Driving on the Right Side of the Road

Driving on the Right Side of the Road

Information Sheet: Distracted Driving

The National Highway Traffic Safety Administration has estimated that driver distractions are responsible for 25% of vehicle crashes each year, which is approximately 4,000 per day. Motorists using cell phones while driving are 3-4 times more likely to have a collision than those who are not.7

Common distractions include:

·  Adjusting the radio, cassette, or CD player

·  Passengers

·  Moving objects in vehicle

·  Using/dialing a cell phone

·  Eating and drinking while driving

·  Personal grooming

·  Adjusting vehicle controls

·  Smoking while driving

·  Texting

Outside distractions include:

·  Accidents

·  Vehicles stopped by police

·  Friends in other vehicles

·  Roadside advertising

·  New construction

The use of cell phones while driving increases the chance of getting into a crash by 400%. While hands-free features may help, the driver is still involved in a conversation rather than concentrating on driving.

Driver Use of Handheld Cell Phones

Driver Visibly Manipulating Handheld Device, 2006-2007

Rules of the Road

·  In Texas, certain restrictions are placed on drivers under the age of 18 for the first six months after receiving a driver’s license.[1] During this time period, a person may not operate a motor vehicle while using a wireless communications device.[2] Additionally, the person may not operate a vehicle with more than one passenger under the age of
21 who is not a family member.[3]

·  A ban on driving while talking on a hand-held cellular phone is in place in six states (California, Connecticut, New Jersey, New York, Oregon, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.[4]

·  Nineteen states, the District of Columbia and Guam now ban text messaging for all drivers.[5]

·  Localities are allowed to ban cell phone use in some states (Texas, Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania).[6]

·  In Texas, a motor vehicle may be equipped with video equipment only if the equipment is located so that the video display is not visible from the operator’s seat unless the vehicle’s transmission is in park or the vehicle’s parking brake is applied.[7]

·  The following charts show some driving offenses that may be committed when driving while distracted:

Name of Offense / Section of Code / Punishment / Comments
Following Too Closely / 545.062(a), T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver must maintain enough distance in between his or her vehicle and the one in front so that he or she can safely stop without colliding with the vehicle or veering into another vehicle, object, or person on or near the roadway.
Failed to Keep Right on Mountain Road / 545.405(a), T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver moving through a canyon or mountain road must hold the vehicle under control and as near the right-hand edge of the highway as possible.
Drove on Wrong Side Divided Highway / 545.063, T.C. / Class C misdemeanor punishable by a fine of up to $200 / On a highway with two or more roadways separated by a space, barrier, or clearly indicated dividing section, a driver must drive on the right roadway unless directed or permitted to use another roadway by an official traffic-control device or police officer.
Failed to Use Due Care for Pedestrian / 552.008, T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver of a vehicle must exercise due care to avoid colliding with a pedestrian on a roadway, give warning by sounding the horn when necessary, and exercise proper precaution when they see a child or obviously confused or incapacitated person on a roadway.
Failed to Signal Lane Change; Failed to Signal Required Distance Before Turning / 545.104, T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver shall use a turn signal to indicate an intention to turn, change lanes, or start from a parked position. A driver intending to turn must signal continuously for not less than the last 100 feet of movement before the turn.
Failed to Yield at Stop Intersection / 545.151(a); 545.153, T.C. / Class C misdemeanor punishable by a fine of up to $200 / An operator approaching an intersection must stop, yield, and grant immediate use of the intersection in obedience of stop light or stop sign.
Speed under Minimum / 545.363, T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver may not drive so slowly as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law. If signs are erected giving notice of a minimum speed limit, a driver may not drive more slowly than the limit except when necessary for safe operation or in compliance with law.
Changed Lane when Unsafe / 545.060, T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver on a roadway divided into two or more clearly marked lanes for traffic may not move from the lane unless that movement can be made safely.
Failed to Drive in Single Lane / 545.060, T.C. / Class C misdemeanor punishable by a fine of up to $200 / A driver on a roadway divided into two or more clearly marked lanes for traffic must drive as nearly as practical entirely within a single lane.
Failed to Stop for Approaching Train—Hazardous Proximity / 545.251(a)(4) , T.C. / Class C misdemeanor punishable by a fine of up to $200 / An operator approaching a railroad grade crossing shall stop at least 15 feet (and not further than 50 feet) from the nearest rail if an approaching train is plainly visible and is in hazardous proximity to the crossing.
Reckless Driving / 545.401, T.C. / Class B Misdemeanor punishable by a fine up to $200, up to 30 days in county jail, or both / A person commits reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.
Assault with Motor Vehicle / 22.01, P.C. / Class A Misdemeanor punishable by a fine up to $4,000, confinement in jail for up to a year, or both; 3rd degree felony in some cases punishable by imprisonment 2-10 years and, in addition, fine up to $10,000 / A person commits assault if the person intentionally, knowingly, or recklessly causes bodily injury to another. Assault is also committed if a person intentionally or knowingly threatens another with imminent bodily injury.
Aggravated Assault with Motor Vehicle / 22.02, P.C. / 2nd degree felony punishable by imprisonment up to 20 years and a fine up to $10,000; 1st degree felony in some cases punishable by imprisonment up to 99 years and fine up to $10,000 / A person commits aggravated assault if they commit an assault and causes serious bodily injury or uses or exhibits a deadly weapon during the commission of the assault. A car can be considered a deadly weapon: “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.’
Criminally Negligent Homicide with a Motor Vehicle / 19.05, P.C. / State jail felony punishable by up to 2 years in jail and a $10,000 fine; may be punished as a 3rd degree felony in some cases / A person commits an offense if he causes the death of an individual by criminal negligence.

Key: P.C. – Penal Code T. C. – Transportation Code

On the Safe Side

·  Pull off the road and stop in a safe place before using the cell phone.

·  When the telephone rings, let voicemail pick up the call.

·  Ask passengers to adjust controls, such as air conditioning and volume.

·  Pull over if you need to reach something in the back seat or get something out of the bottom of your purse or backpack.

·  Be sure that all passengers are buckled up with a book or game to occupy them during a long trip.

·  Use pet carriers or portable kennels if traveling with pets.

·  Avoid arguments and minimize distracting emotional conversations. If driving alone, take advantage of normal stops to make adjustments.

·  Passengers should not distract the driver with shouting out directions, covering their eyes, wrestling with or tickling them or other passengers, egging the driver on to do something stupid, singing/dancing, or overcrowding the car.

·  If driving alone, take advantage of normal stops to make adjustments.

·  Texas highways have more than 100 rest stops where motorists can take regular safety breaks. Some now even offer free wireless internet access.

For More Information

Traffic Safety Facts: Driver Cell Phone Use in 2007 – Overall Results, NHTSA DOT HS 810 963.

http://www.t-driver.org/main.stm http://fcs.tamu.edu/safety/passenger_safety/youth_traffic_safety.php
http://www.nhtsa.dot.gov/portal/site/nhtsa/template.MAXIMIZE/menuitem.416f74e8613992381601031046108a0c/?javax.portlet.tpst=4427b997caacf504a8bdba101891ef9a_ws_MX&javax.portlet.prp_4427b997caacf504a8bdba101891ef9a_viewID=detail_view&javax.portlet.begCacheTok=token&javax.portlet.endCacheTok=token&itemID=71052f9b8559a010VgnVCM1000002c567798RCRD&viewType=standard

1-10 Driving on the Right Side of the Road Distracted Driving 1

[1] Tex. Transp. Code Ann. § 545.424.

[2] Tex. Transp. Code Ann. § 545.424(a)(3).

[3] Tex. Transp. Code Ann. § 545.424(a)(2).

[4] http://www.iihs.org/laws/cellphonelaws.aspx

[5] http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

[6] http://www.iihs.org/laws/cellphonelaws.aspx

[7] Tex. Transp. Code § 547.611(a).

7 Breakthrough Research on Real-World Driver Behavior Released, NHTSA