TRAFFIC SAFETY FOCUS
September 2008:

Speeding Violationss
(Traffic Code 545.351):

SUBCHAPTER H. SPEED RESTRICTIONS

§ 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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 30.109, eff. Sept. 1, 1997.

§ 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.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,  § 2 and Acts 1999, 76th Leg., ch. 739, § 1

(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.

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