Sec. 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official traffic-control device; or
(7) to avoid a collision.
(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:
(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;
(2) as permitted or required by an official traffic-control device; or
(3) to avoid a collision.
(c) A limitation in this section on driving on an improved shoulder does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol;
(3) a bicycle; or
(4) a slow-moving vehicle, as defined by Section 547.001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 860 (H.B. 2837), Sec. 2, eff. September 1, 2019.
Notes of Decisions
Cited in
101
cases (
8 in the last 5 years), 2001–2025 · leading case:
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
· cites it 12× “See Tex. Transp. Code § 545.058(2), (7). Davison v.”
State v. Kurtz, 111 S.W.3d 315 (Tex. App. 2003).
· cites it 4× “See Tex. Transp. Code Ann. § 545.058 (Vernon 1999).”
State v. Cortez, 512 S.W.3d 915 (Tex. App. 2017).
· cites it 8× “Tex. Transp. Code Ann. § 545.058 (a) (West 2011).”
Leming v. State, 493 S.W.3d 552 (Tex. Crim. App. 2016).
“Tex. Transp. Code § 545.058(a)(l-7) (West 2013).”
State v. Jonathan Michael Munsey, 424 S.W.3d 767 (Tex. App. 2014).
· cites it 7× “See Tex. Transp. Code Ann. § 545.058 (a) (West 2011) (captioned, “Driving on Improved Shoulder”), § 545.”
Thomas, Heather, 408 S.W.3d 877 (Tex. Crim. App. 2013).
“Tex. Transp. Code § 545.058. Because of its holding that the appellant waived any objection to the admission of evidence that was a product of the detention, it did not address the merits of this determination.”
Scardino v. State, 294 S.W.3d 401 (Tex. App. 2009).
· cites it 2× “” 2 See Tex. Transp. Code Ann. § 545.058 (a) (Vernon 1999).”
State v. Cortez, 501 S.W.3d 606 (Tex. Crim. App. 2016).
· cites it 2× “The shoulder was an "improved shoulder,” See Tex. Transp. Code § 545.058. . The trial court also found that the two times appellee was alleged to have driven on the shoulder he had legal justification for doing so.”
Tyler v. State, 161 S.W.3d 745 (Tex. App. 2005).
“Tex. Transp. Code Ann. § 545.058 (a) (emphasis added).”
Andrews v. State, 79 S.W.3d 649 (Tex. App. 2002).
· cites it 2× “According to Texas Transportation Code § 545.058(a)(1), a person may stop, stand, or park on an improved shoulder to the right of the main traveled portion of the roadway if necessary and if it may be done safely.”
State v. Nelson, 228 S.W.3d 899 (Tex. App. 2007).
“See Tex. Transp. Code Ann. §§ 545.058 , .060 (West 1999).”
United States v. Benavides, 291 F. App'x 603 (5th Cir. 2008).
· cites it 2× “” TEX. TRANSP. CODE § 545.058(a). Driving on an improved shoulder, without more, is therefore not a violation of a state traffic law.”
— Tex. Transp. Code § 545.058(2) — 1 case
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
“See Tex. Transp. Code § 545.058(2), (7). Davison v.”
— Tex. Transp. Code § 545.058(3) — 1 case
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
“See Tex. Transp. Code § 545.058(2), (7). Davison v.”
— Tex. Transp. Code § 545.058(5) — 1 case
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
“See Tex. Transp. Code § 545.058(2), (7). Davison v.”
— Tex. Transp. Code § 545.058(a) — 40 cases
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
“See Tex. Transp. Code § 545.058(2), (7). Davison v.”
Leming v. State, 493 S.W.3d 552 (Tex. Crim. App. 2016).
“Tex. Transp. Code § 545.058(a)(l-7) (West 2013).”
United States v. Benavides, 291 F. App'x 603 (5th Cir. 2008).
“” TEX. TRANSP. CODE § 545.058(a). Driving on an improved shoulder, without more, is therefore not a violation of a state traffic law.”
State v. Cortez, 501 S.W.3d 606 (Tex. Crim. App. 2016).
“The shoulder was an "improved shoulder,” See Tex. Transp. Code § 545.058. . The trial court also found that the two times appellee was alleged to have driven on the shoulder he had legal justification for doing so.”
State v. Jonathan Michael Munsey, 424 S.W.3d 767 (Tex. App. 2014).
“See Tex. Transp. Code Ann. § 545.058 (a) (West 2011) (captioned, “Driving on Improved Shoulder”), § 545.”
— Tex. Transp. Code § 545.058(a)(1) — 6 cases
Andrews v. State, 79 S.W.3d 649 (Tex. App. 2002).
“According to Texas Transportation Code § 545.058(a)(1), a person may stop, stand, or park on an improved shoulder to the right of the main traveled portion of the roadway if necessary and if it may be done safely.”
— Tex. Transp. Code § 545.058(a)(3) — 2 cases
— Tex. Transp. Code § 545.058(a)(5) — 3 cases
— Tex. Transp. Code § 545.058(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.