Subchapter B. Driving on the Right Side of Roadway and Passing
SUBCHAPTER B. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING
§ 545.051. DRIVING ON RIGHT SIDE OF ROADWAY.
(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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.052. DRIVING PAST VEHICLE MOVING IN OPPOSITE DIRECTION.
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, § 1, eff. Sept. 1, 1995.
§ 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.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.054. PASSING TO THE LEFT: SAFE DISTANCE.
(a) An operator may not drive on the left side of the center of the roadway in passing another vehicle unless:
(1) driving on the left side of the center of the
roadway is authorized by this subtitle; and
(2) the left side is clearly visible and free of
approaching traffic for a distance sufficient to permit passing without interfering with the operation of the passed vehicle or a vehicle approaching from the opposite direction.
(b) An operator passing another vehicle shall return to an authorized lane of travel:
(1) before coming within 200 feet of an approaching
vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise
(2) as soon as practicable.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.055. PASSING TO THE LEFT: PASSING ZONES.
(a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person.
(b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone. This subsection does not prohibit a driver from crossing pavement striping, or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway.
(c) The Texas Transportation Commission, on a state highway under the jurisdiction of the commission, may:
(1) determine those portions of the highway where
passing or driving to the left of the roadway would be especially hazardous; and
(2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway.
(d) A local authority, on a highway under the jurisdiction of the local authority, may:
(1) determine those portions of the highway where
passing or driving to the left of the roadway would be especially hazardous; and
(2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.056. DRIVING TO LEFT OF CENTER OF ROADWAY: LIMITATIONS OTHER THAN PASSING.
(a) An operator may not drive to the left side of the roadway if the operator is:
(1) approaching within 100 feet of an intersection or
railroad grade crossing in a municipality;
(2) approaching within 100 feet of an intersection or
railroad grade crossing outside a municipality and the intersection or crossing is shown by a sign or marking in accordance with Section 545.055;
(3) approaching within 100 feet of a bridge, viaduct,
or tunnel; or
(4) awaiting access to a ferry operated by the Texas Transportation Commission.
(b) The limitations in Subsection (a) do not apply:
(1) on a one-way roadway; or
(2) to an operator turning left into or from an alley
or private road or driveway.
(c) The Texas Transportation Commission shall post signs along the approach to a ferry operated by the commission notifying operators that passing is prohibited if there is a standing line of vehicles awaiting access to the ferry.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.057. PASSING TO THE RIGHT.
(a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and:
(1) the vehicle being passed is making or about to make a left turn; and
(2) the operator is:
(A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or
(B) on a one-way street or on a roadway having
traffic restricted to one direction of movement and the roadway is free from obstructions and wide enough for two or more lines of moving vehicles.
(b) An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.058. DRIVING ON IMPROVED SHOULDER.
(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled
lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official
traffic-control device; or
(7) to avoid a collision.
(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:
(1) to slow or stop when the vehicle is disabled and
traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;
(2) as permitted or required by an official traffic-control device; or
(3) to avoid a collision.
(c) A limitation in this section on driving on an improved shoulder does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a bicycle.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.059. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.
(a) The Texas Transportation Commission may designate a highway or separate roadway under the jurisdiction of the commission for one-way traffic and shall erect appropriate signs giving notice of the designation.
(b) On a roadway that is designated and on which signs are erected for one-way traffic, an operator shall drive only in the direction indicated.
(c) An operator moving around a rotary traffic island shall drive only to the right of the island.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.060. DRIVING ON ROADWAY LANED FOR
TRAFFIC.
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within
a single lane; and
(2) may not move from the lane unless that movement can be made safely.
(b) If a roadway is divided into three lanes and provides for two-way movement of traffic, an operator on the roadway may not drive in the center lane except:
(1) if passing another vehicle and the center lane is
clear of traffic within a safe distance;
(2) in preparing to make a left turn; or
(3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving.
(c) Without regard to the center of the roadway, an official traffic-control device may be erected directing slow-moving traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction.
(d) Official traffic-control devices prohibiting the
changing of lanes on sections of roadway may be installed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.061. DRIVING ON MULTIPLE-LANE ROADWAY.
On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.062. FOLLOWING DISTANCE.
(a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
(b) An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the vehicles so that a vehicle passing the operator can safely enter and occupy the space. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle.
(c) An operator on a roadway outside a business or
residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. This subsection does not apply to a funeral procession.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.063. DRIVING ON DIVIDED HIGHWAY.
(a) On a highway having two or more roadways separated by a space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, an operator shall drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer.
(b) An operator may not drive over, across, or in a dividing space, physical barrier, or section constructed to impede vehicular traffic except:
(1) through an opening in the physical barrier or
dividing section or space; or
(2) at a crossover or intersection established by a
public authority.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.064. RESTRICTED ACCESS.
An operator may not drive on or from a limited-access or controlled-access roadway except at an entrance or exit that is established by a public authority.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.065. STATE AND LOCAL REGULATION OF LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAYS.
(a) The Texas Transportation Commission by resolution or order recorded in its minutes may prohibit the use of a limited-access or controlled-access highway under the jurisdiction of the commission by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motor-driven
cycle, or nonmotorized traffic.
(b) If the commission adopts a rule under Subsection (a), the commission shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access highway to which the rule applies.
(c) A local authority by ordinance may prohibit the use of a limited-access or controlled-access roadway under the jurisdiction of the authority by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motor-driven cycle, or nonmotorized
traffic.
(d) If a local authority adopts an ordinance under
Subsection (c), the authority shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access roadway to which the ordinance applies.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, § 7, eff. Sept. 1, 2001.
§ 545.0651. RESTRICTION ON USE OF HIGHWAY.
(a) In this section:
(1) "Commission" means the Texas Transportation
Commission.
(1-a) "Department" means the Texas Department of Transportation.
(2) "Highway" means a public highway that:
(A) is in the designated state highway system;
(B) is designated a controlled access facility; and
(C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic
that may be part of a single roadway or may be separate roadways that are constructed as an upper and lower deck.
(b) The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. If the lanes to be restricted by the commission are located within a municipality, the commission shall consult with the municipality before adopting an order under this section. A municipality by ordinance may restrict, by class of vehicle,
through traffic to two or more designated lanes of a highway in the municipality.
(c) An order or ordinance under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway.
(d) Before adopting an ordinance, a municipality shall submit to the department a description of the proposed restriction. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions.
(e) Department approval under Subsection (d) must:
(1) be based on a traffic study performed by the
department to evaluate the effect of the proposed restriction; and
(2) to the greatest extent practicable, ensure a
systems approach to preclude the designation of inconsistent lane restrictions among adjacent municipalities.
(f) The department's executive director or the executive director's designee may suspend or rescind approval of any restrictions approved under Subsection (d) for one or more of the following reasons:
(1) a change in pavement conditions;
(2) a change in traffic conditions;
(3) a geometric change in roadway configuration;
(4) construction or maintenance activity; or
(5) emergency or incident management.
(g) The department shall erect and maintain official
traffic control devices necessary to implement and enforce an order adopted or an ordinance adopted and approved under this section. A restriction approved under this section may not be enforced until the appropriate traffic control devices are in place.
Added by Acts 1997, 75th Leg., ch. 384, § 1, eff. May 28, 1997. Amended by Acts 2003, 78th Leg., ch. 1049, § 9, eff. June 20, 2003.
§ 545.0652. COUNTY RESTRICTION ON USE OF
HIGHWAY.
(a) In this section:
(1) "Department" means the Texas Department of
Transportation.
(2) "Highway" means a public roadway that:
(A) is in the designated state highway system;
(B) is designated a controlled access facility; and
(C) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of traffic.
(b) A county commissioners court by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway located in the county and outside the jurisdiction of a municipality.
(c) An order under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway.
(d) Before issuing an order under this section, the
commissioners court shall submit to the department a description of the proposed restriction. The commissioners court may not enforce the restrictions unless:
(1) the department's executive director or the
executive director's designee has approved the restrictions; and
(2) the appropriate traffic-control devices are in
place.
(e) Department approval under Subsection (d) must to the greatest extent practicable ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent counties or municipalities.
(f) The department's executive director or the executive director's designee may suspend or rescind approval under this section for one or more of the following reasons:
(1) a change in pavement conditions;
(2) a change in traffic conditions;
(3) a geometric change in roadway configuration;
(4) construction or maintenance activity; or
(5) emergency or incident management.
(g) The department shall erect and maintain official
traffic-control devices necessary to implement and enforce an order issued and approved under this section.
Added by Acts 2003, 78th Leg., ch. 846, § 1, eff. Sept. 1, 2003.
§ 545.066. PASSING A SCHOOL BUS; OFFENSE.
(a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student:
(1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and
(2) may not proceed until:
(A) the school bus resumes motion;
(B) the operator is signaled by the bus driver to
proceed; or
(C) the visual signal is no longer actuated.
(b) An operator on a highway having separate roadways is not required to stop:
(1) for a school bus that is on a different roadway;
or
(2) if on a controlled-access highway, for a school
bus that is stopped:
(A) in a loading zone that is a part of or adjacent to the highway; and
(B) where pedestrians are not permitted to cross
the roadway.
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000, except that the offense is:
(1) a Class A misdemeanor if the person causes serious bodily injury to another; or
(2) a state jail felony if the person has been
previously convicted under Subdivision (1).
(d) The court may order that the driver's license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. In this subsection, "driver's license" has the meaning assigned by Chapter 521.
(e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection.
(f) For the purposes of this section:
(1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical
barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and
(2) a highway is not considered to have separate
roadways if the highway has roadways separated only by a left turn lane.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1438, § 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1325, § 19.06(a), eff. Sept. 1, 2003.