Texas

November 2009


Aggressive Driving Laws
None
Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
Cell Phone Driving Laws

Hand-
held Ban

Enforce-
ment

All Cell Phone Ban

Text Messaging Ban

Crash
Data
Col-
lected

Pre-
emption
Law

School Bus Drivers

Novice Drivers

Enforce-
ment

All Drivers

School Bus Drivers

Novice Drivers

Enforce-
ment

    Yes, w/ passenger <17 Intermediate Stage, 1st 12 mos. Primary   Yes, w/ passenger <17 Intermediate Stage, 1st 12 mos. Primary Yes  
Texas has banned the use of hand-held phones in school crossing zones.
Sources: American Automobile Association (AAA), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Child Passenger Safety Laws

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)

Adult seat belt Permissible
unless indicated, # refers to Yrs.(Lbs.)

Maximum Fine
First Offense

<4 (and <36") in child safety seat; 4 - 8 (and <57") in booster seat

Not permissible

$200
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Drug Impaired Driving Laws

Per Se Laws for Drugs
(Forbidding Prohibited Substances in
Driver's Body)

DEC/DRE Programs
(Providing Law Enforcement Training)

 

 Yes

Source: State Highway Safety Offices.

Drunk Driving Laws

Admin. License
Suspension on
First Offense

Limited Driving Privileges During Suspension

Increased Penalties for High Blood Alc. Concen-
tration (BAC)

Open Container Laws

Repeat Offender Laws

Vehicle and License
Plate
Sanctions

Ignition Inter-
locks

Alcohol Exclusion Laws Limiting Treatment Opportunity

90 days if .08 or greater; 180 days for refusal

Yes

.15

Yes

Yes

Vehicle confiscation

Mandatory for  repeat conviction

Yes
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.
Graduated Driver Licensing (GDL) Laws

Learner Stage

Intermediate Stage

Full Privilege
Min. Age
(Yrs./Mos.)

Required
Supervised
Driving (Hrs.)
(Nighttime hours in parenthesis)

Min. Age
(Yrs./Mos.)

Min.
Duration
(Mos.)

Min. Age
(Yrs./Mos.)

Nighttime Driving Restriction

Passenger
Restriction*
(* family members
exempt)

15

6

16

Midnight - 5 a.m.

No more than 1 pass. <21*

16 / 6

None
Sources: Insurance Institute for Highway Safety (IIHS), American Automobile Association (AAA) and State Highway .

Helmet Laws

Motorcyclists

Bicyclists

All Helmet Law

Partial Law

All Helmet Law Repealed

 

<21

1997

 
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Mature Driver Laws

Length of Regular Renewal Cycle (Yrs.)

Provisions for Mature Drivers

6

Renewal every 2 years for >85; no renewal by mail for >79
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Seat Belt Laws

Type of Law

Who is Covered
(Yrs.)

In What Seat

Maximum Fine
First Offense
Primary

<4 and >36"

All

$200
5-16
>17

Front

 $50
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Segway Laws

Permitted on Sidewalks/Bicycle Paths

Permitted on Roads

Helmets Required

Minimum Age

Pedestrian Laws Apply

Sidewalks and bicycle paths

Yes on streets up to 30 mph and if no sidewalks available

 

 

 
Sources: Segway LLC and State Highway Safety Offices.
Sobriety Checkpoint Laws

Checkpoints Conducted?

Comments

No

Illegal under Texas' interpretation of federal Constitution
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Speed Limit Laws

Rural Interstates

Urban Interstates

Other Limited Access Roads

Cars
(mph)

Trucks
(mph)

Cars
(mph)

Trucks
(mph)

Cars
(mph)

Trucks
(mph)

day: 75
night: 65 		day: 70
night: 65 		day: 70
night: 65 		day: 70
night: 65 		day: 75
night: 65 		day: 75
night: 65

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Speed and Red Light Cameras

State Law

Viola-
tions

Loca-
tion

Citation Issued to Whom

Liability

Image

Tradi-
tional Enforce-
ment Penalties

Records/ Points/ Penalties

Defenses

Privacy
Prohibited Speed                
Permitted; requires local ordinance Red light Various Registered owner Owner 2 or more photo or digital images of tag $200 max. $75 max.; not a criminal or record offense Not addres-
sed		 Not addres-
sed
Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Work Zone Speed Limit Laws

Multiple of Original Fine

Violations Affected

Workers Must Be Present

Double minimum and maximum applicable

All moving vehicle violations

Yes

Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Offices.