Sec. 547.404. PARKING BRAKES REQUIRED  


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  • (a) A vehicle required to have brakes by this subchapter, other than a motorcycle or motor-driven cycle, shall be equipped with parking brakes adequate to hold the vehicle:

    (1) on any grade on which the vehicle is operated;

    (2) under all loading conditions; and

    (3) on a surface free from snow, ice, or loose material.

    (b) The parking brakes shall be:

    (1) designed to operate continuously as required once applied, despite a leakage or an exhaustion of power source; and

    (2) activated by the vehicle operator's muscular effort, by spring action, or by equivalent means.

    (c) The parking brakes may be assisted by the service brakes or by another power source, unless a failure in the power source would prevent the parking brakes from operating as required by this section.

    (d) The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with wheel brake assemblies may be used for the parking brakes and service brakes.

    (e) If the means of applying the parking brakes and service brakes are connected, the brake system shall be constructed so that the failure of one part will not cause the vehicle to be without operative brakes.

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