Subchapter D. Right of Way

SUBCHAPTER D. RIGHT-OF-WAY


§ 545.151.  VEHICLE APPROACHING OR ENTERING
INTERSECTION. 
 
(a)  An operator approaching an intersection:
(1)  shall stop, yield, and grant immediate use of the
intersection:       
(A)  in obedience to an official traffic-control
device, including a stop sign or yield right-of-way sign;  or
(B)  if a traffic-control signal is present but
does not display an indication in any of the signal heads;  and
(2)  after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
(b)  An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes:
(1)  shall stop, yield, and grant immediate use of the
intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such
proximity as to be a hazard;  and
(2)  after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
(c)  An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway:
(1)  shall stop, yield, and grant immediate use of the
intersection to a vehicle on the paved street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard;  and
(2)  after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using the paved street or roadway.
(d)  Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device:
(1)  shall stop, yield, and grant immediate use of the
intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard;  and
(2)  after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
(e)  An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) or (c):
(1)  shall stop, yield, and grant immediate use of the
intersection to another vehicle that has entered the intersection from the other street or roadway or is approaching the intersection on the other street or roadway in a proximity that is a hazard;  and
(2)  after stopping, may proceed when the intersection can be safely entered without interference or collision with the traffic using the other street or roadway.
(f)  An operator who is required by this section to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not
to have yielded the right-of-way.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1325, § 19.05, eff. Sept. 1, 2003.


§ 545.152.  VEHICLE TURNING LEFT. 
 
To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an
immediate hazard.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   


§ 545.153.  VEHICLE ENTERING STOP OR YIELD
INTERSECTION. 
 
(a)  Preferential right-of-way at an intersection
may be indicated by a stop sign or yield sign as authorized in Section 544.003.
(b)  Unless directed to proceed by a police officer or
official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.
(c)  An operator approaching an intersection on a roadway controlled by a yield sign shall:
(1)  slow to a speed that is reasonable under the
existing conditions;  and
(2)  yield the right-of-way to a vehicle in the
intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the
intersection.
(d)  If an operator is required by Subsection (c) to yield and is involved in a collision with a vehicle in an intersection after the operator drove past a yield sign without stopping, the collision is prima facie evidence that the operator failed to yield the right-of-way.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   


§ 545.154.  VEHICLE ENTERING OR LEAVING LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAY. 
 
An operator on an access or feeder road
of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   


§ 545.155.  VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. 
 
An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   


§ 545.156.  VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. 
 
(a)  On the immediate approach of an authorized
emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer, shall:
(1)  yield the right-of-way;                                                 
(2)  immediately drive to a position parallel to and as
close as possible to the right-hand edge or curb of the roadway clear of any intersection;  and
(3)  stop and remain standing until the authorized
emergency vehicle has passed.
(b)  This section does not exempt the operator of an
authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   


§ 545.157.  PASSING AUTHORIZED EMERGENCY
VEHICLE. 
 
(a)  On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:
(1)  vacate the lane closest to the emergency vehicle
when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle;  or
(2)  slow to a speed not to exceed:                                          
(A)  20 miles per hour less than the posted speed
limit when the posted speed limit is 25 miles per hour or more;  or
(B)  five miles per hour when the posted speed
limit is less than 25 miles per hour.
(b)  A violation of this section is:                                          
(1)  a misdemeanor punishable under Section 542.401;                         
(2)  a misdemeanor punishable by a fine of $500 if the violation results in property damage;  or
(3)  a Class B misdemeanor if the violation results in
bodily injury.      
(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

Added by Acts 2003, 78th Leg., ch. 327, § 2, eff. Sept. 1, 2003.