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Can you speed to pass a vehicle on the road in Texas? Here’s what the law says

In World
June 25, 2024

Passing drivers on Texas highways is standard practice, but is it legal to exceed the speed limit to do so?

Under the Texas Transportation Code, drivers cannot be arrested for speeding in the Lone Star State. Drivers will likely get a ticket from police for speeding, but they cannot be arrested because of it.

So just how much can Texans exceed the speed limit to pass other drivers? Here’s what we know:

Can you speed to pass a vehicle on the road in Texas?

Nope, it’s illegal in Texas to exceed the speed limit on any occasion.

Under Texas Transportation Code section 545.352, any excess in speed on the established limits is considered unlawful. The default speed limits for certain roadways are:

  • Streets- 30 mph

  • Alleys- 15 mph

  • Highways- 70 mph

The Texas Transportation Commission is allowed to bump up the speed limit in certain sections to 75, 80 and 85 mph, according to the Texas Department of Transportation.


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The speed limit can be raised if the highway is deemed safe and reasonable after a traffic or engineering study. Speed limits on state highways can be set by either the commission or by city government if its within city limits.

What vehicles can exceed speed limits to pass other vehicles?

Under Texas Transportation Code section 545.365, the following vehicles are exempt from speed limits during emergency situations:

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