placard is displayed if the peace officer determines by inspecting the person's driver's license, personal identification certificate, or military identification that the disabled parking placard does not contain the first four digits of the driver's license number, personal identification certificate number, or military identification number and the initials of:
(1) the person operating the vehicle;
(2) the applicant on behalf of a person being transported by the vehicle; or
(3) a person being transported by the vehicle.
(a-2) A peace officer shall destroy a seized placard and notify the department.
(b) On seizure of a placard under Subsection (a) or (a-1), a placard is revoked. On request of the person from whom the placard was seized, the department shall conduct a hearing and determine whether the revocation should continue or the placard should be returned to the person and the revocation rescinded.
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