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RULE §3.4Crashes and Violations--Private Ways and Places

(a) Department interpretations. Department interpretations of territorial applicability of the Texas Transportation Code are as follows.

  (1) Law applies--ways--reportable but safety responsibility does not apply:

    (A) business-owned access way, road, or street open to the public;

    (B) hotel and motel driveway;

    (C) hospital, airport, arena, cemetery, etc., driveways not restricted;

    (D) nonresidential roads on military bases where the state has jurisdiction;

    (E) oil lease and irrigation roads open to the public;

    (F) private school not restricted; and

    (G) filling station driveways.

  (2) Law does not apply--ways--not reportable:

    (A) residential driveways--includes single unit, duplex, and apartment;

    (B) farm and ranch roads not open to the public;

    (C) restricted roads on military bases or on roads where jurisdiction has not been ceded;

    (D) posted roads--restricted by signs or barricades;

    (E) loading dock areas;

    (F) car repair areas; or

    (G) racetracks.

  (3) Law applies--parking areas--reportable but safety responsibility does not apply:

    (A) areas provided for customers by a business;

    (B) state-owned (all government-owned) where public parking is committed;

    (C) free parking lots;

    (D) drive-in customer parking;

    (E) private schools;

    (F) hospital, airport, arena, cemetery, etc., when no fee is charged;

    (G) shopping center; or

    (H) hotel, motel, where parking is done by customers.

  (4) Law does not apply--not reportable:

    (A) private residence garages--single unit, duplex, and apartment;

    (B) business areas exclusively for employees--includes governmental, also commercial--where fee is charged;

    (C) drive-in theaters;

    (D) motor vehicle sale lots; or

    (E) garage storage and repair areas.

(b) Guide. If the owner or person in control of the way or area does not intend to be open for public use, then the Texas Transportation Code has no application.

(c) Investigation. In investigating crashes coming within the provisions of the Texas Transportation Code, the investigating officer may follow regular crash investigation procedure as though the crash occurred on a rural highway.

(d) Traffic law violations applicable on private ways and parking areas. The interpretation of the department is that the groups of offenses enumerated herein are the only traffic offenses applicable to privately owned access ways and parking areas:

  (1) Texas Transportation Code, Chapter 550 and §545.401; and

  (2) traffic offense not limited to a public highway by statute.

Source Note: The provisions of this §3.4 adopted to be effective January 1, 1976; amended to be effective November 12, 1985, 10 TexReg 4235; amended to be effective November 16, 1990, 15 TexReg 6317; amended to be effective December 20, 2007, 32 TexReg 9353; amended to be effective September 15, 2010, 35 TexReg 8382

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