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This booklet supplements the information in the 2008 edition of the Texas Drivers Handbook with new and amended laws from the 2009 and 2011 legislative sessions.

Driving on the Right Side of the Road Supplement to the

Texas Drivers Handbook (2008 edition)

The information was written by the Texas Municipal Courts Education Center (TMCEC) attorneys for use with the Driving on the Right Side of the Road curriculum and for municipal courts in Texas. It is not intended to be legal advice and TMCEC does not warrant the accuracy of the actual Texas Drivers Handbook. If you receive a citation for a traffic offense, please consult an attorney. This supplement is meant to be read in conjunction with the Texas Drivers Handbook. When reading the Texas Drivers Handbook, be sure to check this supplement to see if any of the laws have changed or any new laws have been added. The Texas Drivers Handbook is currently being revised by DPS.

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The following information should replace or supplement information in the Texas Drivers Handbook

How to Read this Supplement: When reading the Texas Drivers Handbook, periodically check this supplement to see if there are any updates or changes in the law. These updates and changes are organized by chapter and then by subsection title, followed by the page number within that chapter that is being updated.

Note: This supplement only updates the law, not statistics or messages from DPS.

Chapter 1: Your License to Drive

Who May Operate a Motor Vehicle in Texas (page 1-2). New residents who are properly licensed have 90 days (not 30) after entry into the state to secure a Texas driver license.

Instruction Permit (page 1-2). Instruction permits expire on the applicant’s 18th

birthday (not a year from the next birthday) and cost $15.00 (not $5).

Graduated Driver License (page 1-3). Phase two of the graduated driver license program restricts the driving privileges of persons less than 18 years of age during the 12-month period (not six) following the issuance of a provisional license. Additionally, persons under 18 years of age are restricted from using a wireless communication device while driving, including a hands-free device, until they reach age 18, except in case of emergency. Finally, provisional licenses expire on the applicant’s 18

th birthday (not next birthday) and cost

$15.00 (not $5).

Provisional License (page 1-3). Provisional licenses expire on the applicant’s 18

th birthday (not on the next birthday) and cost $15.00 (not $5). There is no

renewal; therefore, there is no longer a $5 renewal fee.

Classified Driver License (page 1-5). A Class C driver license permits a person to drive the following vehicles:

A vehicle or combination of vehicles that are not vehicles described under a Class A or B license and

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.

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Examination (page 1-12). As part of the “Less Tears More Years Act,” all persons less than 25 years of age are required to take a driver education course to apply for a driver license. Upon successful completion of the course, the person is not required to take the Knowledge Test. No one under the age of 18 is exempt from the Driving Skills Test (compared to the old law where the driving test was not required for a minor who completed a driver education program).

Driving Without a License Penalties (page 1-15). If you are driving without your license, operating the vehicle without insurance (often called FMFR) at the time of the offense, and you cause a crash that results in serious bodily injury or death of another, then the penalty is raised to a Class A misdemeanor, punishable by a fine of up to $4,000 and/or confinement in jail for not more than 365 days.

Driving While License Invalid (page 1-24). The offense of driving a motor vehicle while your driver license or privilege is suspended, canceled, denied, or revoked (often called DWLI) is a Class C misdemeanor, punishable by a fine of up to $500. However, the offense is a Class B misdemeanor, punishable by a fine of up to $2,000 and/or confinement in jail for not more than 180 days, if the person has a previous conviction for the same offense, the person was operating the vehicle without insurance (FMFR) at the time of the offense, or the person’s license had been suspended because of an offense involving the operation of a motor vehicle while intoxicated. The offense is a Class A misdemeanor, punishable by a fine of up to $4,000 and/or confinement in jail for not more than 365 days, if the person was operating the vehicle without insurance (FMFR) at the time offense and caused a crash that resulted in serious bodily injury or death of another. The suspension will still automatically be extended.

Sanctions for Non-Driving Alcohol-Related Offenses by Minors (page 1-25). For a third non-driving alcohol-related offense by a minor (17 years of age or older but less than 21), there is no community service but the minor may be required to attend an alcohol awareness course. For a third non-driving alcohol-related offense by a child (under 17 years of age), the offense is still

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handled as a Class C misdemeanor with the same penalties as a second offense or can be transferred to Juvenile Court as delinquent conduct.

DRP Amnesty and Incentive Programs (page 1-27). DPS must also create an indigency program to waive surcharges for those license holders who are considered too poor to pay them. A person who receives a surcharge can apply to the court where the conviction giving rise to the surcharge was entered to get a determination that he or she is indigent.

Chapter 2: Vehicle Inspection and Registration

Vehicle Inspection (page 2-1). There are special rules for the registration and inspection of street rods and custom vehicles.

Required Equipment (page 2-3). Vehicles must display two valid license plates in conformity with the Texas Department of Motor Vehicles rules. There are a few exceptions for dealer vehicles and commercial vehicles. However, due to an omission in the law, it is questionable whether not having two plates is a criminal offense.

Equipment Which You Must Not Have (page 2-4). In addition to the other listed equipment, it is not allowed to have a radar interference device that is designed, manufactured, used, or intended to be used to interfere with, scramble, disrupt, or cause to malfunction a radar or laser device used to measure a vehicle’s speed.

Vehicle Registration (page 2-5). An owner must also register a newly purchased vehicle within 30 days of purchase.

A registration sticker will be issued that must be displayed on the vehicle’s windshield or on the rear license plate on a motorcycle or moped.

Chapter 3: Safety Responsibility (The Liability Insurance Law)

The current minimum amount of liability insurance is:

$30,000 against injury or death of one person

$60,000 against injury or death of two persons

$25,000 against property damage.

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Chapter 4: Right-of-Way

If a driver commits any traffic offense of which failure to yield the right-of-way to another vehicle is an element, and the driver causes bodily injury to another, the offense is punishable by a fine of not less than $500, not more than $2,000. If the driver causes serious bodily injury to another, the fine is not less than $1,000, not more than $4,000.

Give the Right-of-Way to Emergency Vehicles (page 4-6). Texas law requires a driver nearing a stopped emergency vehicle with activated lights to vacate the nearest lane or slow down. This same requirement also applies to drivers nearing a stationary tow truck using its activated lights.

Chapter 7: Stopping, Standing, or Parking

Do Not Park or Stand a Vehicle (page 7-2). In addition to where the book lists, a person cannot park or stand a vehicle any place where an official sign prohibits standing.

Do Not Park a Vehicle (page 7-2). In addition to where the book states, a person cannot park a vehicle where an official sign prohibits parking.

Disabled Parking (page 7-2). Illegally parking in a space reserved for persons with disabilities is a misdemeanor punishable by a fine of not less than $500, not more than $750 on a first offense. The fine range increases for subsequent offenses, reaching a fine of $1,250 for a fifth or subsequent conviction. Subsequent offenses also carry community service as a punishment.

The law also states that you may not make, sell, possess, or display a counterfeit or altered genuine disabled parking windshield identification card (placard).

Chapter 5: Signals, Signs, and Markers

Regulatory and Warning Signs (page 5-12). Texas law prohibits a driver from using a cell phone, except for a hands-free device, in a school crossing zone during the times that the reduced speed applies. Cities are required to post warning signs at the entrances to the school crossing zone. The signs must

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contain a warning that cell phone use is prohibited and that the operator is subject to a fine if using the device in the school crossing zone. The sign looks like this:

Drivers should be aware that many cities and counties have entered into contracts and passed ordinances allowing for cameras to be installed at intersection to catch drivers who run red lights. A sign is posted just before the intersection and looks like this:

Chapter 8: Speed and Speed Limits

Speed Limits (page 8-2). Entities that establish or alter a speed limit must establish the same speed limit for daytime and nighttime.

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The following chart should replace the one on page 8-3: Speed

(MPH)

URBAN DISTRICT 30

ALLEY 15

BEACHES and COUNTY ROADS adjacent to a public beach (if declared by the commissioners court of the county)

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HIGHWAY NUMBERED BY THIS STATE OR THE UNITED STATES OUTSIDE AN URBAN DISTRICT, including FARM TO MARKET AND RANCH TO MARKET ROADS Passenger cars, motorcycles, light truck, passenger car or light truck towing a trailer or semi-trailer, truck or truck-tractor, truck or truck-tractor towing a trailer or semi-trailer, buses, school activity bus School buses that have passed a commercial vehicle inspection

70 60

HIGHWAY NOT NUMBERED BY THIS STATE OR THE UNITED STATES AND OUTSIDE AN URBAN DISTRICT Passenger cars, motorcycles, light truck, passenger car or light truck towing a trailer or semi-trailer, truck or truck-tractor, truck or truck-tractor towing a trailer or semi-trailer, buses, school activity bus School buses that have not passed a commercial vehicle inspection or school buses that are traveling on a highway not numbered by the United States or this state

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Note that all references to nighttime speed limits have been removed and no longer apply.

Replace the last three paragraphs on page 8-4 with the following:

After meeting certain requirements, the Texas Transportation Commission has been given the authority to raise the speed limit to 75 miles per hour on parts of the state highway system if the Commission determines that speed is a reasonable and safe speed for that part of the highway system.

The Texas Transportation Commission also may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County if the Commission determines that 80 miles per hour is a reasonable and safe speed for that part of the highway system.

After meeting certain requirements, the Texas Transportation Commission has been given the authority to raise the speed limit to not more than 85 miles per hour on a part of the state highway system if that part of the

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highway is designed to accommodate travel at that speed and the Commission determines that speed is a reasonable and safe speed for that part of the highway system.

Chapter 9: Some Special Driving Situations

Some Extra Freeway Tips (page 9-4). Not only should you avoid using a cell phone while driving, but if you are under 18 years of age, it is illegal to use a cell phone while driving, even if it is a hands-free device, except in case of emergency.

Chapter 10: How Alcohol and Drugs Affect a Person’s Ability to Drive

Driving While Intoxicated (DWI) (page 10-2). In Texas, a person is considered legally intoxicated if they have a blood, breath, or urine alcohol concentration of 0.08 or higher.

Aggravated DWI (an enhancement) – If the defendant’s blood, breath, or urine analysis shows an alcohol concentration of 0.15 or higher, a first DWI offense is a Class A misdemeanor.

Driving Under the Influence of Alcohol by a Minor (DUI) (page 10-3). DUI Minor now includes operating watercraft in addition to operating a motor vehicle.

Remove the “Any Offense DUI by a Minor (10 years of age or older but less than 17)” entry.

The first offense of DUI by a minor is punishable by a fine of up to $500, not less than 20 nor more than 40 hours of community service, and attendance at an alcohol awareness class, plus a license suspension. A second offense of DUI by a minor is punishable by a fine of up to $500, not less than 40 nor more than 60 hours of community service, license suspension, and an alcohol awareness class may be required. A third (or subsequent offense) of DUI by a minor at least 17 years of age but less than 21 is punishable as a Class B misdemeanor, with a fine of not less than $500 or more than $2,000 and/or confinement in jail for not more than 180 days, not less than 40 or more than 60 hours of community service, an alcohol awareness class may be required, and a license

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suspension. A third or subsequent DUI offense by a child (under 17 years of age) is handled as a Class C misdemeanor with the same penalties as a second offense or can be transferred to Juvenile Court as delinquent conduct. The court may not give deferred disposition on the third offense of DUI by a minor.

Other Sanctions for Non-Driving Alcohol-Related Offenses by Minors (page 10-5). For a third non-driving alcohol-related offense by a minor (17 years of age or older but less than 21), there is no community service but the minor may be required to attend an alcohol awareness course, in addition to the Class B misdemeanor penalty, license suspension, and ineligibility for deferred disposition. For a third non-driving alcohol-related offense by a child (under 17 years of age), the offense is still handled as a Class C misdemeanor with the same penalties as a second offense or can be transferred to Juvenile Court as delinquent conduct.

Driving While Intoxicated Penalties (page 10-7). The chart does not contain any enhanced penalties if the alcohol concentration is 0.15 or higher.

Chapter 11: Motor Vehicle Crashes

What to Do if You Are Involved in a Motor Vehicle Crash (page 11-2). The requirements related to being involved in a crash resulting only in damage to a fixture or landscaping legally on or adjacent to a highway also apply to being involved in a crash resulting only in damage to a structure adjacent to a highway.

Chapter 14: Additional Safety Tips

Defensive Driving (page 14-1). The opposite of defensive driving is distracted driving, which deserves a whole section in any driver handbook. Distracted driving is major contributor to traffic crashes and is being addressed at the federal, state, and local level. There are many types of driver distraction, including eating, playing with the radio, putting on make-up, talking to and looking at other passengers, reading the newspaper, and fidgeting with a GPS or other electronic device. The most common and addressed form of distracted driving, however, is using a wireless communication device (a cell phone) while driving.

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At any given moment, during daylight hours, over 800,000 vehicles are being driven by someone using a hand-held cell phone. Using a cell phone while driving delays your reaction time as much as having a blood alcohol concentration of 0.08, the legal limit for intoxication. Put another way, talking on a cell phone, even if it is a hands-free device, saps the brain of almost 40 percent of the energy it would normally devote to safe driving. Drivers who use a hand-held device are four times more likely to get into an injury crash than other drivers, and drivers who text on a cell phone while driving are 23 times more likely to cause a crash than other drivers.

Statistics show that a higher percentage of crashes caused by a distracted driver involve drivers under the age of 20. Texas law prohibits a driver under the age of 18 from using a wireless communication device while operating a vehicle. These young drivers may not use a hands-free device either.

Texas law also prohibits all drivers from using a cell phone while driving in a school crossing zone, during the hours that the reduced speed limit is in effect. This applies to all drivers, regardless of age, but those drivers at least 18 years of age may use a hands-free device.

Drivers must be aware that many cities across Texas have passed ordinances prohibiting texting while driving in the city limits.

Safety Belts (page 14-1). The driver and ALL adult passengers (at least 17 years of age) in a passenger vehicle are required to use safety belts if occupying a seat in a vehicle that is equipped with a safety belt. The law used to only require adult passengers seated in the front seat be buckled, but that was changed in 2009.

The law requires that children under 8 years of age, unless taller than 4’9” in height, must be secured in an appropriate child passenger safety seat system if occupying a seat in a vehicle that is equipped with a safety belt. Children who are at least 8 and under 17 years of age, or who are under 8 but taller than 4’9” in height, must be secured in a safety belt if occupying a seat in a vehicle that is so equipped. The law used to only require children be in a safety seat until they were 5 years of age, but that was also changed in 2009.

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A driver can receive a citation for not wearing his/her own safety belt and for not having each child under 17 years of age in a safety seat or safety belt, whichever is appropriate. Anyone at least 15 years of age can receive a citation for not being buckled up. There are no exemptions to the safety belt laws, although there are some defenses to prosecution for medical reasons with a physician note, postal workers, newspaper delivery persons, utility company workers, solid waste truck workers, or certain commercial farm vehicle operators.

Vehicles with Open Beds (page 14-2). It is also an offense for a person to operate a motor vehicle that is towing a boat or personal watercraft in or on which a child younger than 18 years of age is riding. (It is a defense to prosecution that the person was operating the motor vehicle (1) in a parade; (2) in an emergency; or (3) on a beach.)

It is also an offense for a motorcyclist to carry a child less than 5 years of age on the motorcycle, unless the child is riding in a sidecar.

Neighborhood Electronic Vehicles and Motor Assisted Scooters (page 14-4). These are called neighborhood electric vehicles, not electronic vehicles. A neighborhood electric vehicle is defined as an vehicle subject to Federal Motor Safety Standard 500 with a top speed of 35 mph (not 20-25).

Neighborhood electric vehicles and motor assisted scooters may be operated on a street or highway for which the posted speed limit is 45 mph (not 35), but may still only be operated at the top speed of 35 mph.

Electronic personal assistive mobility devices may also be operated on a sidewalk.

Chapter 15: Special Requirements for Commercial Motor Vehicle

Note: This supplement does not contain any updates to the first part of Chapter 15, which is pertinent only to drivers of commercial vehicles. Commercial vehicle drivers should consult separate publications for the laws on these vehicles.

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For purposes of the Driving on the Right Side of the Road curriculum and Texas drivers sharing the road with commercial vehicles, begin reading at Truck Drivers Sharing the Road with Automobiles on page 15-33.

Registration of Vehicles (page 15-36). Vehicles must be registered in the county of residence within 30 days of moving to Texas or purchasing a new vehicle. Vehicles are registered with the Texas Department of Motor Vehicles, not the Motor Vehicle Division of the Texas Department of Transportation.

The following vehicles may not be registered for operation on public highways by the state:

Power sweepers

Golf carts

Motorized mobility devices

Electric personal assistive mobility devices

Electric bicycles

Buyers temporary tags are no longer made of cardboard and are now recognized for 60 days (not 20).

Appendix C: Full-Time Driver License Offices (page C-1). Contact DPS for an updated list of Full-Time Driver License Offices.

Note: Keep in mind that this supplement does not aim to edit the work in the Texas Drivers Handbook. Rather, it aims to supplement the information or provide updated information on the topics of traffic safety and those issues addressed in the Driving on the Right Side of the Road curriculum.