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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 7. VEHICLES AND TRAFFIC |
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Subtitle G. MOTORCYCLES AND OFF-HIGHWAY VEHICLES |
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Chapter 663. CERTAIN OFF-HIGHWAY VEHICLES |
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Subchapter C. OPERATION OF ALL-TERRAIN VEHICLES |
Sec. 663.037. OPERATION ON PUBLIC ROADWAY PROHIBITED
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(a) A person may not operate an all-terrain vehicle on a public street, road, or highway except as provided by this section.
(b) The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, if the operator:
(1) brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway;
(2) yields the right-of-way to oncoming traffic that is an immediate hazard; and
(3) makes the crossing:
(A) at an angle of approximately 90 degrees to the roadway;
(B) at a place where no obstruction prevents a quick and safe crossing; and
(C) with the vehicle's headlights and taillights lighted.
(c) The operator of an all-terrain vehicle may drive the vehicle across a divided highway other than an interstate or limited access highway only at an intersection of the highway with another public street, road, or highway.
(d) The operator of an all-terrain vehicle may drive the vehicle on a public street, road, or highway that is not an interstate or limited-access highway if:
(1) the transportation is in connection with:
(A) the production, cultivation, care, harvesting, preserving, drying, processing, canning, storing, handling, shipping, marketing, selling, or use of agricultural products, as defined by Section 52.002, Agriculture Code; or
(B) utility work performed by a utility;
(2) the operator attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are illuminated;
(4) the operator holds a driver's license, as defined by Section 521.001;
(5) the operation of the all-terrain vehicle occurs in the daytime; and
(6) the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.
(d-1) Provisions of this code regarding helmet and eye protection use, safety certification, and other vehicular restrictions do not apply to Subsection (d).
(e) The director of the Department of Public Safety shall adopt standards and specifications that apply to the color, size, and mounting position of the flag required under Subsections (d)(2) and (g)(2).
(f) Except as provided by Subsection (g), this section does not apply to the operation of an all-terrain vehicle that is owned by the state, a county, or a municipality by a person who is an authorized operator of the vehicle.
(g) A peace officer may operate an all-terrain vehicle on a public street, road, or highway that is not an interstate or limited-access highway only if:
(1) the transportation is in connection with the performance of the officer's official duty;
(2) the officer attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are illuminated;
(4) the officer holds a driver's license, as defined by Section 521.001; and
(5) the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.