Untitled Texas Attorney General Opinion ( 1970 )

Hon. Jules Damiani, Jr. Criminal District Attorney 405 County Courthouse Opinion No: M-698 Galveston, Texas 77550 Re: Interpretation of Section 52c, Article 6701d, Revised Civil Statutes of Texas, and related . sections. Dear Mr. Damiani: You have requested an opinion of this office as follows: "Is it a violation of Article 6701d, Revised Civil Statutes of Texas, for a motorist to make a left hand turn off of a four lane highway across a double yellow stripe (no passing zone) into a private driveway?" you further state that Farm Road 517 in Galveston County, Texas, is a state highway maintained by the Texas Hiqhway nepartment located in the corporate limits of the city of Texas City, Texas, and is a four lane highway having a double yellow stripe in the center. Prior to the amendment of Section 52 by Acts 1969, 61st Legislature, Chapter 329, Page 1019, the question you ask probably would have been answered by Section 57 or 58 of Article 6701d, which relate to passing on the left hand side of a roadway. However, Section 52c specifically applies to driving on the left side of the center line on four lane highways having two-way travel and states as follows: "C. Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the -3373- 'Bon. Jules Damiani, Jr., Page 2 (W- 698) center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under Subsection 2(ai hereof. However, this subsection shall not be construed as prohibiting a crossing of a center line in makins a,,leftturn into or from an alley, rivate road or driveway." (Emphasis Adde The provisions of Section 52~ of Article 6701d disallow any person from traveling for any reason on the left hand side of a roadway having four or more lanes for moving traffic except when authorized by the exceptions provided therein. One of the exceptions is that left-hand turns into a private driveway are not prohibited. It is, therefore, our opinion that it is not a violation of Article 6701d, Vernon's Civil Statutes of Texas, for a motorist to make a left hand turn off of a four lane highway across a double yellow stripe into an alley, a private road or driveway, because Section 52c of Article 6701d specificallY allows this act. SUMMARY It is not a violation of Article 6701d, Vernon's Civil Statutes of Texas, for a motorist to make a left hand turn off of a four lane highway across a double yellow stripe into an alley, private road or driveway, because Section 52c of Article 6701d specifically 110~s this act. :? Att$ney General of Texas Prepared by Bennie W. Bock, II Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Ch&znan W. E. Allen, Co-Chairman R. D. Green Ed Esquivel liaroldXennedy ‘\ Sam L. Jones '. -3374- Hon. Jules Damiani, Jr., page 3 (M- 0)x) MEADI:F. GRIFFIN staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant Attorney General -3375-