Transportation Code · §545.351
Maximum Speed Requirement
Maximum Speed Requirement (§545.351): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Operator must control speed as necessary
- To avoid colliding with another person or vehicle that is on or entering the highway in compliance with law (§545.351(b)(2))
- Often charged after collisions; not the same as speeding
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Worked examples
Worked example 1
Failing to control speed (FCS) under Texas law generally arises when:
- Driver is over the posted limit
- Driver fails to drive at a speed appropriate to the circumstances (e.g., wet road, traffic, visibility), often charged after a collision; the elements are different from speeding (§545.351 'safe speed') Correct
- Driver brakes suddenly
- Driver exceeds 85 MPH
Why: §545.351 requires drivers to control speed as necessary to avoid colliding with another vehicle, person, or other object. Officers commonly cite this after a rear-end or low-speed collision even where no posted limit was exceeded.
Statute: Tex. Transp. Code §545.351
Statutory definitions for this topic
- Failure to control speed (FCS) Tex. Transp. Code §545.351
- Driver fails to drive at a speed appropriate to the circumstances (wet road, traffic, visibility). Often charged after a collision even where no posted limit was exceeded. Distinct from speeding.