An overview of the law on third brake lights in Texas
The third brake light requirement applies to most vehicle manufactured after 1986. The Texas transportation code section 547.321 subsection (a) states as follows: On a passenger car, the center high mount stoplamp shall be a two-brightness or one-brightness lamp that: (1) emits a red light when the vehicle footbrake switch is activated; and (2) for a two-brightness lamp, emits a bright light when the vehicle footbrake switch is activated . Like the center brake light requirement, the purpose of the third brake light is to provide additional alert that reminds the following motorist of the need to stop at least fifty feet before colliding with the automobile ahead. The importance of the third brake light is even greater when the vehicle is partially blocked by a structure or other vehicle that may shield a lower level light. As seen in the video above, the third brake light is raised higher and is unaffected by ground objects like trucks or other vehicles that may obstruct the lower level brake lights.
Texas statutes and regulations on third brake lights
The following specifications apply to third brake lights in Texas as outlined in the Transportation Code:
· Placement of the third brake light on a vehicle:
o Located on or near an installment point that is at or above the highest point of the back of the motor vehicle and equipped with at least one operating stop lamp;
o Mounted on the rear horizontal panel of a hatchback, pickup truck or sports utility vehicle (SUV); and
o Mounted on a beam that is less than the maximum height established by Section 547.3211(b);
· Visibility of the third brake light;
o When lighted, is operable and visible from a distance of at least 500 feet to the front and 500 feet to the rear of the vehicle; and
o Emits red light.
· Two braking conditions when the third brake light is inoperable:
o Third brake light is not equipped with a reflex reflector; or
o Third brake light is not operating.
· Braking conditions when the third brake light is illuminated:
o Two third brake lights are on but one of the two is not displaying an amber light; or
o Third brake light is not equipped with an amber light.
Most drivers in Texas are familiar with the third brake light. The administration of the law is left up to the City of Houston and the rest of the state. However, you should not be cited for operating a third brake light in another jurisdiction that does not enforce the law.
Penalties for breaking Texas laws
If you do not follow the laws of Texas, you could be in danger of facing some substantial fines. The penalties related to this law are in accordance with Texas Transportation Code Section 547.323. If you fail to properly repair or replace your third brake light, you could be charged with a Class C misdemeanor, which is punishable by a fine of up to $500. In addition to the $500 fines, it is also possible that you will be required to attend defensive driving education courses as part of your sentence. This is at the discretion of the court, but if you can attend the course, you could have your fine reduced or eliminated. If you get stopped for a broken third brake light, it is important that you take the steps to get it repaired immediately. Not repairing the light is breaking the law, and the officer could choose to issue a citation instead of giving you the chance to fix the light yourself. In addition to the citation, you might have to pay court fees, legal fees, and other costs associated with handling the violation. Instead, it is better to repair your light and be proactive about the issue to begin with. While this law is in place to protect drivers in Texas, it is also another way to establish a system of revenue through tickets and court fees. Authorities are often looking for any possible reason to pull someone over to see if there is something legal to charge. In some cases, the officers will issue citations for traffic violations even after the driver has been pulled over for an unrelated offense. As such, it is best to make sure all your lights are working properly at all times and to check your brake lights as part of your regular vehicle maintenance routine.
Exemptions and exceptions to third brake light laws in Texas
There are, however, some exceptions to the third brake light law. If a vehicle’s third brake light is obscured while the safety equipment is being used (for example, on a delivery truck that has a big box on the back), then a police officer may not issue a violation unless they see no other brake lights functioning. Of course, a driver should still tend to the problem as soon as possible.
This law does not apply to motorcycles , trailers, or special mobile equipment. It also does not apply to commercial motor vehicles manufactured as of July 1, 1973, as these were never manufactured with the third brake light. That said, the third brake light law does include an exemption for what is known as "adrift light systems." This is any system that, under normal driving conditions, illuminates when the brakes are applied.
The benefits of keeping your third brake light in good condition
Maintaining a functioning third brake light is vital for both safety and legal reasons. Not only is a third brake light often your last chance to warn someone behind you that you are stopping, it is also required by law that it is functioning properly. Should this third brake light fail, you may want to think about replacing it, as it may be cited as a violation in case of an accident.
We’ve all been aware of how important it is to ensure that brake lights are functioning properly, but do we even think twice about whether our third brake lights are functioning? Most people don’t, and the sporadic nature of its failure often makes it seem like little more than an inconvenience when it goes out. However, as a driver on the road, the third brake light is the last chance you have to instruct another driver that you are slowing or stopping, and it is important that it is functioning properly and is unobscured.
For your own safety, you should follow your State’s Guidelines when determining the range of visibility for your third brake light and ensuring that it is not obscured by any objects. Also keep in mind that this light is what a driver behind you uses to gauge how much distance they should keep between their vehicle and yours, especially when your vehicle is low to the ground and hard to see from behind. Therefore, if it is malfunctioning, they may not have enough space to receive the third light’s signal in time to stop. It may be too late to stop if it takes them just moments longer than expected to react to a sudden stop signal due to your vehicle a few cars back suddenly stopping before they do.
At a minimum, when checking your brake lights when you get out of your car, make sure the third brake light is functioning normally. Check that it goes off when the regular brake lights go off and make certain that it stays on when your brakes are engaged. If you have a friend or family member with you, have them stand behind your car and activate the brakes so that they can confirm whether or not the third brake light is functioning properly. If it is not, you can either get it repaired or replaced by a third-party professional, or you can simply do it yourself. You can simply remove the piece from where it is panel-mounted on most vehicles and have an identical piece shipped to your home. Once received, the replacement piece can then be installed in the same manner as the damaged piece, saving you money.
Local law on third brake lights compared to others states
The third brake light laws in Texas are more stringent than in some other jurisdictions, but less intensive than in others. For instance, most states require one third brake light, while a few (most notably those in the Northeast), require more than one. How does Texas compare? In Texas, 1969 MV § 547.321(b)(3) is the statute that outlines the laws in question , and which requires only one third brake light. It more or less follows the federal requirements in this regard. For those eager to know how the Texas law compares to that of other states, we are pleased to report that it is in the majority. Only five states – Hawaii, Maryland, Mississippi, New York and Rhode Island – require two third brake lights. The remaining states only require one.