Untitled Texas Attorney General Opinion ( 1961 )

E GENE AS Novemb&ii, 1961 Honorable Wm. B. Bourke Opinion No. Ww-1196 County Attorney Daingerfield,Texas Re: Whether the uniform traffic laws are vfolat- ed when a driver of a motor vehicle in pass- ing another vehicle crosses the center stripe of the highway in a passing zone but passes back to the right side of the road in a non- Dear Mr. Bourke: passingszone. You have requested an opinion from this office as follows: Would it be a violation of the uniform traffic laws when a person begins to pass a car to the left hand side of the center stripe when the same is in an area designated by the Texas Highway Department as a passing zone but before the completionof the passing, he returna to the right hand side of the highway in an area designatedby the Texas Highway Departmentas a no-passing zone? The following provisions of Article 6701d are applicable: "Sec. 52. Upon all roadways the driver of a vehicle shall drive upon the right half of the roadway, except as follows: "1. When overtaking and passing another vehicle proceeding in the same direction-. under the rules governing such movement;... ‘Y3ec.57. (a) No vehfcILeshall at any time be driven to the left side of the road- way under the following conditions: "1, Where sight restrd.ction is such that Honorable Wm.B. Bourke, page 2 (WW-1196) the section of highway being traversed lies within a no..passingzone as determined and marked in accordancewith Section 5S. "Set, 58. The State Highway Commission is hereby authorized to determine those por- tions of any highway where overtaking and passing or driving to the left of the roadway would be especiallyhazardous and may by appropriatesigns or markings on the roadway indicate, the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarilyobser- vant person every driver of-a vehicle shall obey the directions thereof." (Fmphasis added) ConstruingSections 57 and 58 together, this office is of the opinion that at no time may a vehicle be traveling on the left side of the road within a no- passing zone appropriatelymarked by the State Highway Commission,and that any car traveling on the left side of the road in a zone so designated ormarked is vio- lating Article 6701d. SUMMARY It is a violation of the uniform traffic laws for a person to begin to pass a car to the left hand side of the center stripe when the same is in an area designatedby the Texas Highway Department as a passing zone if he returns to the right hand side of the highway in an area designated by the Texas Highway Department as a no-passing zone, whether he passes the car or not. The violation occurs by traveling on the left hand side of the road in a zone appropriately marked by the State Highway,Commissionas a no-passing 5one. Yours very truly, WILL WILSON Attorney General of Texas BY P A. L4&4LL J. T. Walker Assistant Fe;;z;y Honorable Wm. B, Bourke, page 3 (ww-1196 j JTW:sh:bjh APPROVED: OPINION COMMITTEE: W. V, Geppert, Chairman Mary K. Wall W. R&y Scruggs W. 0. Shultz Bob Shannon REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.