Transportation Code · §547.402

Equipment

Equipment is covered under §547.402 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Service brakes adequate to stop/hold the vehicle; Parking brake required for stopping when standing; Class C misdemeanor.

Elements you must prove

  • Service brakes adequate to stop/hold the vehicle
  • Parking brake required for stopping when standing
  • Class C misdemeanor

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Worked examples

Worked example 1

Driving a vehicle with no working brakes or insufficient brakes violates:

  1. Tex. Transp. Code §547.402–547.408 Correct
  2. Penal Code §38.04
  3. Transp. Code §502.040
  4. Penal Code §22.01
Why: Vehicles must have brakes adequate to control movement and to stop/hold the vehicle. Defective brakes are a Class C misdemeanor and grounds for placing a CMV out-of-service.
Statute: Tex. Transp. Code §547.402–547.408