Transportation Code · §547.402

Operation and Maintenance of Brakes

Q: Driving a vehicle with no working brakes or insufficient brakes violates:

Tex. Transp. Code §547.402–547.408 Vehicles must have brakes adequate to control movement and to stop/hold the vehicle. Defective brakes are a Class C misdemeanor and grounds for placing a CMV out-of-service.

Operation and Maintenance of Brakes (§547.402): key points and worked practice questions for Texas peace officer exam preparation.

Key points

Required brakes must operate on each wheel, with listed exceptions (§547.402(a))
Brakes must be maintained in good working order and adjusted to operate as equally as practicable on each side (§547.402(d))

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Worked examples

Worked example 1

Driving a vehicle with no working brakes or insufficient brakes violates:

Tex. Transp. Code §547.402–547.408 Correct
Penal Code §38.04
Transp. Code §502.040
Penal Code §22.01

Why: Vehicles must have brakes adequate to control movement and to stop/hold the vehicle. Defective brakes are a Class C misdemeanor and grounds for placing a CMV out-of-service.

Statute: Tex. Transp. Code §547.402–547.408