Dateline: September 4, 2003

New traffic laws take effect this week

Several new traffic laws became effective September 1, 2003, according to information released by the Texas Department of Public Safety and the Donley County Sheriff’s Office.

The new Driver Responsibility law establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received.

The law prescribes two points for a moving violation conviction in Texas or that of another state and three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash. Points remain on the driver’s record for a period of three years.

The DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

The Driver Responsibility law also assigns annual surcharges for certain convictions.

A first-time DWI results in a $1,000 surcharge, paid annually for three years; and a second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

Senate Bill 45 has made it a state jail felony to drive while intoxicated with a passenger younger than 15.

Another law all drivers need to be aware of is Senate Bill 193, which requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to: 1) Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or 2) Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or 3) Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.

A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

Having a video display that is visible from the driver’s seat is illegal under Senate Bill 209. The new law expands the definition of video receiving equipment to include digital videodisc players, videocassette players or similar equipment. This equipment may be used only if it is located so that the video display is not visible from the operator’s seat.

House Bill 1326 automatically suspends for one year the driver license of anyone convicted of illegally racing on a public roadway. Before the license can be reinstated, the driver would have to complete 10 hours of community service. The punishment for illegal racing increases to a Class B misdemeanor. The law also increases the punishment for drivers who are racing drunk, who have open containers of alcohol in the vehicle when racing, who seriously injure or kill someone during the race or who have been convicted multiple times of illegal racing. Those offenses range from a Class A misdemeanor to a second-degree felony.

Senate Bill 439 makes it illegal to add reflective material, lights, emblems or anything else that changes the color of the license plate or makes it difficult to read the letters on the license plate. The name of the state where the vehicle is registered must be visible.

Senate Bill 613 suspends the driver license of anyone under the age of 21 who is convicted of the manufacture, delivery, possession, transportation or use of an abusable volatile chemical.

House Bill 292 strengthens an existing law and allows a police officer to have a blood or breath alcohol sample taken from a driver involved in an alcohol-related crash that kills or seriously injures another person, either in a motor vehicle or a boat.

House Bill 148 makes it a Class A misdemeanor to manufacture, sell, or possess a placard that is deceptively similar to a disabled parking placard without proper authorization. A person also commits a Class B misdemeanor if they knowingly park in a space designated for persons with disabilities using a counterfeit placard, and House Bill 1784 makes it an offense for a person to park their vehicle where it blocks a disabled access aisle that is designed to aid persons with disabilities.

House Bill 3588 increases the penalty for seriously injuring someone when illegally passing a school bus that is loading or unloading students to Class A misdemeanor.

One bill that did not pass was one which would have outlawed talking on a cellular telephone while driving-or without using a hands-free device. Despite Internet rumors to the contrary, this bill did not become a law.