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Matt Dixon

Driver’s License Laws

Different Types of Licenses Texas Driver’s License Occupational Licenses/ License suspension Out-of-State License Foreign Driver’s Licenses Restricted Licenses Commercial Driver’s Licenses

Classes of Licenses A B C M

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A license

Tex. Transp. Code § 521.001(6):

"License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes:

(A) a driver's license;

(B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and

(C) a nonresident's operating privilege.

Tex. Transp. Code § 521.021

LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

Tex. Transp. Code § 521.001(3):"Driver's license" means an authorization issued by the department for the operation of a motor vehicle. The term includes:

(A) a temporary license or instruction permit; and

(B) an occupational license.

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Tex. Transp. Code § 521.025(a):A person required to hold a license under Section 521.021 shall:

(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and

(2) display the license on the demand of a magistrate, court officer, or peace officer.

Defense:Tex. Transp. Code § 521.025(d): It is a defense to prosecution under this section if the person charged produces in court a driver's license:

(1) issued to that person;(2) appropriate for the type of vehicle operated; and(3) valid at the time of the arrest for the offense.

Compliance Dismissals: Fail to Display Texas DL ($10) Expired Texas DL ($20) Issue w/ out-of-state DLs

Tex. Transp. Code § 521.547:

(a) A person commits an offense if the person operates a motor vehicle on a highway:

(1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;

(2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;

(3) while the person's driver's license is expired if the license expired during a period of suspension; or

(4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter.

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Reasons for license suspension

Tex. Transp. Code Chapter 521, Subchapter L.

Allows a driver to drive while a license is suspended under certain conditions.

http://www.dps.texas.gov/DriverLicense/OccupationalLicense.htm

Watch H.B. 76

Tex. Transp. Code § 521.030 Nonresident Possesses a valid driver’s license

Similar to Class A or B: Driver is at least 18 Issued by the person’s state or country Other jurisdiction recognizes Texas DL

Similar to Class C or M: Driver is at least 16 Issued by another state or Canadian province Other state or province recognize Texas DL

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Tex. Transp. Code § 521.0305 DPS can enter into an agreement with a

foreign country to allow a foreign driver with a driver’s license similar to a class C license to receive a Texas Class C driver’s license.

It must be a reciprocal agreement. The foreign jurisdiction must have similar

traffic laws. The person applying for a temporary visitor

DL must be here lawfully.

Using a foreign driver’s license under an international treaty the Convention on the Regulation of Inter-

American Automotive Traffic of 1943, (the “Inter-American Treaty”), and the Convention on Road Traffic of 1949, (the

“Road Traffic Treaty”). http://www.state.gov/s/l/treaty/tif/index.htm

Diplomatic Motor Vehicle Program

A driver visiting from a foreign country may drive with a valid driver’s license from their native country if certain conditions are met: 1. The country must have entered into an

applicable treaty or agreement with the U.S.2. The driver must possess the foreign driver’s

license or an international driving permit.3. The driver must be at least 18.4. The driver must have been in the U.S. for at

least a year.*

* May not apply to Mexico and certain other Central and South American countries.

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The IDP must be obtained in the driver’s native country (a Texas resident can’t get an IDP in lieu of a Texas DL).

U.S. State Dept. approves U.S. citizens getting an IDP from the American Automobile Association or the American Automobile Touring Alliance.https://travel.state.gov/content/passports/en/go/safety/road.html

The IDP translates a DL into 10 languages. The IDP is discussed in the Road Traffic Treaty, art.

24; 3 U.S.T 3009 at *16–18. See also https://www.usa.gov/visitors-driving, and

https://www.consumer.ftc.gov/articles/0050-international-drivers-license-scams#idp scams

https://www.state.gov/ofm/dmv/

Tex. Transp. Code § 521.029 Must get a Texas DL w/i 90 days of

becoming a resident (i.e. not just visiting) A driver may operate with a DL from

another state or country for 90 days after becoming a Texas resident.

When does somebody become a resident?

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Tex. Transp. Code Chapter 521, Subchapter K

Minors New Drivers over 18 Motorcycle (restricted M) Moped Special Restrictions and Endorsements

(a) The department may issue a Class C driver's license to an applicant under 18 years of age only if the applicant:

(1) is 16 years of age or older;

(2) has submitted to the department a driver education certificate issued under Section 1001.055, Education Code, that states that the person has completed and passed a driver education course approved by the Texas Department of Licensing and Regulation;

(3) has obtained a high school diploma or its equivalent or is a student:

(A) enrolled in a public school, home school, or private school who attended school for at least 80 days in the fall or spring semester preceding the date of the driver's license application; or

(B) who has been enrolled for at least 45 days, and is enrolled as of the date of the application, in a program to prepare persons to pass the high school equivalency exam;license for at least six months preceding the date of the application.

(4) has submitted to the department written parental or guardian permission:

(A) for the department to access the applicant's school enrollment records maintained by the Texas Education Agency; and

(B) for a school administrator or law enforcement officer to notify the department in the event that the person has been absent from school for at least 20 consecutive instructional days; and

(5) has passed the examination required by Section 521.161.(b) The department may not issue a Class A, B, or C driver's license other than a hardship license to an applicant under 18 years of age unless the applicant has held an instruction permit or hardship license for at least six months preceding the date of the application.

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(b) The department may not issue a Class A, B, or C driver's license other than a hardship license to an applicant under 18 years of age unless the applicant has held an instruction permit or hardship license for at least six months preceding the date of the application.

(a) The department may issue a license to a person who complies with the requirements of Subsection (b) if the department finds that:

(1) the failure to issue the license will result in an unusual economic hardship for the family of the applicant;

(2) the license is necessary because of the illness of a member of the applicant's family; or

(3) the license is necessary because the applicant is enrolled in a vocational education program and requires a driver's license to participate in the program.

(b) An applicant for a license under Subsection (a) must be 15 years of age or older and must:

(1) have passed a driver education course approved by the department, which may be a course approved under Chapter 1001, Education Code; and

(2) pass the examination required by Section 521.161.

(c) To be eligible to take the driver training course, the person must be at least 14 years of age.

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Phase One: Learner License Applicants under 18 must have an instruction

permit (i.e., learner license) or hardship license (or combination) for at least 6 months.

Driver must have a licensed driver over 21 in the front seat that has at least one year experience.

Passed education requirements.

Phase Two: Provisional License Restrictions last until the driver is 18

No more than one passenger under 21

No cell phones or wireless devices—except for emergencies

Can’t drive between 12:00 AM to 5:00 AM

For good cause the department may impose a restriction or require an endorsement suitable to the driver's license holder's driving ability. The restriction or endorsement may relate to:

A person commits an offense if the person operates a motor vehicle in violation of a restriction imposed or without the endorsement required on the license issued to that person

There is a compliance dismissal option.

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Class A Class B Class C Class M

Tex. Transp. Code § 521.081. CLASS A LICENSE

A Class A driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or

(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.

Tex. Transp. Code §. 521.082. CLASS B LICENSE

(a) A Class B driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;

(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:

(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or

(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and

(3) a bus with a seating capacity of 24 passengers or more.

(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.253, except that the operator's seat is included in the computation.

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Tex. Transp. Code § 521.083. CLASS C LICENSEA Class C driver's license authorizes the holder of the license to operate:

(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and

(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.

Tex. Transp. Code § 521.084. CLASS M LICENSEA Class M driver's license authorizes the holder of the license to operate a motorcycle or moped as defined by Section 541.201.

Tex. Transp. Code § 521.085TYPE OF VEHICLE AUTHORIZED

(a) Unless prohibited by Chapter 522 (i.e., a CDL is required), and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped (class m required).

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"Commercial driver's license" means a license issued to an individual

that authorizes the individual to drive a class of commercial motor vehicle.

Means a permit that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011(a)(2)(B).

Means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

(A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;

(B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;

(C) is designed to transport 16 or more passengers, including the driver; or

(D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

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GVWR

Means the value specified by the manufacturer as the loaded weight of a single vehicle.

GCWR means the value specified by the

manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the GVWRs of the power unit and the total weight of the towed unit or units and any load on a towed unit.

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(a) A person may not drive a commercial motor vehicle unless:

(1) the person:

(A) has in the person's immediate possession a commercial driver's license issued by the department appropriate for the class of vehicle being driven; and

(B) is not disqualified or subject to an out-of-service order;

(2) the person:

(A) has in the person's immediate possession a commercial learner's permit and driver's license issued by the department; and

(B) is accompanied by the holder of a commercial driver's license issued by the department with any necessary endorsements appropriate for the class of vehicle being driven, and the license holder:

(i) for the purpose of giving instruction in driving the vehicle, at all times occupies a seat beside the permit holder or, in the case of a passenger vehicle, directly behind the driver in a location that allows for direct observation and supervision of the permit holder; and

(ii) is not disqualified or subject to an out-of-service order; or

(3) the person is authorized to drive the vehicle under Section 522.015.

CDL or Permit Issued by Other Jurisdiction CDL issued by another state; CDL issued by a foreign jurisdiction approved of by USDOT; The person is not disqualified or subject to an out-of-service

order; The person has not had a domicile in Texas for more than 30

days; and If the person has a permit, the person also has a driver’s

license issued by the same jurisdiction that issued the permit.

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Class A covers a combination of vehicles with a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle or vehicles exceeds 10,000 pounds.

Class B covers:(1) a single vehicle with a gross vehicle weight

rating of 26,001 pounds or more;

(2) a single vehicle with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of 10,000 pounds or less; and

(3) a vehicle designed to transport 24 passengers or more, including the driver.

Class C covers a single vehicle or combination of vehicles not described by Subsection (b) or (c) that is:

(1) designed to transport 16-23 passengers, including the driver; or

(2) used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F.

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Hazardous materials" has the meaning assigned by 49 C.F.R. Section 383.5.

Examples: Explosive Radioactive Material Poisonous Gas Infectious Substance Corrosive Oxidizer Dangerous When Wet

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Persons who operate motorcycles which carry hazardous materials that require a placard must hold a Class M license in conjunction with a Class A, B, or C CDL.

Farm Vehicles operated by a farmer transporting agricultural products, farm machinery, or farm supplies to or from a farm within 150 miles of the person’s farm and not used in the operations of a common or contract carrier.

Fire Truck or Emergency Vehicle.

Military Vehicle operated for military purpose.

Air Carrier being driven on premises of an airport.

Recreational Vehicle.

Seed Cotton Modules.

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Tex. Transp. Code § 522.042

37 Tex. Admin. Code § 16.2

Some CDL endorsements are required to operate certain commercial motor vehicles or transport certain items.

Common CDL Endorsements:

T Double/Triple Trailer

P Passenger

S School Bus

N Tank Vehicle

H Hazardous Material

X Combination of N and H

CDLs can be limited by restrictions.

Common Restrictions:

M Intrastate Only

L No Air Brakes

P Personal RestrictionsLicensed CDL operator for the class of vehicle being operated must be in the front seat.

Y Valid Texas vision or limb waiver required.

Z Valid Federal vision, limb, or diabetes waiver required

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Deferred Disposition DL or CDL? Does the violation involve motor vehicle control

Compliance Dismissals available or not? Refer to TMCEC chart and judge or prosecutor http://www.tmcec.com/resources/charts/

Is a valid driver’s license being presented for a defense? (refer to prosecutor)

Consequences of Convictions Driver Responsibility Program License Suspension / CDL Disqualification

Matt Dixon matt.dixon@arlingtontx.gov 817-459-6878

Multilateral Treaties in Force as of January 1, 2013

AUTOMOTIVE TRAFFIC AUSTRI A ̂

AUTOMOTIVE TRAFFIC AU TOM O TIVE TRAFFIC ̂

Convention on the regulation of inter-American automotive traffic, with annex. Open for signature at the Pan American Union, Washington, December 15, 1943.*

Entered into force July 25, 1944; for the United States October 29, 1946.

61 Stat. 1129; TIAS 1567; 3 Bevans 865.

Depositary: Organization of American States Status: http://www.oas.org/DIL/treaties_signatories_ratifications_subject.htm

Parties Argentina 1

Brazil Chile 1 2

Colombia Costa Rica Dominican Republic 1 2

Ecuador 1

El Salvador Guatemala 1

Haiti 1

Honduras Mexico 2

Nicaragua Panama Paraguay 1

Peru 1

United States 1 3

Uruguay Venezuela 1 2

Notes * Replaced by convention of September 19, 1949, on road

traffic (3 UST 3008; TIAS 2487), as between contracting parties to the later convention.

1 Party to convention of September 19, 1949. 2 With reservation. 3 With an understanding and reservation.

AU TOM O TIVE TRAFFIC ̂

Convention on road traffic, with annexes and protocol.

Done at Geneva September 19, 1949. Entered into force March 26, 1952.

3 UST 3008; TIAS 2487; 125 UNTS 22.

Depositary: United Nations Status: http://treaties.un.org/Pages/ParticipationStatus.aspx

Parties Albania 1

Algeria Argentina Australia 2

Austria 3

Bahamas, The 2 4

Bangladesh Barbados 1 2 5

Belgium Belize 1 2 4 5

Benin Botswana 2

Bulgaria 1

Cambodia Canada Central African Republic

Chile 3

China (Taiwan) 6

Congo Congo, Democratic Republic of the Cote d’Ivoire Cuba Cyprus 1 2 5

Czech Republic Denmark 3

Dominican Republic 1 2

Ecuador Egypt Fiji 1 2 5

Finland 3 5

France 5 7

Gambia, The 4

Georgia Ghana 1 2

Greece Grenada 1 4

Guatemala 1 3 5

Guyana 1 2 4

Haiti Hong Kong 8

Holy See Hungary Iceland 3

India 2

Ireland 2 5

Israel 3

Italy Jamaica 1 2 5

Japan 3

Jordan Korea Kyrgyzstan Laos Lebanon Lesotho Luxembourg Macao 8

Madagascar Malawi 2

Malaysia 2

Mali Malta 3

Mauritius 4

Monaco 5

Montenegro Morocco Namibia Netherlands New Zealand 2

Niger Nigeria Norway 3

Papua New Guinea 1 2 5

Paraguay Peru Philippines 3

Poland Portugal 5 9

Romania 1

Russian Federation Rwanda St. Lucia 1 2 4 5

St. Vincent and the Grenadines 1 2 4 5

Samoa 2 4

San Marino 3

Senegal 3

Serbia Seychelles 1 2 4 5

Sierra Leone 1 2 5

Singapore Slovak Republic South Africa 2 10

Spain 11

Sri Lanka Suriname 4 12

Swaziland 4

Sweden 3

Syrian Arab Republic Tanzania 4

Thailand Togo 5

Trinidad and Tobago 2

Tunisia Turkey Uganda Union of Soviet Socialist Republics 1 13

United Arab Emirates United Kingdom 1 2 5 14

United States 15

Venezuela 1

Vietnam, Rep. 16

Yugoslavia 17

Zambia 4

Zimbabwe 2

Notes 1 With reservation(s). 2 Excluding annexes 1 and 2. 3 Excluding annex 1. 4 See under country heading in Section 1 for information

concerning acceptance of treaty obligations. 5 With a statement. 6 See note under CHINA (TAIWAN) in Section 1. 7 Applicable to all overseas territories. 8 CHINA is not a party to this treaty but has made it

applicable to Hong Kong and Macao. 9 Applicable to all territories. 10 Applicable to Namibia. 11 Applicable to African localities and provinces. 12 Excluding annex 2. 13 See note under UNION OF SOVIET SOCIALIST

REPUBLICS in Section 1. 14 Applicable to Cayman Islands, Gibraltar, Bailiwick of

Guernsey, Isle of Man, States of Jersey. 15 Applicable to all territories for the international

relations of which The United States is responsible. 16 According to Multilateral Treaties Deposited with the

Secretary-General: Status as at 31 December 1985: “The Democratic Republic of Viet-Nam and the Repub­lic of South Viet-Nam (the latter of which replaced the Republic of Viet-Nam) united on 2 July 1976 to consti­tute a new State, the Socialist Republic of Viet Nam (Viet Nam)… “At the time of preparing this publication no indication had been received from the Government of the Socialist Republic of Viet Nam regarding its position with respect to a possible succession.” U.N. Doc. ST/LEG/SER.E/4.

17 See note under YUGOSLAVIA in Section 1. AU TOM O TIVE TRAFFIC ̂

337