Transportation Code · §545.062

Moving Violations

Moving Violations is covered under §545.062 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Following more closely than reasonable and prudent; Considering speed of vehicles, traffic, and highway condition; Class C misdemeanor; often paired with FCS in collision investigations.

Elements you must prove

  • Following more closely than reasonable and prudent
  • Considering speed of vehicles, traffic, and highway condition
  • Class C misdemeanor; often paired with FCS in collision investigations

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Worked examples

Worked example 1

Under §545.062 (following too closely), a driver:

  1. May follow at any distance the driver thinks is safe
  2. May not follow another vehicle more closely than is reasonable and prudent considering speed, traffic, and the highway condition Correct
  3. Must always maintain 4 seconds following distance
  4. Must follow at least 2 car lengths
Why: Subjective standard: 'reasonable and prudent.' Often charged in rear-end collisions. A driver of a truck or vehicle towing another must leave additional space for overtaking traffic.
Statute: Tex. Transp. Code §545.062

Statutory definitions for this topic

Following too closely Tex. Transp. Code §545.062
Following another vehicle more closely than is reasonable and prudent considering speed, traffic, and the highway condition. Subjective standard; commonly charged in rear-end collisions.