Law Offices of Martin J. Rubin
Address: 3611 Fairmount St. Dallas TX 75219 Tel: 214.599.9100
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Texas Transportation Code
SUBCHAPTER H. SPEED RESTRICTIONS
Sec. 545.351. MAXIMUM
SPEED REQUIREMENT.
(a) An operator may not drive at a speed greater than is reasonable
and prudent under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent
under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another
person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate
reduced speed if:
(1) the operator is approaching and crossing
an intersection or railroad grade crossing;
(2) the operator
is approaching and going around a curve;
(3) the operator
is approaching a hill crest;
(4) the operator is traveling
on a narrow or winding roadway; and
(5) a special
hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.
Sec. 545.352. PRIMA FACIE SPEED LIMITS.
(a) A speed in excess
of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the
speed is not reasonable and prudent and that the speed is unlawful.
(b) Unless a special
hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful:
(1) 30 miles per hour in an urban district on a street other than
an alley and 15 miles per hour in an alley;
(2) 70 miles
per hour in daytime and 65 miles per hour in nighttime if the vehicle is a passenger car, motorcycle, passenger car or light
truck towing a trailer bearing a vessel, as defined by Section 31.003, Parks and Wildlife Code, that is less than 26 feet
in length, passenger car or light truck towing a trailer or semitrailer used primarily to transport a motorcycle, or passenger
car or light truck towing a trailer or semitrailer designed and used primarily to transport dogs or livestock, on a highway
numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road;
(3) 60 miles per hour in daytime and 55 miles per hour in nighttime
if the vehicle is a passenger car or motorcycle on a highway that is outside an urban district and not a highway numbered
by this state or the United States;
(4) 60 miles per hour
outside an urban district if a speed limit for the vehicle is not otherwise specified by this section; or
(5) outside an urban district:
(A) 60
miles per hour if the vehicle is a school bus that has passed a commercial motor vehicle inspection under Section 548.201
and is on a highway numbered by the United States or this state, including a farm-to-market road;
(B) 50 miles per hour if the vehicle is a school bus that:
(i)
has not passed a commercial motor vehicle inspection under Section 548.201; or
(ii) is
traveling on a highway not numbered by the United States or this state; or
(C) 60
miles per hour in daytime and 55 miles per hour in nighttime if the vehicle is a truck, other than a light truck, or if the
vehicle is a truck tractor, trailer, or semitrailer, or a vehicle towing a trailer other than a trailer described by Subdivision
(2), semitrailer, another motor vehicle or towable recreational vehicle.
(b) Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b),
the following speeds are lawful:
(1) 30 miles per hour
in an urban district on a street other than an alley and 15 miles per hour in an alley;
(2) 70 miles per hour in daytime and 65 miles per hour in nighttime if the vehicle
is on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market
road, except as provided by Subdivision (4);
(3) 60
miles per hour in daytime and 55 miles per hour in nighttime if the vehicle is on a highway that is outside an urban district
and not a highway numbered by this state or the United States;
(4) outside an urban district:
(A) 60 miles per hour if the
vehicle is a school bus that has passed a commercial motor vehicle inspection under Section 548.201 and is on a highway numbered
by the United States or this state, including a farm-to-market road;
(B) 50 miles
per hour if the vehicle is a school bus that:
(i) has not
passed a commercial motor vehicle inspection under Section 548.201; or
(ii) is traveling on a highway not numbered by the United States or this state; or
(C) 60 miles per hour in daytime and 55 miles per hour in nighttime if:
(i)
the vehicle is a truck, other than a light truck, or if the vehicle is a truck tractor, trailer, or semitrailer; and
(ii) the vehicle is on a farm-to-market or ranch-to-market road;
(5) on a beach, 15 miles per hour; or
(6) on a county road adjacent to a public beach, 15 miles
per hour, if declared by the commissioners court of the county.
(c) The
speed limits for a bus or other vehicle engaged in the business of transporting passengers for compensation or hire, for a
commercial vehicle used as a highway post office vehicle for highway post office service in the transportation of United States
mail, for a light truck, and for a school activity bus are the same as required for a passenger car at the same time and location.
(d) In this section:
(1) "Interstate
highway" means a segment of the national system of interstate and defense highways that is:
(A) located in this state;
(B) officially
designated by the Texas Transportation Commission; and
(C) approved
under Title 23, United States Code.
(2) "Light truck" means a truck with
a manufacturer's rated carrying capacity of not more than 2,000 pounds, including a pick-up truck, panel delivery truck, and
carry-all truck.
(3) "Urban district" means the territory adjacent to and
including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses
and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway.