Transportation Code · §545.058

Moving Violations

Moving Violations is covered under §545.058 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Necessary AND may be done safely; Plus one of seven listed reasons; Class C misdemeanor.

Elements you must prove

  • Necessary AND may be done safely
  • Plus one of seven listed reasons
  • Class C misdemeanor

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Worked examples

Worked example 1

'Driving on Improved Shoulder' (§545.058) is permitted only when:

  1. Passing slow traffic
  2. Necessary and may be done safely — and one of seven listed reasons applies (e.g., to stop, accelerate, decelerate, pass another vehicle that is slowing or stopped on main lane, allow another vehicle to pass, etc.) Correct
  3. The shoulder is wide enough
  4. The driver is in a hurry
Why: Driving on the improved shoulder is generally prohibited but allowed under one of seven enumerated necessities (acceleration before entering, deceleration before turn, pass on right of vehicle slowing/stopped on main lane, allow overtaking, comply with police officer, avoid collision, permit highway maintenance).
Statute: Tex. Transp. Code §545.058