Travels Through the Transportation Code: Rules of the Road Presented by Gilbert Hernandez
1 Objectives:
Describe the Rules of the Road Determine why these are important to know Explain moving violations Distinguish some of their differences
Rules of the Road & Moving Violations
Rules of the Road
Moving Violations
Transportation Code
Title 3 Aviation Title 5 Railroads Title 6 Roadways Title 7 Vehicles and Traffic
2 Title 7 Vehicles and Traffic - subtitles
A. Certificate of Title and Registration B. Driver’s Licenses and Personal IDs C. Rules of the Road D. Motor Vehicle Safety Responsibility E. Vehicle size and weight F. Commercial Motor vehicles G. Motorcycles and off-highway vehicles H. Parking, towing, and storage I. Enforcement of traffic laws J. Miscellaneous provisions
Title 7 Vehicles and Traffic
Subtitle C Rules of the Road Chapters 541-600 Chapters 554-599 reserved for expansion
Chapter 542, T.C.
General Provisions Applicability: Vehicles on highways Gov vehicles Animals & animal-drawn vehicles Uniformity of interpretation of traffic laws Powers of local authorities Limitations of local authorities Limitation on municipalities Offenses General offense
3 Chapter 542, T.C.
General Provisions Punishable fine $1 - $200, 542.401 $3 Traffic Fund (TF), 542.403 $30 State Traffic Fee (STF), 542.4031 5% to municipality = $1.50
542.404, T.C.
Construction Zone Workers Present Twice the minimum fine Twice the maximum fine
Except: 548 (Insp),
552 pedestrians , 545.412 child safety seat,
or 545.413 safety belts
542.4045, T.C.
Failure to YROW and Accident Bodily injury: $500 - $2,000 Serious bodily injury: $1,000 - $4,000 542.405, TC Amount of Civil Penalty Penalty $75 (Red light camera) Late payment $25
4 Chapter 543, T.C.
543 Arrest and Prosecution Arrest without warrant Driving Safety Course fees 543.115 Convictions Reported to DPS 543.201
Chapter 544, T.C.
544 Traffic, Signs, Signals, & Markings Place and maintain traffic-control device Compliance with traffic-control device Interference Traffic-control signals in general 544.007 Right/Left on red Stop signs and Yield signs 544.010 Notification of Photographic Traffic Monitoring 100 ft
5 Chapter 545, T.C. Operation and Movement of Vehicles:
A. General provisions B. Driving on the right side of roadway & passing C. Turning and signals for stopping and turning D. Right of way E. Streetcars F. Special stops and speed restrictions G. Stopping, standing, and parking H. Speed restrictions I. Miscellaneous rules
Chapter 545, T.C.
Operation and movement of vehicles Driving on right side Driving / passing to the left 545.053
May not accelerate Signaling turns; Use if turn signals 545.104 Passing authorized emergency vehicle 545.157 Maximum speed requirement 545.351 Child safety seat system 545.412
Chapters 546 & 547, T.C.
546 Operation of authorized emergency vehicles & certain other vehicle 547 Vehicle equipment Lighting requirements Restrictions on use of lights Headlamps Taillamps Stoplamps $10.00 max dmd fee
6 Chapter 548, T.C.
Compulsory inspection of vehicles Inspection stations Vehicles & equipment subject to inspection Reinspection No insurance Failure to display 5 days Dismissal of charge; admin fee
Other Rules of the Road Chapters 550 Accidents and accident reports 551 Operation of bicycles, mopeds, & play vehicles 552 Pedestrians 553 Enactment and enforcement of certain traffic laws in certain municipalities 600 Miscellaneous provisions
Court Costs and Fees
Court Costs. Texas Municipal Courts. CCChart 2011-2013
7 “Overtaking a school bus” is a moving violation and as of 2009 Article 102.022, C.C.P., imposes a ten cent fee on all convictions of moving violations Fund the Statewide Repository of data related to Civil Justice
Violation?
So far we know:
Rules of the Road Certain Court Costs apply $40 State CF, $3 Local TFC, $25 Local CS, $30 State STF, $4 State SJRF, $2 State IDF State, and $6 JSF*3. ALL Moving violations incur $.10
8 We can also determine that:
If No Driver’s License falls under Sec. 521.021 T.C. Rules of the Road are Sec. 541-600 If Failure to Maintain Financial Responsibility (No insurance) falls under Sec. 601.191 T.C. Then TFC & STF do not apply to NOL & FMFR
Classify this violation:
http://www.flickr.com
What are moving violations?
Article 102.022, C.C.P., (a)(1) a moving violation involves the operation of a motor vehicle and (2) is classified as a moving violation by the DPS under 708.052, T.C.
9 Section 708.052, T.C.
(a) The driver’s license accumulates points, (b) for each conviction shall assign points as follows: (1) two points for moving violations (2) three points for a moving violation that resulted in an accident.
Section 708.053, T.C.
Annual Surcharge for points Accumulation of 6 points Preceding 36-month period
Section 708.054, T.C.
Amount of Points Surcharge $100 for the first 6 points $25 for each point thereafter
10 Section 708.102, T.C.
Surcharge for Conviction of Certain Intoxicated Driver Offenses Section 49.09 P.C. $1,000 per year for three years $1,500 per year for second or subsequent $2,000 for 1st or subsequent if level 0.16 at trial
Section 708.103, T.C.
Surcharge for Conviction of Driving While License Invalid or Without FMFR $250 per year
Section 708.104, T.C.
Surcharge for Conviction of Driving Without Valid License $100 for not more than three years
11 Where do moving violations live?
Texas Secretary of State State Rules & Open Meetings Tab
Texas Administrative Code
http://images3.wikia.nocookie.net/__cb20080623113636/uncyclopedia/images/c/cc/Bad_ driving.jpg
Texas Administrative Code (TAC)
TAC is a compilation of all state agency rules in Texas. There are 16 titles in the TAC. Each title represents a category and related agencies are assigned to the appropriate title.
http://www.sos.state.tx.us/tac/
TAC Title 37 Chap 15 Subchapter D Driver Improvement
§15.81 - Definition of Terms §15.82 - Notice of Suspension, Disqualification or Revocation, Order of Suspension, Disqualification and Revocation §15.83 - Hearing Requests §15.84 - Hearing §15.85 - Appeals §15.86 - Driver License Denials §15.87 - Cancellation of Driver License §15.88 - Demand for Surrender of Driver License §15.89 - Moving Violations
12 What is a moving violation – TAC?
(a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.
TAC Rule 15.89 cont’d
(b) A list of traffic offenses that constitute a moving violation is available in Table 1. Table 1 also indicates the moving violations that will be assessed points (1) Not all moving violations are assessed points
TAC Rule 15.89 cont’d
(2) Moving violation convictions that are assessed specific surcharges, Intoxicated driver offenses, Driving while license invalid or without financial responsibility, Driving without valid license, no commercial driver license, driving without the proper commercial license endorsement, and driving without the proper motorcycle endorsement, Will not be assessed points under the Driver Responsibility Program. http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p _rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=15&rl=89
13 How do points work?
Two points for a moving violation conviction Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions. Three points for a moving violation conviction that resulted in a vehicle crash.
Points cont’d
Points remain on the driver record for a period of three years. DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.
Annual Charges
Year 1: 1 stop sign + acc = 3 points Year 2: 1 speeding, 1 red light = 4 points Year 2: Driver owes $125 Year 3: No ticket Year 3: Driver owes $125 Year 4: FYROW = 2 points Year 4: Y1 drops, driver owes $100
14 Is there a difference?
Rules of the Road violations consist of: Many laws that pertain to vehicles and traffic governed by the T.C. Certain court costs apply A moving violation if it involves the operation of a motor vehicle
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Rules of the Road
Moving Violations
Questions?
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15 Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER D DRIVER IMPROVEMENT
RULE §15.89 Moving Violations
(a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.
(b) A list of traffic offenses that constitute a moving violation is available in Table 1.
Attached Graphic
(c) Table 1 also indicates the moving violations that will be assessed points under the Driver Responsibility Program, Texas Transportation Code (TRC), Chapter 708, Subchapter B.
(1) Not all moving violations are assessed points under the Driver Responsibility Program, however, they may be considered for Habitual Violator action under TRC, §521.292(a)(3).
(2) Moving violation convictions that are assessed specific surcharges pursuant to Texas Transportation Code, §§708.102 (intoxicated driver offenses), 708.103 (driving while license invalid or without financial responsibility), and 708.104 (driving without valid license including no commercial driver license, driving without the proper commercial license endorsement and driving without the proper motorcycle endorsement), will not be assessed points under the Driver Responsibility Program.
Source Note: The provisions of this §15.89 adopted to be effective June 22, 2004, 29 TexReg 5945; amended to be effective November 28, 2005, 30 TexReg 7889; amended to be effective June 8, 2006, 31 TexReg 4659; amended to be effective July 11, 2010, 35 TexReg 5899
Figure: 37 TAC §15.89(b)
Driver Responsibility Arrest Title Points Aggravated assault with motor vehicle Yes Allow passenger to stand/sit improperly on a school bus Yes Bus driver failed to activate warning signal/equipment Yes
1
Bus failed to stop at RR crossing Yes Bus shifting gears while crossing RR tracks Yes Carry motorcycle passenger under 5; except in side car Yes Changed lane when unsafe Yes Child passenger safety seat offense Yes Coasting Yes Coasting (truck, truck tractor or bus, specify) with clutch Yes disengaged Consume alcohol while driving Yes Criminal negligent homicide with motor vehicle--1st or 2nd degree Yes Crossed RR with heavy equipment without notice Yes Crossed RR with heavy equipment without stop (or safety) Yes Crossing fire hose without permission Yes Crossing physical barrier Yes Cut across driveway to make turn Yes Cut corner left turn Yes Cut in after passing Yes Did not use designated lane or direction Yes Disregard solid green turn signal arrow Yes Disregard warning signs or barricades Yes Disregarded flashing red signal (at stop sign, etc.) Yes Disregarded flashing yellow signal Yes Disregarded lane control signal Yes Disregarded no lane change sign Yes Disregarded no passing zone Yes Disregarded police officer Yes Disregarded RR crossing gate or flagman Yes Disregarded signal at RR crossing Yes Disregarded traffic control device Yes Disregarded turn marks at intersection Yes Disregarded warning sign at construction Yes Drive into block where fire engine stopped Yes Driving around barricades Yes Driving under influence No Driving under influence (DUI)--minor Yes Driving under influence of drugs No Driving while impaired No Driving while intoxicated > 0.16 No Driving while intoxicated with child younger than 15 yoa No
2
Driving while intoxicated--felony No Driving while intoxicated--juvenile No Driving while intoxicated--misdemeanor No Driving while intoxicated--on beach No Driving while intoxicated--probated No Driving while intoxicated--under 21 No Driving while license disqualified--CMV No Driving while license suspended under provisions of DL laws No Driving while license suspended--SR No Drove center lane (not passing, not turning left) Yes Drove on (or across) streetcar tracks where prohibited Yes Drove on sidewalk Yes Drove on wrong side--RR crossing Yes Drove on wrong side of approaching bridge Yes Drove on wrong side of divided highway Yes Drove on wrong side of road Yes Drove on wrong side road approaching intersection Yes Drove on wrong side road approaching RR grade crossing Yes Drove on wrong side road awaiting access to ferry Yes Drove onto (or from) controlled access highway where prohibited Yes Drove through safety zone Yes Drove to left of rotary traffic island Yes Drove without lights--when required Yes Drove wrong way in designated lane Yes Drove wrong way on one-way roadway Yes Endorsement violation CDL No Fail stop proper place-flash red signal Yes Fail to control speed Yes Fail to dim headlights--following Yes Fail to dim headlights--meeting Yes Fail to drive in single lane Yes Fail to give hand signals when required Yes Fail to give info/render aid No Fail to give one-half of roadway Yes Fail to keep to right on mountain road Yes Fail to pass left safely Yes Fail to pass met vehicle to right Yes Fail to pass to right safely Yes
3
Fail to signal for stop Yes Fail to signal required distance before turning Yes Fail to signal turn Yes Fail to signal with turn indicator Yes Fail to sound horn--mountain road Yes Fail to stop--designated point--at stop sign Yes Fail to stop--designated point--at yield sign Yes Fail to stop and render aid--felony No Fail to stop and render aid--misdemeanor No Fail to stop at marked RR crossing Yes Fail to stop at proper place (at traffic light) Yes Fail to stop at proper place (flashing red signal) Yes Fail to stop at proper place (not at intersection) Yes Fail to stop for approaching train Yes Fail to stop for school bus (or remain stopped, specify) Yes Fail to stop for streetcar--or stop at wrong location Yes Fail to stop--emerging from alley, driveway or bldg. Yes Fail to use due care for pedestrian Yes Fail to use proper headlight beam Yes Fail to yield at stop intersection Yes Fail to yield at yield intersection Yes Fail to yield for blind or incapacitated person Yes Fail to yield right of way Yes Fail to yield right of way from private road Yes Fail to yield row at open intersection (specify type) Yes Fail to yield row leaving (private drive, alley, building) Yes Fail to yield row on green arrow signal Yes Fail to yield row on green signal Yes Fail to yield row on left at obstruction Yes Fail to yield row to emergency vehicle Yes Fail to yield row to pedestrian at signal intersection Yes Fail to yield row to pedestrian in crosswalk Yes Fail to yield row to pedestrian in crosswalk--no signal Yes Fail to yield row to pedestrian on sidewalk Yes Fail to yield row to pedestrian turning right or left at intersection Yes Fail to yield row--changing lanes Yes Fail to yield row--turning left (at intersection, alley, private road or Yes driveway) Fail to yield row--turning right on red signal Yes
4
Fail to yield to vehicle in intersection Yes Fail to yield to vehicle leaving highway Yes Failed to give way when overtaken Yes Failed to signal lane change Yes Fleeing from police officer Yes Following ambulance Yes Following fire apparatus Yes Following too closely Yes Following too closely--caravan Yes Following too closely--truck Yes Head lamps glaring not adjusted Yes Heavy equipment disregarded signal of train Yes Illegal backing Yes Illegal pass on right Yes Illegally passed streetcar Yes Impeding traffic Yes Improper passing Yes Improper turn Yes Improper turn or stop hand signal Yes Improper use of auxiliary driving lamps Yes Improper use of auxiliary passing lamps Yes Improper use of lighting--hwy. equip. Yes Improper use of spot lamps Yes Improper use of turn indicator Yes Increased speed while being overtaken Yes Interfere with streetcar Yes Intoxication assault No Intoxication assault motor vehicle No Intoxication manslaughter No Intoxication manslaughter motor vehicle No Involuntary manslaughter with motor vehicle Yes Lack of caution on green arrow signal Yes Leaving scene of accident Yes Made U-turn on curve or hill Yes Negligent collision Yes No commercial driver license (CDL) No No double trailer endorsement (CDL) No No driver license No
5
No hazmat endorsement (CDL) No No motorcycle endorsement No No passenger vehicle endorsement (CDL) No No tank vehicle endorsement (CDL) No No school bus endorsement (CDL) No Obstructed view through windshield Yes Obstructing traffic Yes Open Container DRIVER Yes Operate school bus over passenger design capacity Yes Operate school bus with door open Yes Operate vehicle more than one passenger-minor Yes Operate vehicle where prohibited Yes Operate vehicle with child in open bed Yes Passed streetcar on left without reducing speed or without caution Yes Passed vehicle stopped for pedestrian Yes Passed--insufficient clearance Yes Passengers/load obstruct driver's view or control Yes Passing authorized emergency vehicle Yes Permitted/operated unsafe vehicle Yes Person(s) riding in trailer or semi-trailer Yes Prohibited motor vehicle on controlled-access highway Yes Racing--drag racing--acceleration contest, etc. Yes Ran red light Yes Ran stop sign Yes Reckless driving Yes Restriction violation--CDL Yes Slower vehicle failed to keep to right Yes Speed under minimum Yes Speeding No Speeding > 10% above posted speed limit Yes Speeding--15 miles or over (CDL) Yes Speeding--school zone Yes Too many riders on motorcycle Yes Turned across dividing section Yes Turned left from wrong lane Yes Turned right from wrong lane Yes Turned right too wide Yes Turned so as to impede or interfere with streetcar Yes
6
Turned when unsafe Yes Unauthorized use of siren, bell or whistle Yes Unsafe speed (too fast for conditions) Yes Unsafe start Yes Unsafe start from parked, stopped or standing position Yes Use of school bus signal for wrong purpose Yes Use wireless device while driving bus Yes Use wireless device while driving--minor Yes Use wireless device in school zone Yes Veh. hauling explosives (or flammable materials) failed to stop at Yes RR crossing Veh. hauling explosives failed to reduce speed at RR crossing Yes Vehicle without required equipment or in unsafe condition Yes Violate DL restriction Yes Violate DL restriction on occupational license Yes Violate operating hours-minor Yes Violated out of service order Yes Violated out-of-service order hazmat and/or passenger Yes Wrong side road--not passing Yes Wrong side, 4 or more lane, two-way roadway Yes
7