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Bicyclists' Rights
Bicycles have a right to the road
A person operating a bicycle has the rights and duties
applicable to a driver operating a vehicle under this
subtitle... Sec.
551.101(a)
Cyclists don't always have to ride on the right
A bicyclist is NOT required to ride at the right curb or
right edge of the roadway when (s)he is:
- moving as fast or faster than other traffic.
- passing another vehicle moving in the same
direction
- preparing to make a left turn.
- avoiding a condition on or of the roadway, including
a fixed or moving object, parked or moving vehicle,
pedestrian, animal, or surface hazard prevents the person
from safely riding next to the right curb or edge of the
roadway.
- operating a bicycle in an outside lane that is: less
than 14 feet in width and does not have a designated
bicycle lane adjacent to that lane; or too narrow for a
bicycle and a motor vehicle to safely travel side by
side.
- riding on a one-way road with two or more traffic
lanes, in which case the cyclist may ride as near as
practicable to the left curb or edge of the roadway.
Paraphrased from Sec. 551.103.
Operation on Roadway
Bicycles may ride two-abreast
Persons operating bicycles on a roadway may ride two
abreast. Persons riding two abreast on a laned roadway shall
ride in a single lane. Persons riding two abreast may not
impede the normal and reasonable flow of traffic on the
roadway. Persons may not ride more than two abreast unless
they are riding on a part of a roadway set aside for the
exclusive operation of bicycles. Sec.
551.103(c). Operation on Roadway
Bicycles may ride on the shoulder
A limitation in this section on driving on an improved
shoulder does not apply to... a bicycle.
Sec. 545.058 (c)(3). Driving on Improved
Shoulder
Bicycles can park on the sidewalk
A person may stop, stand, or park a bicycle on a sidewalk
if the bicycle does not impede the normal and reasonable
movement of pedestrian or other traffic on the sidewalk.
Sec. 545.302(d). Stopping, Standing, or
Parking Prohibited in Certain Places.
Bicyclists not required to carry ID
A person commits an offense if he intentionally refuses
to give his name, residence address, or date of birth to a
peace officer who has lawfully arrested the person and
requested the information. A person commits an offense if he
intentionally gives a false or fictitious name, residence
address, or date of birth to a peace officer who has
law-lawfully detained or arrested the person; or requested
the information from a person that the peace officer has
good cause to believe is a witness to a criminal offense.
[A person must identify him/herself only if arrested; no
ID is required.] Sec. 38.02. Failure
to Identify
Motorist Offenses
Actual or threatened harm by a motorist is Assault
A person commits an offense if the person: intentionally,
knowingly, or recklessly causes bodily injury to another,
...; intentionally or knowingly threatens another with
imminent bodily injury…; or intentionally or knowingly
causes physical contact with another when the person knows
or should reasonably believe that the other will regard the
contact as offensive or provocative. Sec.
22.01. Assault
Threatening harm with a motor vehicle is Aggravated
Assault
A person commits an offense if the person commits assault
as defined in Section 22.01 [above] and the person:
causes serious bodily injury to another…; or uses or
exhibits a deadly weapon during the commission of the
assault. An offense under this section is a felony of the
second degree, except that the offense is a felony of the
first degree if the offense is committed [under certain
circumstances]. Sec. 22.02. Aggravated Assault. "Deadly
weapon" means... anything that in the manner of its use or
intended use is capable of causing death or serious bodily
injury. Sec. 1.07(17)(B).
Definitions
Recklessness which could hurt somebody is Deadly
Conduct
A person commits an offense if he recklessly engages in
conduct that places another in imminent danger of serious
bodily injury. Sec. 22.05(a). Deadly
Conduct
Reckless driving is a criminal offense
A person commits an offense if the person drives a
vehicle in willful or wanton disregard for the safety of
persons or property. Sec. 545.401(a).
Reckless Driving; Offense.
Motorist must stop if injuring someone
The operator of a vehicle involved in an accident
resulting in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the
accident or as close to the scene as possible; (2)
immediately return to the scene of the accident if the
vehicle is not stopped at the scene of the accident; and (3)
remain at the scene of the accident until the operator
complies with the requirements of Section 550.023
[below].
An operator of a vehicle required to stop the vehicle by
[as described above] shall do so without obstructing
traffic more than is necessary.
A person commits an offense if the person does not stop
or does not comply with the requirements of this section. An
offense under this section is punishable by: imprisonment in
the institutional division of the Texas Department of
Criminal Justice for not more than five years or confinement
in the county jail for not more than one year; a fine not to
exceed $5,000; or both the fine and the imprisonment or
confinement. Sec. 550.021. Accident
Involving Personal Injury or Death.
Motorist must stop if injuring person or vehicle
The operator of a vehicle involved in an accident
resulting in the injury or death of a person or damage to a
vehicle that is driven or attended by a person shall:
(1) give the operator's name and address, the
registration number of the vehicle the operator was driving,
and the name of the operator's motor vehicle liability
insurer to any person injured or the operator or occupant of
or person attending a vehicle involved in the collision;
(2) if requested and available, show the operator's
driver's license to a person described by Subdivision (1);
and
(3) provide any person injured in the accident reasonable
assistance, including transporting or making arrangements
for transporting the person to a physician or hospital for
medical treatment if it is apparent that treatment is
necessary, or if the injured person requests the
transportation. Sec. 550.023. Duty to
Give Information and Render Aid.
Injury caused by DWI is Intoxication Assault
A person commits an offense if the person, by accident or
mistake, while operating a…motor vehicle in a public
place while intoxicated, by reason of that intoxication
causes serious bodily injury to another. "Serious bodily
injury" means injury that creates a substantial risk of
death or that causes serious permanent disfigurement or
protracted loss or impairment of the function of any bodily
member or organ. An offense under this section is a felony
of the third degree. Sec. 49.07
Intoxication Assault
Death caused by DWI is Intoxication Manslaughter
A person commits an offense if the person: operates a
motor vehicle in a public place… and is intoxicated and
by reason of that intoxication causes the death of another
by accident or mistake. An offense under this section is a
felony of the second degree. Sec. 49.08
Intoxication Manslaughter
ABOUT THIS FLIER. Section numbers greater than 500 are from
the Texas Transportation Code, others are from the Texas
Penal Code. Almost all citations are edited for space;
complete text can be found on BicycleAustin.info. This flier
is NOT a substitute for professional legal advice. If you
need legal advice, consult an attorney. Publisher takes no
responsibility for errors or omissions; use at your own
risk. Published in 2003 by BicycleAustin.info.
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