The Common Law

New Traffic Laws – Turn Off Cell Phones and Buckle Seat Belts

Ever talk on your cell phone while driving through a school zone? Maybe you are in the habit of riding in the backseat of your friend's car without wearing a seat belt? If yes, you better get familiar with new traffic laws passed by the Texas Legislature that went into effect Sept. 1 in order to avoid a ticket.

Cell Phone Restrictions While Driving

It is illegal to use a wireless communication device (cell phone, BlackBerry, etc.) in a school zone unless the vehicle is stopped or a hands-free device is used. Cities, counties, and political subdivisions that wish to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the driver is subject to a fine. If you think this law doesn't apply to you because the school zone in your area has not posted a sign, remember that the lack of a sign only provides you with an affirmative defense when you go to court to contest the ticket. You can still receive the ticket (and then have to endure the subsequent hassle to fight it) even without any posted signs. Another affirmative defense to the new law is that you are allowed to use your mobile phone in a school zone to make an emergency call.

In addition, a new Texas law restricts all drivers under the age of 18 from using a wireless communications device while operating a motor vehicle.

Seat Belts in the Backseat

Think that seat belts in the backseat are just for kids? Think again. A new Texas law requires that all occupants of a car, no matter their age, be secured by a safety belt, regardless of where they are seated in the vehicle. So be sure that all the passengers in your backseat are buckled up before you start driving.

Read next week's column to learn about more new traffic laws that also took effect on Sept. 1. The more you know, the more likely it is that you will drive safely and avoid tickets.