TCOLE Traffic Laws and Enforcement Questions and Answers — Questions and Answers
Question 1: According to the Texas Transportation Code, what is the prima facie maximum speed limit for a passenger car on a street in an urban district, if no other speed limit is posted?
- 25 miles per hour
- 45 miles per hour
- 30 miles per hour (Correct answer)
- 35 miles per hour
Correct answer: 30 miles per hour
Texas Transportation Code §545.352(b)(1) establishes that the prima facie maximum speed limit is 30 miles per hour in an urban district on a street other than an alley.
Question 2: An officer stops a vehicle and observes a 7-year-old child in the back seat who is 4 feet, 7 inches tall. The child is secured only by a standard adult lap and shoulder belt. According to the Texas Transportation Code, which of the following is true?
- No offense has been committed because the child is older than 5.
- An offense has been committed because the child is younger than 8 years old AND less than 4 feet, 9 inches tall. (Correct answer)
- No offense has been committed because the child is properly secured for their height.
- An offense has been committed, but it is only a secondary violation.
Correct answer: An offense has been committed because the child is younger than 8 years old AND less than 4 feet, 9 inches tall.
Texas Transportation Code §545.412 requires that a child younger than 8 years of age must be secured in a child passenger safety seat system unless the child is at least 4 feet, 9 inches in height. Since the child is both under 8 and shorter than 4'9", the driver has committed an offense.
Question 3: Under the Texas "Move Over/Slow Down" law, which of the following actions is required of a driver on a multi-lane highway when approaching a stationary authorized emergency vehicle on the roadside with its lights activated?
- Come to a complete stop until signaled to proceed by emergency personnel.
- Honk twice to acknowledge the emergency vehicle and maintain speed.
- Slow down to 10 mph below the posted speed limit in the current lane.
- Vacate the lane closest to the emergency vehicle if possible; or slow to 20 mph below the posted speed limit. (Correct answer)
Correct answer: Vacate the lane closest to the emergency vehicle if possible; or slow to 20 mph below the posted speed limit.
Texas Transportation Code §545.157 requires a driver to either vacate the lane closest to the stationary emergency vehicle or, if moving over is not possible or prudent, to slow down to a speed not to exceed 20 mph less than the posted speed limit (or 5 mph if the speed limit is 25 mph or less).
Question 4: A peace officer lawfully detains a driver for a traffic violation. The driver verbally provides their correct name and date of birth but refuses to produce their physical driver's license for the officer to inspect. Which offense, if any, has the driver committed?
- Failure to Identify (Penal Code §38.02)
- Violation of Driver's License Law (Failure to Display License) (Correct answer)
- No offense, as they provided their name and date of birth.
- Interference with Public Duties
Correct answer: Violation of Driver's License Law (Failure to Display License)
Under Texas Transportation Code §521.025, a person who operates a motor vehicle must display their driver's license upon the demand of a peace officer. Refusing to do so is an offense under this section. Failure to Identify (PC §38.02) applies when a person is under arrest and refuses to give information, or when they give false information while detained or arrested.
Question 5: Under which of the following circumstances is a Texas peace officer authorized to make a custodial arrest for a routine traffic violation that is punishable by fine only?
- The driver is a resident of a different county within Texas.
- The driver refuses to sign the written promise to appear on the citation. (Correct answer)
- The officer has discretion to arrest for any and all traffic violations.
- The violation occurs in a designated construction zone with workers present.
Correct answer: The driver refuses to sign the written promise to appear on the citation.
Texas Transportation Code §543.004 allows a peace officer to take a person before a magistrate (arrest) for a fine-only traffic offense if the person refuses to make a written promise to appear in court, which is accomplished by signing the citation.
Question 6: Which of the following is a key element that must be proven to convict a person of Reckless Driving under Texas Transportation Code §545.401?
- The person was operating a vehicle with willful or wanton disregard for the safety of persons or property. (Correct answer)
- The person was driving more than 25 mph over the posted speed limit in a residential area.
- The person was operating a vehicle while using a wireless communication device.
- The person caused a collision that resulted in property damage exceeding $1,000.
Correct answer: The person was operating a vehicle with willful or wanton disregard for the safety of persons or property.
The specific culpable mental state required for the offense of Reckless Driving is defined in TTC §545.401(a) as operating a vehicle "in willful or wanton disregard for the safety of persons or property." While high speeds or causing a collision can be evidence of this, the core element is the willful or wanton disregard.
TCOLE Traffic Laws and Enforcement Questions and Answers
According to the Texas Transportation Code, what is the prima facie maximum speed limit for a passenger car on a street in an urban district, if no other speed limit is posted?