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Category Archive: Driving Laws

New Texas Laws for 2011

comedy guys defensive driving blog, new Texas laws for 2011Every odd numbered year, the Texas Legislature enacts new laws, most of them going into effect on September 1. Below is a summary of the new laws for this year that affect Texas drivers.

MOVE OVER LAW: House Bill 378 alters the Texas Move Over Law to include tow trucks. Now if you see a stopped tow truck by the roadway with its emergency lights over, either slow to 20 mph below the limit or move over to vacate the lane immediately beside the truck. The same thing still applies to law enforcement, fire, or EMT vehicles.

SPEED LIMITS: No more different speed limits for day or night, and no separate speed limit for trucks. The maximum speed limit for highways may be raised to 75 mph, if a study deems that speed safe for a certain area. As always, just obey the posted speed limit.

TOWING BOATS: It’s now illegal to allow a passenger under 18 years of age to ride in a watercraft while it’s being towed down a roadway. If this is something you’ve been doing, you’ll have to find another way to risk your kid’s life now.

HARDSHIP DRIVING LICENSES: If a driver with a hardship driving license is convicted of 2 or more moving violations within a 12-month period, the license will be suspended. Also, the Texas DPS is no longer permitted to waive the driver education requirement for a 60-day hardship license.

SURCHARGES: Drivers who are required to pay surcharges under the Driver Responsibility Program may now pay the entire amount at once. Military personnel actively deployed outside the USA may receive a deferment for any surcharges they are required to play.

UNDER 25 DEFENSIVE DRIVING: The legislature has approved a four-hour driving safety course for drivers under 25 years old who are cited for a moving violation.

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Helmet Protestor Killed in Motorcycle Accident

comedy guys defensive driving, driving newsOver the holiday weekend, a New York motorcyclist willed in an accident while participating in the 11th annual ride protesting the New York law that requires motorcycle riders to wear helmets.

Phillip Contos, a New York truck driver and former US soldier, was taking part in the Independance Ride, an annual protest ride sponsored by the Syracuse, New York chapter of  ABATE, American Bikers Aimed Toward Education.  The group is not necessarily opposed to helmets; they protest instead laws that make their use mandatory.

The collision occurred after the 55-year-old Contos hit his brakes. His Harley-Davidson fishtailed out of control and hit a guardrail, sending Contos over the handlebars to land on his head. Medical experts have suggested that his life would have been saved had he been wearing helmet.

By the afternoon following the crash, Phillip Contos’s older brother Richard was already sick of getting calls from reporters, pointing out the irony of the death. Calling his brother “a rebel,” he told reporters that if his brother had it to do all over again, he’d probably still ride without a helmet.

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Hands-free Texting Application

More and more people are coming to realize how dangerous . . .

No, make that how deadly it is to read or send text messages while driving. Increasingly, people are coming to understand that texting involves all three kinds of distraction, and the Texas Legislature seems ready to make Texas the next state to outlaw the practice completely.

But tech companies are working to provide safer ways to satisfy the texting Jones that so many people suffer. Check out this demo video from Text ‘n Drive.

Check out their website, too, but don’t let the creepy robotic woman bother you.

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DOT Researches Possible Ban on Cell Phones While Driving

U.S. Transportation Secretary Ray LaHood has done something that’s really rare in Washington DC: He’s taken a bold position that he believes is the right thing to do, even though it’s potentially very unpopular.

Nations that Ban Cell 

Phone Use in Cars

Australia – Austria – Bahrain – Belgium – Brazil – Chile – China – Czech Republic – Denmark – Egypt – Finland – France – Germany – Greece – Hong Kong – Hungary – Ireland – Israel – Italy – Japan – Jordan – Kenya – Malaysia – Netherlands – Norway – Phillippines – Poland – Portugal – Romania – Russia – Singapore – Slovak Republic – Slovenia – South Africa – South Korea – Spain – Switzerland – Taiwan – Thailand – Turkmenistan – UK – Zimbabwe

Data from Cellular-news.com

LaHood believes that any use of cell phones while driving is a dangerous distraction to drivers, including Bluetooth and other hands-free devices. And he’s directed the DOT’s National Highway Traffic Safety Administration to research all driver distractions as a possible foundation for requesting a national ban on cell phone use while driving.

At present, only five individual states ban cell phone use, although eighteen others have partial bans in effect.

LaHood calls the use of even hands-free phone conversations a “cognitive distraction,” taking the driver’s attention and concentration away from the road.

Conversations with passengers are generally less distracting, according to
NYTimes technology reporter Matt Richtel
, because the passengers are in the car with the driver: they can see and even help monitor driving conditions. The
people on the other end of a phone conversation have no idea what’s going on
outside the car and keep on talking, regardless of conditions.

“I don’t want people talking on phones, having them up to their ear or
texting while they’re driving,”
LaHood said in an early October interview with Bloomberg.com. “We need a lot better research on other distractions,” including Bluetooth-enabled hands-free calls and the in-car systems, he said. His concerns
also include the use of such vehicle information and entertainment systems such as Ford Motor Co.’s Sync and General Motors Co.’s OnStar.

If a nation-wide ban is passed, the USA will join 42 other nations with such a ban.

For more details and opposing viewpoints, read the entire Bloomberg.com article here.

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How to Drive in a School Zone

comedy_guys_defensive_driving_and_the_lawFinding topics to write about here is easy. All I have to do is drive around and observe how other people are driving.

Like discussing how to drive in a school zone, for example, inspired by the people around me this morning who definitely did not know how to handle the school zone we passed through.

Legally, these are unique situations because school zones exist only part of the time. Like shamrock shakes, or the attractiveness of Helen Hunt.

The driving rules within a school zone are only in effect for that small area of the roadway and only within certain times of day, on weekdays during some months of the year. If you’re lucky, there’s a flashing yellow light to tell you when a school zone is active: otherwise, you’ll have to keep track of the day and time yourself to know when to change your driving behavior.

The temporary nature of school zones may account for some of the confusion over how to drive through one. If the rules were more permanent, they’d be better known. Another explanation of driver confusion may be that some laws have changed in recent years.

Whatever the cause of drivers misunderstanding the laws, reviewing how to drive in an active school zone is a good idea.

how to drive in a school zoneAnd I’d like to dedicate this to the other cars on the road with me this morning. This one’s for you, guys.

Slow Down in a School Zone
The posted speed limit in an active school zone in Texas is 20mph. Slowing traffic down this way gives drivers more time to react if a kid dashes across the street to get to the bus stop before the bus does.

And face it: kids do things like this. They don’t realize how dangerous it can be, so the drivers have to be aware of the danger for them.

Focus your Attention on the Road Ahead of You
When you drive through a school zone, your attention needs to be on the road in front of you because that’s where the danger of hitting a school kid exists. Some kid may dash across the road behind you, but if they do, you’re not likely to hurt them at all. It’s the area directly in front of your car where the danger lies.

And it’s here that you need to focus your attention. Put the cell phone down. Don’t unwrap that breakfast sandwich. Don’t push buttons while searching for a less obnoxious radio station. For the few yards of the school zone, keep your attention focused on your driving.

Starting September 2009, a new Texas law actually makes it illegal to use a hand-held cell phone in a school zone. This may address people taking their hands off of the steering wheel when driving near school children, but it doesn’t really deal with the loss of attention that the use of any cell phone, even the hands free kind poses. Do more than the law requires: don’t use any kind of wireless communication until you’re out of the school zone.

Do Not Pass Another Car in a School Zone
A group of cars that enters a school zone together should stay in the same position relative to each other until they reach the other end — this is easier with everyone going the same 20mph — and this is for the same reason mentioned above: your attention needs to be focused on the road ahead.

You need to be aware of little pedestrians with Justin Bieber backpacks coming at you from one side or the other, and you can’t do this if you move ahead of or fall behind other cars.When you do, your side view is momentarily blocked, and if you spend time with little kids, you know that a moment is all that’s needed for something tragic to happen.

Do Not Change Lanes in a School Zone
This is another result of putting your focus on the road ahead. A driver in a school zone needs to be watching ahead for school kids who might step out in front of them. A driver who’s changing lanes needs to focus on multiple lanes, other drivers, their own blind spots, etc. And all of this changing of lanes takes attention away from where it needs to be.

So wait. Change lanes after the school zone. After all, they’re never very long anyway.

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New Speeding Tickets Included Relaxation Techniques

comedy_guys_defensive_driving_wtfGetting a speeding ticket can cause all kinds of nasty stress and aggravation, but the good people who run the city government in Cambridge, Massachusetts want to counter the negative energy of getting a ticket with the beneficial karma of yoga.

The newly re-designed moving violation tickets in Cambridge now include relaxation instructions and even diagrams of calming yoga positions, so that after getting pulled over, drivers can channel any resulting feelings of anger and frustration out into the universe.

The 40,000 yoga parking tickets is part of a public art project created by artist-in-residence Daniel Peltz. The project also includes new street signs that explain traffic rules in creative ways;  a mural called “10,000 Excuses” featuring explanations offered up by ticketed drivers; and “soft-boots” that immobilize your car but without being so nasty about it.

So far, public reaction seems mixed, ranging from mild amusement to “how much of my tax money did they waste on this?”

Get the more complete story at BostonHerald.com.

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Interesting Driving Legal Cases

comedy guys blog talks about legal driving issuesPractically every day, some law is created or some legal issue is decided that affects drivers across the USA. For those of you who want to keep informed on these legal decisions, the National Motorists Association has created a summary of  19 Interesting Driving-Related Legal Rulings From This Year.

Among the 19 cases, Texas is mentioned only once: the Harris County Criminal Court case of the man who tried to beat a DUI by beating the cops to his own home.

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New Proposal Requires Safety Belts on Buses

passenger safety issues on comedy guys defensive driving blogEarlier this week (okay, it was Monday) the National Highway Traffic Safety Administration announced a new proposal to have lap and seat belts included on all new motorcoaches.

Over the years, one research study after another has shown how effective a properly worn safety belt is at avoiding passenger injury in the event of a crash, but never have bus manufacturers been required to add them to bus seats.

This new proposal is a supplement to the Motorcoach Safety Action Plan that was announced earlier this year,  a measure intended to deal with motorcoach maintenance and driver fatigue and inattention.

No word yet on whether these requirement includes public school buses, but let’s be honest: school kids would probably just use the belts as another way to torture that weird kid who eats his own paste.

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Australia: red light cameras lead to impounding of vehicles

If you thought red light cameras were annoying here in Texas, you should see how they’re being used in Australia.

hooning driver photo from www.drive.com.auIn the state of Western Australia, the so-called “hoon” law allows police to seize vehicles accused of exceeding the speed limit by 27mph or more, performing a burnout or “sustained loss of traction,” or any type of reckless driving. The law is primarily aimed at younger drivers engaged in “hooning” or street racing. Think FAST AND FURIOUS with an Aussie accent and no Vin Diesel.

For a first offense, the penalty is a mandatory 28-day impound without a judge’s approval , regardless of the owner’s culpability or the circumstances involved. A second offense will get your car impounded for three month. For a third, police keep the car permanently. Before a car is returned to the driver, he’ll have to pay significant fees and a towing charge.

For the complete story, see the full report about this use of red light cameras at The Truth About Cars.

And before this sets anyone to ranting and raving about unfair laws, just consider that laws are almost always a response to a real situation. These laws would only exist if this kind of driving was a real problem. It must be a response to some seriously dangerous drivers.

And anything that gets a dangerous driver off of the road is good for everyone else.

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Parking Fines increase in Ft.Worth

Today it becomes a bit more expensive to park illegally in Ft. Worth. The city increased fines for parking violations for the first time since August 2003.

Last summer the city conducted a study of parking fines in five other Texas cities – Austin, Dallas, Houston, Irving, and San Antonio – and found that the fines charged in Ft. Worth were less than half of the average fines these other cities were charging.

Well, that couldn’t last, now could it?

The new fines start March 1, and they range from $25 for an expired meter to $75 for parking in a front or side yard. In addition to higher fines, the city is now charging a $25 late fee for any fines not paid within 15 days of the violation.

Unfortunately, a parking violation is not the sort of thing that ComedyGuys Defensive Driving can help you with.

But if need a driving safety course – either in person or online – to remove any other kind of violation from your record, or if you want to reduce your insurance rates or just know the rules of the road better, our class is for you. We’ve been working to make Texas drivers safer for more than fifteen years now.

Source: City of Ft Worth Website

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How Many Times Can You Take A Defensive Driving Course?

Let’s say you had one of those nights.

You got stopped for speeding (No matter what the officer said, getting home in time to see AMERICAN IDOL should be considered an emergency!).

Then later you ran a stop sign (That tree was deliberately hiding that sign, by the way.).

And then finally got caught cruising the wrong way down a one-way street (Maybe that Benny Hill marathon tricked you into thinking you were British?).

Three defensive driving courses, three dismissed tickets… right?

Unfortunately, no. As much as we’d love to see you more often, Texas state law only allows you to dismiss one traffic ticket every 12 months by taking a TEA-approved defensive driving course. Like Comedy Guys!

The only exception to this is when the court that issued your second ticket gives you permission to have it dismissed as well. In that case, you can dismiss a second ticket without waiting 12 months, but it’s always the court’s decision.

On the other hand, let’s say you take the driver’s safety course in order to dismiss one of the tickets, but then decide that you enjoyed it so much that you’d like to take the course again for the insurance discount as well (perhaps to help offset the cost of the ticket in the first place). Even though we’ll send you two Certificates of Completion after you successfully pass the course — one for the court and one for your insurance company — if you feel like you need the extra practice, go for it!

You’ll have to check with your insurance provider to see if they offer discounts in exchange for defensive driving courses, how long the discounts last, and how often you can take a course to renew. Most companies offer 10 percent discounts that last around three years.

Also, remember: You can’t save credit from defensive driving for a later ticket (in case you’re planning on another one of “those” nights). You can only complete the driving safety course for dismissal purposes after a ticket.

Check out  Comedy Guys Defensive Driving class schedule to find a defensive driving course near you or sign up for our convenient online defensive driving course.

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TEXAS LAW UPDATE, 2009

Like crickets in October, every other September 1st Texans get a load of new laws from the legislature. Here’s a quick summary of some of the driving-related changes that go into effect today.

CELL PHONES – Using a hand-held cell phone in an active school zone is illegal statewide, unless your car is stopped. Local communities can only enforce this if the school zone has warning signs in place.

CHILD SAFETY SEATS – Children who are at least 8 years old OR at least 4’9” tall do not have to have to ride in booster seats. Children under age 8 and shorter than 4’9” do. The fine for a first offense maxes out at $25, but a second offense fine can be $250.

CONCEALED HANDGUNS – The DPS is no longer empowered to suspend a concealed handgun license because the license holder did not show the handgun to an officer on demand.

DRIVER’S ED – All license applicants under 18 must take a six-hour driver education course and a driving test. Previously applicants who had completed a driver’s education course could escape the test; now only drivers 18 or over can do that.

Public schools may again offer driver’s education for a fee or contract with a driver education school to teach its students. The total number of behind-the-wheel training is extended from 14 to 34: 7 hours observing and 27 hours actual driving with a licensed instructor or someone who meets transportation code requirements, including 10 hours of driving at night.

DRIVER’S LICENSES – All applicants under 18 must take the driving skills exam to get a license. Provisional licenses now expire on the holder’s 18th birthday. Provisional licenses and instructional permits no longer have to be renewed annually, but the fees for them increase from $5 to $15.

Driving with a suspended license and no insurance is now a Class B misdemeanor. Driving without insurance or a valid license and then having a collision where someone is seriously hurt or killed is a Class A misdemeanor.

The DPS is not allowed to issue a license or identification card to anyone who doesn’t have an established residence address in Texas. Its is a Class B misdemeanor to steal a driver’s license, commercial driver’s license, or personal identification card.

Anyone found using a motor vehicle to transport, conceal, or harbor an alien may have their license suspended for life, instead of the one-year suspension that has been the law.

DRUGS AND DWI – Still illegal, of course, and the penalties have increased. DWI with a child passenger now carries an automatic driver license suspension for first-time offenders and the suspension period for repeat offenders is longer. The cost of getting a license reinstated after completing an education course goes from $50 to $100. And the new laws close up the loophole that used to help those who got ticketed at 20 but turned 21 before their court date.

Officers may now take blood evidence from a suspected DWI driver without their consent and without a warrant if an accident occurred where someone other than the driver is hurt, if a child under 15 is in the car, or if the driver has previous convictions that would make the current charge felony DWI.

Minors may now be charged with public intoxication. Juveniles who successfully complete a court drug program or other special court-ordered program may have their criminal records immediately sealed.

MOTORCYCLES – Applicants for an original Class M or a Class A, B, or C driver’s license with motorcycle operation authorization must show proof of completion of an approved motorcycle training class.

Motorcycle riders who ride without a helmet are no longer required to be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle. The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan.

Officers are prohibited from stopping or detaining a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course or is covered by a motorcycle health insurance plan.

A child under 5 cannot be a passenger on a motorcycle unless they’re seated in a sidecar.

NEVs – Neighborhood electric vehicles (battery-powered vehicles that move at speeds under 45mph) are now legal on streets with a maximum speed limit of 45. Drivers licensed to operate an NEV are not required to have a motorcycle endorsement on their licenses, and they and their passengers are not required to wear helmets.

NEW RESIDENTS – Those new to Texas now have 90 days to get a Texas driver’s license, instead of the old limit of 30 days.

SEATBELTS – Everybody in the car wears a seatbelt, no matter how old they are or where they’re sitting. And no more exceptions for vans: the driver and passengers in a van designed to carry 15 or fewer people have to buckle up, too.

STREET RACING – A car used in illegal racing that causes property damage or personal injury will be seized and not returned until removal and storage fees are paid.

TEENAGERS – Drivers under 18 may not use a wireless communication device while driving.

Drivers under 18 who get their licenses on or after September 1, 2009 may not drive with more than one passenger under 21 who is not a family member for the first 12 months of having the license. That same group may not driver after midnight or before 5 a.m. (unless driving is necessary for transportation to or from school activities or work, or for a medical emergency) for that same period of time.

TINTED WINDOWS – Vehicles with tinted windows must display a vehicle equipment safety compliance sticker on the windshield, side or rear window stating that the tinting complies with Transportation Code. No sticker and you face a $1000 fine.

TRAFFIC STOPS – Officers may only make a traffic stop in marked police cars. Emergency lights alone are not enough to require you to pull over.

And our lawyer insists that I add the following: This is not a comprehensive list of the new laws, neither is to be considered, in any sense, legal advice or a foundation for any defense against legal charges arising from violations of these or any other laws or regulations. After all, we’re not lawyers (which is probably why you can understand what we write) and do not claim to be.

Read the official Texas DPS press release here.

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