Traffic Code and Crash Investigations Flashcards

Question

Railroad

Answer 1

means a carrier that operates cars, other than streetcars, on stationary rails to transport persons or property.

Answer 2

means a steam engine or electric or other motor with or without an attached car operated on rails, other than a streetcar.

Answer 3

means a car, other than a railroad train, used to transport persons or property and operated on rails located primarily within a municipality.

Answer 4

means a motor vehicle engine modification designed to control or reduce the emission of substances from a motor vehicle or motor vehicle engine, of a model year of 1968 or later, and installed on or incorporated in a motor vehicle or motor vehicle engine in compliance with requirements imposed by the Motor Vehicle Air Pollution Control Act (42 U.S.C. Section 1857 et seq.) or other applicable law.

Answer 5

includes a tire the surface of which in contact with the highway is wholly or partly made of metal or other hard, nonresilient material.

Answer 6

means a device that reduces noise using: (A) a mechanical design, including a series of chambers or baffle plates, to receive exhaust gas from an internal combustion engine; or (B) turbine wheels to receive exhaust gas from a diesel engine.

Answer 7

includes only a tire that: (A) is made of rubber or another resilient material; and (B) does not use compressed air to support its load.

Answer 8

means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.

Answer 9

means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle. The term: (A) includes a person entitled to use and possess a vehicle subject to a security interest; and (B) excludes a lienholder and a lessee whose lease is not intended as security.

Answer 10

means a person on foot.

Answer 11

means an individual, firm, partnership, association, or corporation.

Answer 12

means a responsible 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.

Answer 13

means the Department of Public Safety acting directly or through its authorized officers and agents.

Answer 14

means the public safety director

Answer 15

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.

Answer 16

means an officer authorized to direct traffic or arrest persons who violate traffic regulations.

Answer 17

when referring to a part of the United States, includes any state, district, commonwealth, territory, and insular possession of the United States and any area subject to the legislative authority of the United States of America.

Answer 18

means an area that: (1) contains at least one municipality with a population of at least 100,000; and (2) includes the adjacent municipalities and unincorporated urban districts.

Answer 19

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.

Answer 20

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.

Answer 21

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.

Answer 22

means physical pain, illness, or any impairment of physical condition.

Answer 23

means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

Answer 24

means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Answer 25

means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Answer 26

includes, for an individual who is an unborn child, the failure to be born alive.

Answer 27

means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel.

Answer 28

means a street that: (A) is not used primarily for through traffic; and (B) provides access to rear entrances of buildings or lots along a street.

Answer 29

means: (A) the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or (B) the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite

Answer 30

means a divided, controlled-access highway for through traffic.

Answer 31

means a freeway lane having an uninterrupted flow of through traffic.`

Answer 32

means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

Answer 33

means a paved shoulder

Answer 34

means a roadway that is divided into at least two clearly marked lanes for vehicular travel.

Answer 35

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.

Answer 36

means 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.

Answer 37

means 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.

Answer 38

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.

Answer 39

means 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.

Answer 40

means 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.

Answer 41

means 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.

Answer 42

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.

Answer 43

means the portion of a street that is: (A) between a curb or lateral line of a roadway and the adjacent property line; and (B) intended for pedestrian use.

Answer 44

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.

Answer 45

means the common area at the junction of two highways, other than the junction of an alley and a highway. (b) The dimensions of an intersection include only the common area: (1) within the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or (2) 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. (c) 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.

Answer 46

means a sign, signal, marking, or device that is: (A) consistent with this subtitle; (B) placed or erected by a public body or officer having jurisdiction; and (C) used to regulate, warn, or guide traffic.

Answer 47

means 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.

Answer 48

means a manual, electric, or mechanical device that alternately directs traffic to stop and to proceed.

Answer 49

means the period beginning one-half hour before sunrise and ending one-half hour after sunset.

Answer 50

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.

Answer 51

means a liquid that has a flash point of not more than 70 degrees Fahrenheit as determined by a tagliabue or equivalent closed-cup test device.

Answer 52

means the weight of a vehicle and the weight of its load.

Answer 53

means the period beginning one-half hour after sunset and ending one-half hour before sunrise.

Answer 54

means to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.

Answer 55

means an injury to any part of the human body and that requires treatment.

Answer 56

means 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.

Answer 57

means 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.

Answer 58

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.

Answer 59

mean to discharge, deposit, inject, spill, leak, or place litter on or into land or water.

Answer 60

means: (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 or 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; (ii) noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and (iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.

Answer 61

means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park: (A) is opened to the public for vehicular traffic; (B) is used as a public recreational area; or (C) is under the state's legislative jurisdiction through its police power.

Answer 62

a) 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. b) 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. (c) 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. (d) 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. An offense under this section is a Class A misdemeanor if: (1) 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 (2) 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. An offense under this section is a state jail felony if the litter or solid waste to which the offense applies: (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more; (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or (3) is contained in a closed barrel or drum.

Answer 63

(a) The commissioners court of a county may: (1) by order prohibit the accumulation of litter for more than 30 days on a person's property within 50 feet of a public highway in the county; (2) provide for the removal and disposition of litter accumulated near a public highway in violation of an order adopted under this section; and (3) provide for the assessment against a person who owns the property from which litter is removed under Subdivision (2) of the costs incurred by the county in removing and disposing of the litter. The violation of an order adopted under this section is a Class C misdemeanor.

Answer 64

This subtitle does not prevent an owner of private property that is a private road from: (1) regulating or prohibiting use of the property by the public for vehicular travel; or (2) requiring conditions different from or in addition to those specified by this subtitle.

Answer 65

(a) The owners of a majority of the parcels of real property abutting a private road may petition the Texas Transportation Commission to extend the speed restrictions of this subtitle to the portion of the road in a subdivision or across adjacent subdivisions if: (1) the road is not in a municipality; (2) the total number of residents in the subdivision and subdivisions adjacent to the subdivision is at least 400; and (3) a plat for the subdivision and each adjacent subdivision included to determine the number of residents under Subdivision (2) has been filed in the deed records of the county.

Answer 66

a) A person commits an offense if the person performs an act prohibited or fails to perform an act required by this subtitle. (b) Except as otherwise provided, an offense under this subtitle is a misdemeanor.

Answer 67

A person who owns a vehicle or employs or otherwise directs the operator of a vehicle commits an offense if the person requires or knowingly permits the operator of the vehicle to operate the vehicle in a manner that violates law.

Answer 68

(a) A person who attempts to commit or conspires to commit an act declared by this subtitle to be an offense is guilty of the offense. (b) A person who falsely, fraudulently, or wilfully permits another to violate this subtitle is guilty of the violation.

Answer 69

A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200.

Answer 70

(a) Except as provided by Subsection (c), if an offense under this subtitle, other than an offense under Chapter 548 or 552 or Section 545.412 or 545.413, is committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed: (1) the minimum fine applicable to the offense is twice the minimum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone; and (2) the maximum fine applicable to the offense is twice the maximum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone. (b) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022. (c) The fine prescribed by Subsection (a) applies to a violation of a prima facie speed limit authorized by Subchapter H, Chapter 545, only if the construction or maintenance work zone is marked by a sign indicating the applicable maximum lawful speed.

Answer 71

If it is shown on the trial of an offense under this subtitle in which an element is the failure by the operator of a vehicle to yield the right-of-way to another vehicle that an accident resulted from the operator's failure to yield the right-of-way: (1) the offense is punishable by a fine of not less than $500 or more than $2,000, if a person other than the operator of the vehicle suffered bodily injury, as defined by Section 1.07, Penal Code, in the accident; and (2) the offense is punishable by a fine of not less than $1,000 or more than $4,000, if a person other than the operator of the vehicle suffered serious bodily injury, as defined by Section 1.07, Penal Code, in the accident.

Answer 72

A person may not wilfully fail or refuse to comply with a lawful order or direction of: (1) a police officer; (2) a school crossing guard who: (A) is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian; or (B) has been trained under Section 600.004 and is directing traffic in a school crossing zone; or (3) an escort flagger who is directing or controlling the flow of traffic in accordance with a permit issued by the Texas Department of Motor Vehicles under Subtitle E for the movement of an oversize or overweight vehicle.

Answer 73

means an authorization issued by the department for the operation of a motor vehicle. The term includes: (A) a temporary license or learner license; and (B) an occupational license.

Answer 74

means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit.

Answer 75

means the value specified by the manufacturer as the loaded weight of a single vehicle.

Answer 76

means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes: (A) a driver's license; (B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and (C) a nonresident's operating privilege.

Answer 77

means a person who is not a resident of this state.

Answer 78

A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

Answer 79

(a) A person required to hold a license under Section 521.021 shall: (1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and (2) display the license on the demand of a magistrate, court officer, or peace officer. (b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section. (c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that: (1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; (2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by: (A) a fine of not less than $25 or more than $500; (B) confinement in the county jail for not less than 72 hours or more than six months; or (C) both the fine and confinement; and (3) if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person, an offense under this section is a Class A misdemeanor. (d) It is a defense to prosecution under this section if the person charged produces in court a driver's license: (1) issued to that person; (2) appropriate for the type of vehicle operated; and (3) valid at the time of the arrest for the offense. (e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section. (f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).

Answer 80

(a) A judge may dismiss a charge of driving with an expired license if the defendant remedies this defect within 20 working days or before the defendant's first court appearance date, whichever is later. (b) The judge may assess the defendant a reimbursement fee not to exceed $20 when the charge of driving with an expired driver's license is dismissed under Subsection (a).

Answer 81

The following persons are exempt from the license requirement imposed under this chapter: (1) a person in the service of the state military forces or the United States while the person is operating an official motor vehicle in the scope of that service; (2) a person while the person is operating a road machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003; (3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and (4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.

Answer 82

(a) Unless the license is suspended, canceled, or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, notwithstanding the expiration date of the license, remains valid while the person is absent from this state. If the person is honorably discharged from active duty, the license remains valid until the earlier of: (1) the 91st day after the date of the discharge; or (2) the date on which the person returns to this state. (b) A person on active duty in the armed forces of the United States who has in the person's possession a license issued in a foreign country by the armed forces of the United States may operate a motor vehicle in this state for a period of not more than 90 days after the date on which the person returns to the United States.

Answer 83

(a) A person who enters this state as a new resident may operate a motor vehicle in this state for no more than 90 days after the date on which the person enters this state if the person: (1) is 16 years of age or older; and (2) has in the person's possession a driver's license issued to the person by the person's state or country of previous residence. (b) If a person subject to this section is prosecuted for operating a motor vehicle without a driver's license, the prosecution alleges that the person has resided in this state for more than 90 days, and the person claims to have been covered by Subsection (a), the person must prove by the preponderance of the evidence that the person has not resided in this state for more than 90 days.

Answer 84

(a) Except as provided by this section, the department shall record each accident report and abstract of the court record of a conviction received by the department under a law of this state. (b) The records must enable the department to consider, on receipt of a renewal application and at other suitable times, the record of each license holder that shows any: (1) conviction of that license holder; and (2) traffic accident in which the license holder has been involved. (c) The record of a license holder who is employed as a peace officer, fire fighter, or emergency medical services employee of this state, a political subdivision of this state, or a special purpose district may not include information relating to a traffic accident that occurs while the peace officer, fire fighter, or emergency medical services employee is driving an official vehicle in the course and scope of the license holder's official duties if: (1) the traffic accident resulted in damages to property of less than $1,000; or (2) an investigation of the accident by a peace officer, other than a peace officer involved in the accident, determines that the peace officer, fire fighter, or emergency medical services employee involved in the accident was not at fault. (d) Before issuing or renewing a license, the department shall examine the record of the applicant for information relating to a conviction of a traffic violation or involvement in a traffic accident. The department may not issue or renew a license if the department determines that the issuance or renewal of the license would be inimical to the public safety. (e) The director may maintain records required under this subchapter on microfilm or computer.

Answer 85

(a) This section applies to a person who: (1) after applying for or being issued a license or certificate moves to a new residence address; (2) has used the procedure under Section 521.121(c) and whose status as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, a state judge, or a family member of a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge becomes inapplicable; or (3) changes the person's name by marriage or otherwise. (b) A person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person's current residence address. (c) A person changing the person's address shall notify the department of the old and new addresses and the number of the license or certificate held by the person. A person changing the person's name shall notify the department of the former and new names and the number of the license or certificate held by the person. (d) A court may dismiss a charge for a violation of this section if the defendant remedies the defect not later than the 20th working day after the date of the offense and pays a reimbursement fee not to exceed $20. The court may waive the reimbursement fee if the waiver is in the interest of justice.

Answer 86

(a) The department shall maintain in its files a record of the name, address, and telephone number of each individual identified by the holder of a driver's license or personal identification certificate as an individual the holder authorizes to be contacted in the event that the holder is injured or dies in or as a result of a vehicular accident or another emergency situation. In addition, the department shall maintain in its files a record of any medical information described by Section 521.125(a) that is provided to the department under Subsection (c) or any health condition information that is voluntarily provided to the department under Section 521.142(h). (b) A record maintained by the department under Subsection (a) is confidential and, on request, may be disclosed: (1) only to a peace officer in this or another state; (2) only if the peace officer is otherwise authorized to obtain information in the driver's license or personal identification certificate files of the department; and (3) only for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver's license or personal identification certificate, learning the nature of any medical information reported by the person who holds the driver's license or identification certificate, or learning whether the person who holds the driver's license or identification certificate has a health condition that may impede communications with the peace officer.

Answer 87

A Class A driver's license authorizes the holder of the license to operate: (1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or (2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.

Answer 88

(a) A Class B driver's license authorizes the holder of the license to operate: (1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds; (2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing: (A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or (B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and (3) a bus with a seating capacity of 24 passengers or more. (b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.253, except that the operator's seat is included in the computation.

Answer 89

A Class C driver's license authorizes the holder of the license to operate: (1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and (2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.

Answer 90

A Class M driver's license authorizes the holder of the license to operate a motorcycle as defined by Section 541.201.

Answer 91

a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle. (b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is: (1) a motorcycle described by Section 521.001(a)(6-a) or an autocycle as defined by Section 501.008; or (2) a type of motorcycle defined by the department under Section 521.001(c) and designated by the department as qualifying for operation under this section.

Answer 92

(a) The driver's license must include: (1) a distinguishing number assigned by the department to the license holder; (2) a photograph of the entire face of the holder; (3) the full name and date of birth of the holder; (4) a brief description of the holder; and (5) the license holder's residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder's spouse or parent serves as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge. (b) The driver's license must include a facsimile of the license holder's signature or a space on which the holder shall write the holder's usual signature in ink immediately on receipt of the license. A license is not valid until it complies with this subsection. (c) The department shall establish a procedure, on a license holder's qualification for or appointment to office as a federal or state judge as defined by Section 1.005, Election Code, or as a federal bankruptcy judge, a marshal of the United States Marshals Service, or a United States attorney, to omit the residence address of the judge or official and any family member of the judge or official on the license holder's license and to include, in lieu of that address, the street address of the courthouse or office building in which the license holder or license holder's spouse or parent serves as a federal or state judge or official. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 24.010, eff. September 1, 2011. (e) Except as provided by this section, a driver's license issued under this chapter: (1) must: (A) be in the same format; (B) have the same appearance and orientation; and (C) contain the same type of information; and (2) may not include any information that this chapter does not reference or require.

Answer 93

To be issued a driver's license under this section, an applicant must apply to the department and provide sufficient evidence acceptable to the department to establish the applicant's status as a person described under Subsection (a-1). On issuance of the license, the license holder shall surrender any other driver's license issued to the holder by the department. (d) If the holder of a driver's license that includes an alternative address moves to a new residence, or, for a prosecutor, to a new office address, or if the name of the person is changed by marriage or otherwise, the license holder shall, not later than the 30th day after the date of the address or name change, notify the department and provide the department with the number of the person's driver's license and, as applicable, the person's: (1) former and new addresses; or (2) former and new names. (e) If the holder of a driver's license that includes an alternative address ceases to be a person described by Subsection (a-1), the license holder shall, not later than the 30th day after the date of the status change, apply to the department for issuance of a duplicate license. The duplicate license must include the person's actual current residence address. (f) The department shall accept as an alternative address: (1) for a peace officer, an address that is in the: (A) municipality or county of the peace officer's residence; or (B) county of the peace officer's place of employment; and (2) for a prosecutor, the address of an office of the prosecutor.

Answer 94

The department shall: (1) designate and clearly mark as a provisional license each original driver's license issued by the department to a person who is under 18 years of age; and (2) for each original, renewed, or duplicate license issued to a person who is under 21 years of age: (A) indicate "UNDER 21" on the face of the license; and (B) orient the information on the license to clearly distinguish the license from a license that is issued to a person who is 21 years of age or older.

Answer 95

(a) On the reverse side of a driver's license, the department shall: (1) print: (A) "Allergic Reaction to Drugs: __________"; (B) "Directive to physician has been filed at tel. #"; (C) "Emergency contact tel. #"; and (D) if space allows, any medical information provided by the license holder under Section 521.142(h); (2) include to the right of the statements under Subdivisions (1)(B) and (C) a surface on which the license holder may write the appropriate telephone number; and (3) include to the left of each of the statements under Subdivisions (1)(B) and (C) a box that the license holder may use to indicate for what purpose the telephone number applies. (b) In addition to the requirements of Subsection (a)(1)(D), if space allows, the department shall indicate any medical information by a uniform symbol or code on the face of the license in the space where the department indicates a restriction or endorsement.

Answer 96

(a) In this section, "post office box address" means a United States Postal Service post office box address or a private mailbox address. (b) Unless an exception exists under state or federal law, an applicant may receive delivery of a license or a personal identification certificate at a post office box address only if the applicant has provided the department the physical address where the applicant resides. (c) The department may require the applicant to provide documentation that the department determines necessary to verify the validity of the physical address provided under Subsection (b). (d) The department may contract with a third-party personal data verification service to assist the department in verifying whether the physical address provided by the applicant is the applicant's actual residence.

Answer 97

(a) An application for an original driver's license must be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required under Chapter 601. The department may require an application for a renewal of a driver's license to be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required under Chapter 601. (b) Evidence of financial responsibility presented under this section must be in at least the minimum amounts required by Section 601.072 and must cover each motor vehicle owned by the applicant for which the applicant is required to maintain evidence of financial responsibility. The evidence may be shown in the manner provided by Section 601.053(a). (c) A personal automobile insurance policy used as evidence of financial responsibility under this section must comply with Article 5.06 or 5.145, Insurance Code. (d) A statement that an applicant does not own a motor vehicle to which the evidence of financial responsibility requirement applies must be sworn to and signed by the applicant.

Answer 98

(a) A new resident of this state who applies for a driver's license must submit with the application: (1) evidence that each motor vehicle owned by the person is registered under Chapter 502; or (2) an affidavit that the applicant does not own a motor vehicle required to be registered under Chapter 502. (b) The department may not issue a driver's license to a new resident who fails to comply with Subsection (a).

Answer 99

The department may not issue any license to a person who: (1) is under 15 years of age; (2) is under 18 years of age unless the person complies with the requirements imposed by Section 521.204; (3) is shown to be addicted to the use of alcohol, a controlled substance, or another drug that renders a person incapable of driving; (4) holds a driver's license issued by this state or another state or country that is revoked, canceled, or under suspension; (5) has been determined by a judgment of a court to be totally incapacitated or incapacitated to act as the operator of a motor vehicle unless the person has, by the date of the license application, been: (A) restored to capacity by judicial decree; or (B) released from a hospital for the mentally incapacitated on a certificate by the superintendent or administrator of the hospital that the person has regained capacity; (6) the department determines to be afflicted with a mental or physical disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle on a highway, except that a person may not be refused a license because of a physical defect if common experience shows that the defect does not incapacitate a person from safely operating a motor vehicle; (7) has been reported by a court under Section 521.3452 for failure to appear unless the court has filed an additional report on final disposition of the case; or (8) has been reported by a court for failure to appear or default in payment of a fine for a misdemeanor that is not covered under Subdivision (7) and that is punishable by a fine only, including a misdemeanor under a municipal ordinance, committed by a person who was under 17 years of age at the time of the alleged offense, unless the court has filed an additional report on final disposition of the case.

Answer 100

(a) The department may issue a learner license, including a Class A or Class B driver's learner license, to a person who: (1) is 15 years of age or older but under 18 years of age; (2) has satisfactorily completed and passed the classroom phase of an approved driver education course, which may be a course taught under Section 1001.112, Education Code; (3) meets the requirements imposed under Section 521.204(a)(3); and (4) has passed each examination required under Section 521.161 other than the driving test.

Answer 101

(a) The department may issue a license to a person who complies with the requirements of Subsection (b) if the department finds that: (1) the failure to issue the license will result in an unusual economic hardship for the family of the applicant; (2) the license is necessary because of the illness of a member of the applicant's family; or (3) the license is necessary because the applicant is enrolled in a vocational education program and requires a driver's license to participate in the program. (b) An applicant for a license under Subsection (a) must be 15 years of age or older and must: (1) have passed a driver education course approved by the department, which may be a course approved under Chapter 1001, Education Code; and (2) pass the examination required by Section 521.161.

Answer 102

(b) The department may issue a special restricted Class M license that authorizes the holder to operate only a motorcycle that has not more than a 250 cubic centimeter piston displacement. (c) A person is eligible for a restricted motorcycle license if the person: (1) is 15 years of age or older but under 18 years of age; (2) has completed and passed a motorcycle operator training course approved by the department; and (3) has met the requirements imposed under Section 521.145. (d) The department shall make the motorcycle operator training course available. (e) On the 16th birthday of a holder of a special restricted Class M license, the department shall remove the 250 cubic centimeter restriction from the license without completion by the holder of an additional motorcycle operator training course. (f) An applicant for the special restricted license must apply in accordance with Subchapter G. The applicant is subject to the requirements of Section 521.161 and to other provisions of this chapter in the same manner as an applicant for another license. The department shall prescribe the form of the license.

Answer 103

means a need of a person for the operation of a motor vehicle: (A) in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade; (B) for transportation to and from an educational facility in which the person is enrolled; or (C) in the performance of essential household duties.

Answer 104

means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle.

Answer 105

(a) A person whose license has been suspended for a cause other than a physical or mental disability or impairment or a conviction of an offense under Sections 49.04-49.08, Penal Code, may apply for an occupational license by filing a verified petition with the clerk of a justice, county, or district court with jurisdiction that includes the precinct or county in which: (1) the person resides; or (2) the offense occurred for which the license was suspended. (b) A person may apply for an occupational license by filing a verified petition only with the clerk of the court in which the person was convicted if: (1) the person's license has been automatically suspended or canceled under this chapter for a conviction of an offense under the laws of this state; and (2) the person has not been issued, in the 10 years preceding the date of the filing of the petition, more than one occupational license after a conviction under the laws of this state. (c) A petition filed under this section must set forth in detail the person's essential need. (d) A petition filed under Subsection (b) must state that the petitioner was convicted in that court for an offense under the laws of this state. (e) The clerk of the court shall file the petition as in any other matter. (f) A court may not grant an occupational license for the operation of a commercial motor vehicle to which Chapter 522 applies.

Answer 106

(a) An order granting an occupational license must specify: (1) the hours of the day and days of the week during which the person may operate a motor vehicle; (2) the reasons for which the person may operate a motor vehicle; (3) areas or routes of travel permitted; (4) that the person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, if applicable; and (5) that the person must submit to periodic testing for alcohol or controlled substances, if applicable. (b) The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period. (c) An order granting an occupational license remains valid until the end of the period of suspension of the person's regular driver's license. (d) A person who is restricted to the operation of a motor vehicle equipped with an ignition interlock device may not be subject to any time of travel, reason for travel, or location of travel restrictions described by Subsection (a)(1), (2), or (3) or (b).

Answer 107

(a) The court shall send a certified copy of the petition and the court order setting out the judge's findings and restrictions to the department. The person may use a copy of the order as a restricted license until the 45th day after the date on which the order takes effect. (b) On receipt of the copy under this section and after compliance with Chapter 601, the department shall issue an occupational license to the person. The license must refer on its face to the court order.

Answer 108

A person who is issued an occupational license shall have in the person's possession a certified copy of the court order granting the license while operating a motor vehicle. The person shall allow a peace officer to examine the order on request.

Answer 109

(a) A person who holds an occupational license commits an offense if the person: (1) operates a motor vehicle in violation of a restriction imposed on the license; or (2) fails to have in the person's possession a certified copy of the court order as required under Section 521.250. (b) An offense under this section is a Class B misdemeanor. (c) On conviction of an offense under this section, the occupational license and the order granting that license are revoked.

Answer 110

a) Each original driver's license, provisional license, learner license, or occupational driver's license issued to an applicant who is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires as follows: (1) except as provided by Section 521.2711, a driver's license expires on the first birthday of the license holder occurring after the eighth anniversary of the date of the application; (2) a provisional license expires on the 18th birthday of the license holder; (3) a learner license expires on the 18th birthday of the license holder; (4) an occupational driver's license expires on the first anniversary of the court order granting the license; and (5) unless an earlier date is otherwise provided, a driver's license issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.

Answer 111

(a) Each original driver's license of a person 85 years of age or older expires on the license holder's second birthday after the date of the license application. (b) A driver's license of a person 85 years of age or older that is renewed expires on the second anniversary of the expiration date before renewal. (c) Notwithstanding Subsections (a) and (b), an original or renewal driver's license issued to an applicant who is 85 years of age or older and not a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires on: (1) the earlier of: (A) the second anniversary of the expiration date before renewal; or (B) the expiration date of the applicant's authorized stay in the United States; or (2) the first anniversary of the date of issuance if there is no definite expiration date for the applicant's authorized stay in the United States.

Answer 112

(a) The department shall suspend the person's license if the department determines that the person: (1) has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied; (2) is a habitually reckless or negligent operator of a motor vehicle; (3) is a habitual violator of the traffic laws; (4) has permitted the unlawful or fraudulent use of the person's license; (5) has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension; (6) has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license; (7) has been responsible as a driver for any accident resulting in serious personal injury or serious property damage; (8) is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period; or (9) has committed an offense under Section 545.421.

Answer 113

For purposes of Subsection (a)(3), a person is a "habitual violator" if the person has four or more convictions that arise out of different transactions in 12 consecutive months, or seven or more convictions that arise out of different transactions in 24 months, if the convictions are for moving violations of the traffic laws of any state, Canadian province, or political subdivision, other than a violation under: (1) Section 621.101, 621.201, or 621.203-621.207; (2) Subchapter B or C, Chapter 623; or (3) Section 545.413.

Answer 114

(a) A license is automatically suspended on final conviction of the license holder of: (1) an offense under Section 502.475(a)(4); or (2) an offense under Section 548.603(a)(1) that involves a fictitious vehicle inspection report. (b) A suspension under this section is for 180 days. (c) If the person is a resident of this state without a driver's license to operate a motor vehicle, the director shall issue an order prohibiting the person from being issued a driver's license before the 181st day after the date of the conviction.

Answer 115

(a) A license is automatically suspended on conviction of an offense under Section 545.420(a). (b) A suspension under this section is for one year, except as provided by this section. (c) A person whose license is suspended under Subsection (a) remains eligible to receive an occupational license under Subchapter L, except that an occupational license issued to a person younger than 18 years of age whose license is suspended under this section may permit the operation of a motor vehicle only for transportation to and from an educational facility in which the person is enrolled and the place where the person resides. (d) A person whose license is suspended under Subsection (a) shall be required by the court in which the person was convicted to perform at least 10 hours of community service as ordered by the court. If the person is a resident of this state without a driver's license to operate a motor vehicle, the court shall issue an order prohibiting the department from issuing the person a driver's license before the person completes the community service. Community service required under this subsection is in addition to any community service required of the person as a condition of community supervision under Article 42A.304, Code of Criminal Procedure. (e) If a person who is required to perform community service under Subsection (d) completes that community service before the end of the person's license suspension, the person may apply to the department for reinstatement of the person's license or the issuance of a new license. The application must include proof satisfactory to the department that the person has performed the community service. (f) If a person whose license is suspended under this section is subsequently convicted of an offense under Section 521.457(a) during the period of license suspension, in addition to the penalties provided by Section 521.457, the department shall revoke the person's license until the first anniversary of the date of conviction and may not reinstate the person's license or issue the person a new license before that date.

Answer 116

(a) Except as provided by Section 521.452, a person may not: (1) display, cause or permit to be displayed, or have in the person's possession a driver's license or certificate that the person knows is fictitious or has been altered; (2) lend the person's driver's license or certificate to another person or knowingly permit another person to use the person's driver's license or certificate; (3) display or represent as the person's own a driver's license or certificate not issued to the person; (4) possess more than one currently valid driver's license or more than one currently valid certificate; or (5) in an application for an original, renewal, or duplicate driver's license or certificate: (A) provide a false name, false address, or a counterfeit document; or (B) knowingly make a false statement, conceal a material fact, or otherwise commit fraud. (b) An offense under this section is a Class A misdemeanor. (c) If conduct that constitutes an offense under Subsection (a) also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07, Alcoholic Beverage Code.

Answer 117

(a) Except as provided by Subsection (f), a person under the age of 21 years commits an offense if the person possesses, with the intent to represent that the person is 21 years of age or older, a document that is deceptively similar to a driver's license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height. (b) For purposes of this section, a document is deceptively similar to a driver's license or personal identification certificate if a reasonable person would assume that it was issued by the department, another agency of this state, another state, or the United States. (c) A peace officer listed in Article 2.12, Code of Criminal Procedure, may confiscate a document that: (1) is deceptively similar to a driver's license or personal identification certificate; and (2) does not display the statement required under Subsection (a). (d) For purposes of this section, an offense under Subsection (a) is a Class C misdemeanor. (e) The attorney general, district attorney, or prosecuting attorney performing the duties of the district attorney may bring an action to enjoin a violation or threatened violation of this section. The action must be brought in a court in the county in which the violation or threatened violation occurs. (f) Subsection (a) does not apply to: (1) a government agency, office, or political subdivision that is authorized to produce or sell personal identification certificates; or (2) a person that provides a document similar to a personal identification certificate to an employee of the person for a business purpose. (g) In this section: (h) In addition to the punishment provided by Subsection (d), a court, if the court is located in a municipality or county that has established a community service program, may order a person younger than 21 years of age who commits an offense under this section to perform eight hours of community service unless the person is shown to have previously committed an offense under this section, in which case the court may order the person to perform 12 hours of community service. (i) If the person ordered to perform community service under Subsection (h) is younger than 17 years of age, the community service shall be performed as if ordered by a juvenile court under Section 54.044(a), Family Code, as a condition of probation under Section 54.04(d), Family Code.

Answer 118

a) A person commits an offense if the person operates a motor vehicle on a highway: (1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter; (2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state; (3) while the person's driver's license is expired if the license expired during a period of suspension; or (4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter. (b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway. (c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341. (d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person's license. For purposes of this section, actual notice is presumed if the notice was sent in accordance with law. (e) Except as provided by Subsections (f), (f-1), and (f-2), an offense under this section is a Class C misdemeanor. (f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person: (1) has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003; or (2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191. (f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor. (f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person. (g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.

Answer 119

(a) A person may not knowingly permit or cause the person's child or ward who is under 18 years of age to operate a motor vehicle on a highway in violation of this chapter. (b) A person may not authorize or knowingly permit a motor vehicle owned by or under the control of the person to be operated on a highway by any person in violation of this chapter.

Answer 120

a) A person may not rent a motor vehicle to any other person unless the other person holds a driver's license under this chapter or, if a nonresident, holds a license issued under the laws of the state or Canadian province in which the person resides, unless that state or province does not require that the operator of a motor vehicle hold a license. (b) A person may not rent a motor vehicle to a renter until the person has inspected the renter's driver's license. (c) Each person who rents a motor vehicle to another shall maintain a record of: (1) the number of the license plate issued for the motor vehicle; (2) the name and address of the person to whom the vehicle is rented; (3) the license number of the person to whom the vehicle is rented; (4) the date the license was issued; and (5) the place where the license was issued. (d) The record maintained under Subsection (c) may be inspected by any police officer or officer or employee of the department.

Answer 121

(a) A person who violates a provision of this chapter for which a specific penalty is not provided commits an offense. (b) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.

Answer 122

means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.

Answer 123

means a permit that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011(a)(2)(B).

Answer 124

means a motor vehicle or combination of motor vehicles used to transport passengers or property that: (A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds; (B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds; (C) is designed to transport 16 or more passengers, including the driver; or (D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

Answer 125

means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit.

Answer 126

means the value specified by the manufacturer as the loaded weight of a single vehicle.

Answer 127

(a) This chapter does not apply to: (1) a vehicle that is controlled and operated by a farmer and: (A) used to transport agricultural products, farm machinery, or farm supplies to or from a farm; (B) used within 150 miles of the person's farm; and (C) not used in the operations of a common or contract motor carrier; (2) a fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter; (3) a military vehicle or a commercial motor vehicle, when operated for military purposes by military personnel, including: (A) active duty military personnel, including personnel serving in the United States Coast Guard; and (B) members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel engaged in part-time training, and national guard military technicians; (4) a recreational vehicle that is driven for personal use; (5) a vehicle that is owned, leased, or controlled by an air carrier, as defined by Section 21.155, and that is driven or operated exclusively by an employee of the air carrier only on the premises of an airport, as defined by Section 22.001, on service roads to which the public does not have access; (6) a vehicle used exclusively to transport seed cotton modules or cotton burrs; (7) a vehicle, including a vehicle described by Section 504.502(i), that is: (A) operated intrastate; and (B) driven by an individual not for compensation and not in the furtherance of a commercial enterprise; or (8) a covered farm vehicle as defined by 49 C.F.R. Section 390.5. (b) In this section, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters for recreational camping or travel use. The term includes a travel trailer, camping trailer, truck camper, and motor home.

Answer 128

(a) A person may not drive a commercial motor vehicle unless: (1) the person: (A) has in the person's immediate possession a commercial driver's license issued by the department appropriate for the class of vehicle being driven; and (B) is not disqualified or subject to an out-of-service order; (2) the person: (A) has in the person's immediate possession a commercial learner's permit and driver's license issued by the department; and (B) is accompanied by the holder of a commercial driver's license issued by the department with any necessary endorsements appropriate for the class of vehicle being driven, and the license holder: (i) for the purpose of giving instruction in driving the vehicle, at all times occupies a seat beside the permit holder or, in the case of a passenger vehicle, directly behind the driver in a location that allows for direct observation and supervision of the permit holder; and (ii) is not disqualified or subject to an out-of-service order; or (3) the person is authorized to drive the vehicle under Section 522.015. (b) A person commits an offense if the person violates Subsection (a). (c) An offense under this section is a misdemeanor punishable by a fine not to exceed $500, except that the offense is a misdemeanor punishable by a fine not to exceed $1,000 if it is shown on the trial of the offense that the defendant was convicted of an offense under this section in the year preceding the date of the offense that is the subject of the trial. (d) It is a defense to prosecution under Subsection (a)(1)(A) if the person charged produces in court a commercial driver's license that: (1) was issued to the person; (2) is appropriate for the class of vehicle being driven; and (3) was valid when the offense was committed. (e) It is a defense to prosecution for a violation of Subsection (a)(2)(A) if the person charged produces in court a commercial learner's permit or driver's license, as appropriate, that: (1) was issued to the person; and (2) was valid when the offense was committed. (f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (e).

Answer 129

(a) The department may issue a Class A, Class B, or Class C commercial driver's license or commercial learner's permit. (b) Class A covers a combination of vehicles with a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle or vehicles exceeds 10,000 pounds. (c) Class B covers: (1) a single vehicle with a gross vehicle weight rating of 26,001 pounds or more; (2) a single vehicle with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of 10,000 pounds or less; and (3) a vehicle designed to transport 24 passengers or more, including the driver. (d) Class C covers a single vehicle or combination of vehicles not described by Subsection (b) or (c) that is: (1) designed to transport 16-23 passengers, including the driver; or (2) used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F. (e) The holder of a commercial driver's license or commercial learner's permit may drive any vehicle in the class for which the license or permit is issued and lesser classes of vehicles except a motorcycle. The holder may drive a motorcycle only if authorization to drive a motorcycle is shown on the commercial driver's license and the requirements for issuance of a motorcycle license have been met.

Answer 130

(a) Notwithstanding any other law of this state, a person may not drive a commercial motor vehicle in this state while having a measurable or detectable amount of alcohol in the person's system. (b) A person who violates Subsection (a) or who refuses to submit to an alcohol test under Section 522.102 shall be placed out of service for 24 hours. (c) A peace officer may issue an out-of-service order based on probable cause that the person has violated this section. The order must be on a form approved by the department. The peace officer shall submit the order to the department.

Answer 131

(a) The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the person is: (1) otherwise directed by a traffic officer, police officer, or escort flagger; or (2) operating an authorized emergency vehicle and is subject to exceptions under this subtitle. (b) A provision of this subtitle requiring an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this subtitle that does not require an official traffic-control device is effective regardless of whether a device is in place.

Answer 132

A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove: (1) an official traffic-control device or railroad sign or signal; (2) an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal; or (3) another part of an official traffic-control device or railroad sign or signal.

Answer 133

(a) A person may not place, maintain, or display on or in view of a highway an unauthorized sign, signal, marking, or device that: (1) imitates or resembles an official traffic-control device or railroad sign or signal; (2) attempts to direct the movement of traffic; or (3) hides from view or hinders the effectiveness of an official traffic-control device or railroad sign or signal. (b) A person may not place or maintain on a highway, and a public authority may not permit on a highway, a traffic sign or signal bearing commercial advertising. (c) A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the Texas Transportation Commission. (d) This section does not prohibit a person from placing on private property adjacent to a highway a sign that gives useful directional information and that cannot be mistaken for an official sign. (e) A sign, signal, light, or marking prohibited under this section is a public nuisance. The authority with jurisdiction over the highway may remove that sign, signal, light, or marking without notice.

Answer 134

(a) A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section. (b) An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn. The operator shall, while the signal is exhibited: (1) yield the right-of-way to other vehicles lawfully in the intersection when the signal is exhibited; and (2) stop and yield the right-of-way to pedestrians lawfully in the intersection or an adjacent crosswalk. (c) An operator of a vehicle facing a green arrow signal, displayed alone or with another signal, may cautiously enter the intersection to move in the direction permitted by the arrow or other indication shown simultaneously. The operator shall stop and yield the right-of-way to a pedestrian lawfully in an adjacent crosswalk and shall yield the right-of-way to other traffic lawfully using the intersection. (d) An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. A vehicle that is not turning shall remain standing until an indication to proceed is shown. 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) An operator of a vehicle facing a 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) The Texas Transportation Commission, a municipal authority, or the commissioners court of a county may prohibit within the entity's jurisdiction a turn by an operator of a vehicle facing a steady red signal by posting notice at the intersection that the turn is prohibited. (g) This section applies to an official traffic-control signal placed and maintained at a place other than an intersection, except for a provision that by its nature cannot apply. A required stop shall be made at a sign or marking on the pavement indicating where the stop shall be made. In the absence of such a sign or marking, the stop shall be made at the signal. (h) The obligations imposed by this section apply to an operator of a streetcar in the same manner they apply to the operator of a vehicle. (i) An operator of a vehicle facing a traffic-control signal, other than a freeway entrance ramp control signal or a pedestrian hybrid beacon, that does not display an indication in any of the signal heads shall stop as provided by Section 544.010 as if the intersection had a stop sign. (j) In this section: (1) "Freeway entrance ramp control signal" means a traffic-control signal that controls the flow of traffic entering a freeway. (2) "Pedestrian hybrid beacon" means a pedestrian-controlled traffic-control signal that displays different colored lights successively only when activated by a pedestrian.

Answer 135

a) The operator of a vehicle facing a flashing red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway. The right to proceed is subject to the rules applicable after stopping at a stop sign. (b) The operator of a vehicle facing a flashing yellow signal may proceed through an intersection or past the signal only with caution. (c) This section does not apply at a railroad crossing.

Answer 136

If a lane-direction-control signal is placed over an individual lane of a highway, a vehicle may travel in a lane over which a green signal is shown but may not enter or travel in a lane over which a red signal is shown.

Answer 137

(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c). (b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c). (c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

Answer 138

If, on a highway having more than one lane with vehicles traveling in the same direction, the Texas Department of Transportation or a local authority places a sign that directs slower traffic to travel in a lane other than the farthest left lane, the sign must read "left lane for passing only."

Answer 139

(a) In this section, "changeable message sign" means a sign that conforms to the manual and specifications adopted under Section 544.001. The term includes a dynamic message sign. (b) The Texas Department of Transportation in cooperation with local governments shall actively manage a system of changeable message signs located on highways under the jurisdiction of the department to mitigate traffic congestion by providing current information to the traveling public, including information about traffic incidents, weather conditions, road construction, and alternative routes when applicable.

Answer 140

used in reference to a vehicle means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver.

Answer 141

(a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and (B) is an immediate hazard; (3) the operator is on a roadway divided into three marked lanes for traffic; or (4) the operator is on a roadway restricted to one-way traffic. (b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: (1) passing another vehicle; or (2) preparing for a left turn at an intersection or into a private road or driveway. (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or (3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway.

Answer 142

An operator moving in the opposite direction of the movement of another operator shall: (1) move to or remain to the right; and (2) on a roadway wide enough for not more than one line of vehicle movement in each direction, give the other operator: (A) at least one-half of the main traveled portion of the roadway; or (B) if complying with Paragraph (A) is not possible, as much of the roadway as possible. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED. (a) An operator passing another vehicle: (1) shall pass to the left of the other vehicle at a safe distance; and (2) may not move back to the right side of the roadway until safely clear of the passed vehicle. (b) An operator being passed by another vehicle: (1) shall, on audible signal, move or remain to the right in favor of the passing vehicle; and (2) may not accelerate until completely passed by the passing vehicle. (c) Subsection (b) does not apply when passing to the right is permitted.