Transportation Code · §545.425

Child Safety

Child Safety is covered under §545.425 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Active school crossing zone; No use of hand-held wireless device while operating motor vehicle; Limited exceptions for hands-free / stopped / emergency.

Elements you must prove

  • Active school crossing zone
  • No use of hand-held wireless device while operating motor vehicle
  • Limited exceptions for hands-free / stopped / emergency

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Worked examples

Worked example 1

Within a school crossing zone, electronic-device use restrictions are:

  1. Same as elsewhere
  2. More restrictive — generally no use of a hand-held wireless device while operating a motor vehicle within an active school crossing zone (with statutory exceptions) Correct
  3. Permitted with hands-free only after sunset
  4. Permitted only on weekends
Why: §545.425 prohibits use of a hand-held wireless device in active school crossing zones (and on the property of a public school during school hours when used while driving), with limited exceptions (stopped, hands-free, emergencies).
Statute: Tex. Transp. Code §545.425

Statutory definitions for this topic

Active school crossing zone Tex. Transp. Code §545.425
A school crossing zone during school hours when children are present. Hand-held wireless device use while operating a motor vehicle is prohibited (limited exceptions for hands-free / stopped / emergency).
Texting while driving (§545.4251) Tex. Transp. Code §545.4251
Statewide prohibition on operating a motor vehicle while using a wireless communication device for electronic messaging. Class C misdemeanor; first offense up to $99 / subsequent up to $200. Limited exceptions for stopped, hands-free, emergency, GPS.