Transportation Code § 541.201 – Definitions (Pedestrian, Bicycle, etc.)
Table of Contents
- Code Details
- Exact Statute Text
- Transportation Code § 541.201 Summary
- Purpose of Transportation Code § 541.201
- Real-World Example of Transportation Code § 541.201
- Related Statutes
- Case Law Interpreting Transportation Code § 541.201
- Why Transportation Code § 541.201 Matters in Personal Injury Litigation
Code Details
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 541. DEFINITIONS
Exact Statute Text
Click to view the complete statute text
VEHICLES. In this subtitle:
(1) “Authorized emergency vehicle” means:
(A) a fire department or police vehicle;
(B) a public or private ambulance operated by a person who has been issued a license by the Department of State Health Services;
(C) an emergency medical services vehicle:
(i) authorized under an emergency medical services provider license issued by the Department of State Health Services under Chapter 773, Health and Safety Code; and
(ii) operating under a contract with an emergency services district that requires the emergency medical services provider to respond to emergency calls with the vehicle;
(D) a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality;
(E) a county-owned or county-leased emergency management vehicle that has been designated or authorized by the commissioners court;
(F) a vehicle that has been designated by the department under Section 546.0065;
(G) a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency;
(H) an industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firefighters’ and Fire Marshals’ Association of Texas;
(I) a vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs;
(J) a vehicle used for law enforcement purposes that is owned or leased by a federal governmental entity; or
(K) a private vehicle of an employee or volunteer of a county emergency management division in a county with a population of more than 52,600 and less than 55,000 that is designated as an authorized emergency vehicle by the commissioners court of that county.
(2) “Bicycle” means a device, excluding a moped, that is capable of being ridden solely using human power and has either:
(A) two tandem wheels at least one of which is more than 14 inches in diameter;
(B) three wheels, two of which are in parallel, and at least one of the three wheels is more than 14 inches in diameter; or
(C) any number of wheels and adaptive technology that allows the device to be ridden by a person with a disability.
(3) “Bus” means:
(A) a motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator; or
(B) a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.
(4) “Farm tractor” means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine.
(5) “House trailer” means a trailer or semitrailer, other than a towable recreational vehicle, that:
(A) is transportable on a highway in one or more sections;
(B) is less than 45 feet in length, excluding tow bar, while in the traveling mode;
(C) is built on a permanent chassis;
(D) is designed to be used as a dwelling or for commercial purposes if connected to required utilities; and
(E) includes plumbing, heating, air-conditioning, and electrical systems.
(6) “Implement of husbandry” means:
(A) a vehicle, other than a passenger car or truck, that is designed and adapted for use as a farm implement, machinery, or tool for tilling the soil;
(B) a towed vehicle that transports to the field and spreads fertilizer or agricultural chemicals; or
(C) a motor vehicle designed and adapted to deliver feed to livestock.
(7) “Light truck” means a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a manufacturer’s rated carrying capacity of 2,000 pounds or less.
(8) “Moped” means a motor vehicle that is equipped with a rider’s saddle and designed to have when propelled not more than three wheels on the ground, that cannot attain a speed in one mile of more than 30 miles per hour, and the engine of which:
(A) cannot produce more than five-brake horsepower; and
(B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.
(9) “Motorcycle” means a motor vehicle, other than a tractor or moped, that is equipped with a rider’s saddle and designed to have when propelled not more than three wheels on the ground.
(10) Repealed by Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(3), eff. September 1, 2019.
(11) “Motor vehicle” means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.
(11-a) “Multifunction school activity bus” means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture other than the standards requiring the bus to display alternately flashing red lights and to be equipped with movable stop arms, and that is used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school. The term does not include a school bus, a school activity bus, a school-chartered bus, or a bus operated by a mass transit authority.
(12) “Passenger car” means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.
(13) “Pole trailer” means a vehicle without motive power:
(A) designed to be drawn by another vehicle and secured to the other vehicle by pole, reach, boom, or other security device; and
(B) ordinarily used to transport a long or irregularly shaped load, including poles, pipes, or structural members, generally capable of sustaining themselves as beams between the supporting connections.
(13-a) “Police vehicle” means a vehicle used by a peace officer, as defined by Article 2A.001, Code of Criminal Procedure, for law enforcement purposes that:
(A) is owned or leased by a governmental entity;
(B) is owned or leased by the police department of a private institution of higher education that commissions peace officers under Section 51.212, Education Code; or
(C) is:
(i) a private vehicle owned or leased by the peace officer; and
(ii) approved for use for law enforcement purposes by the head of the law enforcement agency that employs the peace officer, or by that person’s designee, provided that use of the private vehicle must, if applicable, comply with any rule adopted by the commissioners court of a county under Section 170.001, Local Government Code, and that the private vehicle may not be considered an authorized emergency vehicle for exemption purposes under Section 228.054, 284.070, 366.178, or 370.177 of this code unless the vehicle is marked.
(14) “Road tractor” means a motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load.
(15) “School activity bus” means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus.
(16) “School bus” means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority.
(17) “Semitrailer” means a vehicle with or without motive power, other than a pole trailer:
(A) designed to be drawn by a motor vehicle and to transport persons or property; and
(B) constructed so that part of the vehicle’s weight and load rests on or is carried by another vehicle.
(18) “Special mobile equipment” means a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway. The term:
(A) includes ditchdigging apparatus, well boring apparatus, and road construction and maintenance machinery, including an asphalt spreader, bituminous mixer, bucket loader, tractor other than a truck tractor, ditcher, levelling grader, finishing machine, motor grader, road roller, scarifier, earth-moving carryall and scraper, power shovel or dragline, or self-propelled crane and earth-moving equipment; and
(B) excludes a vehicle that is designed to transport persons or property and that has machinery attached, including a house trailer, dump truck, truck-mounted transit mixer, crane, and shovel.
(19) “Towable recreational vehicle” means a nonmotorized vehicle that:
(A) is designed:
(i) to be towable by a motor vehicle; and
(ii) for temporary human habitation for uses including recreational camping or seasonal use;
(B) is permanently built on a single chassis;
(C) may contain one or more life-support systems; and
(D) may be used permanently or temporarily for advertising, selling, displaying, or promoting merchandise or services, but is not used for transporting property for hire or for distribution by a private carrier.
(20) “Trailer” means a vehicle, other than a pole trailer, with or without motive power:
(A) designed to be drawn by a motor vehicle and to transport persons or property; and
(B) constructed so that no part of the vehicle’s weight and load rests on the motor vehicle.
(21) “Truck” means a motor vehicle designed, used, or maintained primarily to transport property.
(22) “Truck tractor” means a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.
(23) “Vehicle” means a device that can be used to transport or draw persons or property on a highway. The term does not include:
(A) a device exclusively used on stationary rails or tracks; or
(B) manufactured housing as that term is defined by Chapter 1201, Occupations Code.
(24) “Electric bicycle” has the meaning assigned by Section 664.001.
Transportation Code § 541.201 Summary
This section of the Texas Transportation Code provides essential definitions for various types of vehicles and equipment as they are referenced throughout Title 7, which governs vehicles and traffic. The definitions are crucial for understanding the application of traffic laws, regulations, and liability in Texas. It clearly defines what constitutes an “authorized emergency vehicle,” specifying a broad range from police and fire vehicles to private volunteer first responder vehicles and blood bank transport. The statute also details the characteristics of a “bicycle,” including those with adaptive technology, and distinguishes it from a “moped” or “motorcycle.” Further, it defines commercial vehicles like “bus” and “truck,” as well as agricultural equipment such as “farm tractor” and “implement of husbandry.” Other key terms like “motor vehicle,” “passenger car,” “trailer,” “semitrailer,” and “special mobile equipment” are also precisely outlined, often with specific exclusions or inclusions to prevent ambiguity. Notably, it also indicates that “electric bicycles” and “electric personal assistive mobility devices” have definitions found in other specific sections of the Transportation Code, rather than being defined directly within this section. This statute primarily applies to anyone operating, owning, or involved in an incident with these defined vehicles on Texas highways.
Purpose of Transportation Code § 541.201
The legislative intent behind this particular statute is to establish clear and unambiguous definitions for the myriad types of vehicles and related equipment encountered on Texas roadways. By precisely defining terms like “bicycle,” “motor vehicle,” “authorized emergency vehicle,” and various commercial or agricultural vehicles, the law aims to ensure consistency and clarity in the application and enforcement of traffic laws. This avoids confusion for drivers, law enforcement, and legal professionals. The statute addresses the potential problem of inconsistent interpretation, which could lead to unfair citations, legal disputes, or difficulty in determining liability after an accident. By providing a common vocabulary, it helps regulate vehicle registration, operation requirements, insurance coverage, and liability standards across the state, thereby enhancing public safety and legal certainty.
Real-World Example of Transportation Code § 541.201
Imagine a scenario where a collision occurs between a person riding what they consider a “motorized bicycle” and a car. The car driver claims the motorized bicycle should be treated like a motorcycle, requiring specific licensing and insurance, which the rider did not possess. However, the rider argues it’s merely a bicycle with an assist, subject to less stringent regulations.
In this situation, Texas Transportation Code § 541.201 would be immediately referenced. The court would examine the definitions for “bicycle,” “moped,” and “motorcycle.” If the device has an engine with specific horsepower and piston displacement limitations and cannot exceed 30 mph, it might fit the definition of a “moped.” If it has a larger engine, higher speed capability, and no pedals for human power, it would likely be a “motorcycle.” If it’s human-powered with a small electric assist (falling under “electric bicycle” defined in § 664.001, referenced here), it’s treated differently again. The precise classification according to this statute directly impacts what traffic laws apply to the rider, their licensing requirements, insurance obligations, and ultimately, who might be found at fault or how damages are assessed in a personal injury claim stemming from the collision.
Related Statutes
Several other Texas statutes are directly related to or commonly referenced alongside Transportation Code § 541.201, as they either provide further definitions or establish rules based on the classifications outlined here:
- Transportation Code § 551.201 – Definitions (Electric Personal Assistive Mobility Device): This section is explicitly referenced within § 541.201, as it defines “electric personal assistive mobility device,” which is excluded from the general definition of “motor vehicle.”
- Transportation Code § 664.001 – Definitions (Electric Bicycle): Also directly referenced in § 541.201, this statute provides the specific definition for an “electric bicycle,” which, like EPAMDs, is excluded from the broader “motor vehicle” definition.
- Transportation Code § 546.0065 – Designation of Certain Vehicles as Authorized Emergency Vehicles: This statute is referenced as allowing certain vehicles to be designated as “authorized emergency vehicles” by the department, expanding on the general list provided in § 541.201(1).
- Chapter 773, Health and Safety Code – Emergency Medical Services: This chapter is cited in § 541.201(1)(C) for the licensing requirements of emergency medical services providers, which dictates whether an EMS vehicle qualifies as an “authorized emergency vehicle.”
- Article 2A.001, Code of Criminal Procedure – Peace Officers: This article is referenced for the definition of “peace officer,” which is integral to understanding what constitutes a “police vehicle” under § 541.201(13-a).
Case Law Interpreting Transportation Code § 541.201
As a statute primarily focused on providing clear definitions, Transportation Code § 541.201 is more often applied by courts than it is subject to deep interpretation regarding ambiguity within its own text. However, courts frequently cite these definitions to establish the legal classification of a vehicle involved in a dispute, which then influences the application of other laws.
For example, in cases involving intoxicated driving, the definition of “motor vehicle” from this section is fundamental. In *State v. Villarreal*, 146 S.W.3d 721 (Tex. App.—San Antonio 2004, pet. ref’d), the court, while discussing the definition of “motor vehicle” in the context of DWI, implicitly relies on the framework established by statutes like § 541.201 to determine if a specific vehicle qualifies, even though the core issue was a different statutory interpretation. You can find more information about this case by searching on Google Scholar: State v. Villarreal 146 S.W.3d 721
Similarly, in *In re K.L.S.*, 377 S.W.3d 814 (Tex. App.—Dallas 2012), the court referred to the definition of “motor vehicle” in the Transportation Code when analyzing a juvenile delinquency case involving unauthorized use of a motor vehicle. The court’s application of the term directly relied on the established statutory definition, illustrating how crucial these basic classifications are to legal proceedings. You can find more information about this case by searching on Google Scholar: In re K.L.S. 377 S.W.3d 814
These cases highlight that while courts may not extensively “interpret” the definitions themselves, the accurate application of these definitions is a foundational step in countless legal analyses concerning traffic violations, criminal offenses, and civil liability.
Why Transportation Code § 541.201 Matters in Personal Injury Litigation
For anyone involved in a Texas personal injury claim, understanding the precise definitions provided in Transportation Code § 541.201 is absolutely critical. The legal classification of a vehicle, or even non-vehicle devices like certain types of bicycles or specialized equipment, can profoundly impact the outcome of a case.
For plaintiffs, establishing the correct vehicle classification can determine:
- Applicable Traffic Laws: Different rules apply to “bicycles,” “mopeds,” “motorcycles,” “passenger cars,” and “trucks.” If a plaintiff was injured while riding a device, its classification dictates what traffic laws they were expected to follow, influencing comparative fault arguments.
- Duty of Care: The duty of care owed by drivers of various vehicles can differ. For instance, the operator of an “authorized emergency vehicle” has specific privileges under the law, which can alter liability in a collision.
- Insurance Coverage: The type of vehicle involved can affect available insurance coverage and policy limits. A “motor vehicle” often has different insurance requirements than a “bicycle.”
- Vehicle Defects: If a product liability claim is involved, the vehicle’s classification can influence the standards against which its design or manufacture is judged.
For defense attorneys, these definitions are invaluable for:
- Contesting Liability: A defense might argue that a plaintiff’s device was a “motorcycle” requiring a license, rather than a “bicycle,” thereby shifting some fault to the plaintiff for operating an unregistered or unlicensed vehicle.
- Establishing Negligence: Proving that the plaintiff or another party failed to adhere to the specific traffic regulations applicable to their defined vehicle type can be key to a defense strategy.
- Limiting Damages: By clearly defining the type of vehicle, defense lawyers can ensure that only relevant statutes and precedents are applied, potentially limiting the scope of alleged damages or fault.
In essence, whether you’re a victim seeking compensation or a defendant disputing fault, the initial step in many Texas personal injury cases involving vehicles is often to correctly classify the devices involved according to the definitions in Transportation Code § 541.201. This foundational understanding can dictate the entire legal strategy, the evidence gathered, and ultimately, the success of the claim.