In Texas, use of a cell phone at the time of auto accident was found not to be sufficient to support conviction of criminally negligent homicide. Montgomery v. State, 2011 WL 2150230 (Tex.App.-Hous. (14 Dist.) June 02, 2011) (NO. 14-09-00887-CR).
Below is a list of cell phone bans and other highway safety laws in Texas gathered by Governors Highway Safety Association. Source. www.ghsa.org . This table is not inclusive of all Texas highway safety laws. For more information, contact the Texas Traffic Safety Section.
August 2011
| Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
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| School Bus Drivers | Novice Drivers | All Drivers | School Bus Drivers | Novice Drivers | |||||
| Yes, w/ passenger <17 (Primary) |
Intermediate License, 1st 12 mos. (Primary) |
Yes, w/ passenger <17 (Primary) |
Intermediate License, 1st 12 mos. (Primary) |
Yes | |||||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Child Restraint Required unless indicated, # refers to Yrs.(Lbs.) |
Adult Safety Belt Permissible unless indicated, # refers to Yrs.(Lbs.) |
Maximum Fine 1st Offense |
| <7 (and <57″) | Not permissible | $25 |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver’s Body) | DEC/DRE Programs (Providing Law Enforcement Training) |
| Yes | |
Source: State Highway Safety Office.
| Inc. Penalty for High BAC | Admin. License Susp. on 1st Offense | Limited Driving Privileges During Susp. | Ignition Interlocks | Vehicle and License Plate Sanctions | Alcohol Exclusion Laws Limiting Treatment | |||
| *Meeting Federal Requirements | ||||||||
| .15 | 90 days if .08 or greater; 180 days for refusal | Yes | Mandatory for repeat convictions | Vehicle confiscation | Yes | Yes | Yes | |
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Office.
| No state law |
Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Office.
| Learner Stage | Intermediate Stage | Full Privilege Min. Age (Years/ Months) |
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| Min. Age (Years/ Months) |
Min. Duration (Months) |
Required Supervised Driving Hours (Night Hours) |
Min. Age (Years/ Months) |
Nighttime Driving Restriction | Passenger Restriction (except family, unless noted) |
||
| 15 | 6 | 20 (10) | 16 | Midnight – 5 a.m. (secondary enforcement) |
No more than 1 <21 (secondary enforcement) |
17 | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Motorcyclists | Bicyclists | ||
| Universal Helmet Law (Year Enacted) | Partial Law | Universal Helmet Law Repealed | |
| <21; those who have not completed safety course or have no medical insurance (secondarily enforced) | 1997 | ||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Length of Regular Renewal Cycle (Yrs.) | Provisions for Mature Drivers |
| 6 | >85: renewal every 2 yrs. >79: no electronic or mail renewal |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Type of Law | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Primary | >15 | All | $50 (driver or passenger) |
| <7 (and >57′) – <17 | $200 (driver) | ||
Sources: Insurance Institute for Highway and State Highway Safety Office.
| State Law |
| Permitted |
Sources: Segway LLC and State Highway Safety Office.
| Checkpoints Conducted? | Frequency | Legality |
| No | Illegal under Texas’ interpretation of federal Constitution | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Rural Interstates | Urban Interstates | Other Limited Access Roads | |||
| Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
| 75; 80 or 85 on specified segments | 75; 80 or 85 on specified segments | 75 | 75 | 75 | 75 |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Violation / State Law | Permitted Locations/Criteria | Citation Issued To / Liability | Image Taken | Penalties (Traditional Penalties) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Speed: Prohibited | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Red light: Limited | Local ordinance required | Registered owner/ Owner |
2 or more photos or digital images of tag | $75 max.; not criminal or record offense ($200 max.) |
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Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.
| Violations Affected | Enhanced Penalties | Workers Must Be Present | Signs Must Be Present |
| All moving vehicle violations | Double original fine | Yes | Yes |
Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Office.
Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.
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