TDCAA Community
Question for JP/MC prosecutors

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9923003667

January 13, 2004, 18:15
J Ansolabehere
Question for JP/MC prosecutors
I have been trying to decide exactly what Transportation Code section 545.056(a)(2) means. (a)(1) forbids a person to pass (drive on the left) within 100 feet of an intersection or railroad grade crossing in a municipality. However (a)(2) forbids passing when the driver is "approaching within 100 feet of an intersection or railroad grade crossing outside a municipality and the intersection or crossing is shown by a sign or marking in accordance with Section 545.055. The issue is whether the words "in accordance with Section 545.055" modify both "sign" and "marking," or only "marking." The issue came up in regards to an accident in which the driver passed within 100 feet of a rural intersection. The roadway did not have any "no passing" striping or a "no passing" sign. However, there was a junction sign indicating the upcoming intersection. We have a difference of opinion on which way the language should be read. So my question to you muni and JP traffic law prosecutors--how are you interprerting this subsection. Input will be appreciated.

Janette Ansolabehere