The Texas legislature was hard at work in 2009 passing several new traffic laws affecting the rights and responsibilities of Texas drivers. Among some of the most important provisions that were passed were those involving the use of seat belts, child safety restraints and cell phone use. All of the new laws, with limited exceptions, went into effect on September 1, 2009.

Seat Belts for Everyone

All passengers in a motor vehicle are now required to wear seatbelts. Previously, only front seat passengers and back seat passengers under the age of 15 had to wear seatbelts. Those who violate the law may receive up to a $200 ticket.

The new law is in partial response to the number of motor vehicle deaths that may have been prevented had the driver or passenger been wearing a seatbelt. In 2008, nearly one-third of those who died as a result of a car crash did not use a seatbelt.

Child Safety Restraints until Age Seven

Children under eight-years-old or shorter than four-feet-nine-inches must be seated in a proper child car seat at all times while riding in a motor vehicle. Under the prior law, parents only had to place children under the age of four in child safety restraints.

Parents who fail to adhere to the new law will be charged $25 for the first violation and $250 for subsequent violations. The police, however, will be issuing only warning tickets until June 1, 2010 to give parents time to adjust to the new age limits and, if necessary, purchase additional car seats.

Cell Phone Use Limited

Following the national trend, Texas passed its first cell phone use ban. According to the new law, all drivers are prohibited from talking on a hand-held cell phone while driving through a school zone. Communities are required to post warning signs outside of school zones warning drivers of the cell phone prohibition. Drivers in violation of the law may be fined up to $200.

Drivers, however, may continue to talk on cell phones in school zones if they are using a hands-free device. They also may use them in emergency situations and when the vehicle is in park.

Young drivers also have had their cell phone privileges taken away. Now any driver under the age of 18 is prohibited from using any cell phone while driving, whether with or without a hands-free device. Minors also are prohibited from sending or reading text messages while behind the wheel.

Lawmakers had proposed legislation that would have created a state-wide hand-held cell phone ban for all drivers, regardless of age. However, the measure was defeated in favor of a more limited ban on phone use.

Other Changes to the Motor Vehicle Code

Young drivers were of particular interest to the state legislature, in part because of the high number of traffic accidents in the state attributed to young, inexperienced motorists. Some of these measures include:

• Requiring drivers under 18 years of age to complete a driving skills exam in order to receive their driver's licenses
• Increasing the amount of in-car instruction time from 14 hours to 32 hours for drivers under age 18
• Extending the time period from six months to one year before drivers under 18 can have more than one passenger under the age of 21 in their cars while driving
• Extending the time period from six months to one year before drivers under 18 are permitted to drive between the hours of 12 a.m. and 5 a.m.

The state legislature also increased fines for drivers caught operating a motor vehicle without insurance. These drivers may now be assessed up to $2000 and may be ordered to spend up to 180 days in jail. If the uninsured driver is involved in a car accident causing serious injury or death to another person, the penalty increases to 1 year in a jail and up to a $4000 fine.

Those who are caught driving without a valid license also face increased penalties, including up to one year in jail and up to a $4000 fine.

For more information on these or other changes to the Motor Vehicle Code, contact an experienced attorney today.