Sec. 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE. (a) A person under 18 years of age may not operate a motor vehicle while using a wireless communications device, except in case of emergency.
(a-1) A person under 18 years of age may not operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency; or
(2) with more than one passenger in the vehicle under 21 years of age who is not a family member.
(b) A person under 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communications device, except in case of emergency.
(b-1) A person under 17 years of age who holds a restricted motorcycle license or moped license, during the 12-month period following the issuance of an original motorcycle license or moped license to the person, may not operate a motorcycle or moped after midnight and before 5 a.m. unless:
(1) the person is in sight of the person's parent or guardian; or
(2) the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency.
(c) This section does not apply to:
(1) a person operating a motor vehicle while accompanied in the manner required by Section 521.222(d)(2) for the holder of an instruction permit; or
(2) a person licensed by the Federal Communications Commission to operate a wireless communication device or a radio frequency device.
(d) For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm.
(e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section.
(f) In this section, "wireless communication device" means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C. Section 332.
Added by Acts 2001, 77th Leg., ch. 1251, Sec. 3, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 357 (S.B. 1257), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.11, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 18, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1160 (H.B. 2466), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 716 (H.B. 3483), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1101 (H.B. 3676), Sec. 1, eff. September 1, 2013.
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