What You Need to Know About the 3rd Brake Light Law in Texas

What is the 3rd Brake Light Law in Texas?

The Texas state requirements for third brake lights, as noted in the Texas state requirements for vehicle third brake lights.
§ 547.32. Stop Lamps and Other Signal Lamps.
(a) A motor vehicle, trailer, semitrailer, pole trailer, mobile home trailer, truck trailer, or passenger car, except a motorcycle, shall be equipped with at least one stop lamp or two stop lamps which may be incorporated with other rear lamps or other equipment. Except as provided by Subsections (b) and (c), a stop lamp shall comply with Section 547.323.
(b) A passenger car, truck, truck-tractor, road tractor, or bus manufactured or assembled after September 1, 2009, and registered for operation in this state must be equipped with at least one high mount stop lamp. A high mount stop lamp:

(1) must be mounted on the centerline or as far left or as far right of the centerline of the vehicle as possible; and
(2) must be:

(A) a light-emitting diode assembly;
(B) a filament bulb assembly that emits only red light and is illuminated only when the:
(i) headlamps or parking lamps are on; and
(ii) service or foot brake is activated; or
(C) a light-emitting diode assembly or filament bulb assembly that is otherwise federally approved.
(c) If a passenger car , truck, truck-tractor, road tractor, or bus is manufactured or assembled before September 1, 2009, the vehicle need not be equipped with a high mount stop lamp to be considered lawfully equipped for the purposes of this section. However, the vehicle must display one tail lamp which, at all times during lighting conditions from sunset to sunrise, emits a red light visible from a distance of 1,000 feet to the rear of the vehicle as required by Section 547.331.
(d) The department shall maintain a public database of each vehicle make and model offered for retail sale in this state that is manufactured or assembled after September 1, 2009, and that is equipped with a high mount stop lamp under Section 547.321(10) and the federal regulations adopted by reference under Subsection (d). The department may enter into an interagency agreement with the Texas Department of Insurance, Division of Workers’ Compensation, relating to the operation of the database. A person may check the database online, by telephone, or in person.

The Reason for the 3rd Brake Light Law

The 3rd brake light’s purpose is to ensure that other drivers are constantly aware that you are stopping, even if your car is blocked by another car. In fact, it’s additional awareness that can prevent a collision. If the car ahead of you has a big pickup in front of it, you may have sight limitations that don’t allow you to see their brake lights. The extra brake light on the back of your vehicle can help compensate for that lack of visibility.
The government introduced the third brake light as a safety measure. This government initiative was due to studies showing increased levels of accidents caused by poor visibility, resulting in rear-end collisions. Today, the third brake light has been mandatory since 1986, regardless of the type of vehicle.

Possible Punishments for Violating the Law

An owner or operator of a motor vehicle which is required to be equipped with a third brake light but is not properly equipped can be fined up to $200 under 547.604(b) of the Texas Transportation Code. When rolling through a red light, the now-broken third brake light of the offending car is often cited as the cause for the collision, even when the driver who proceeded through the stop light had time to react and avoid the crash. The motorist can be charged with a red-light-running citation when the driver operating the car that fails to yield the right of way does not affix the third brake light required by 547.3215, resulting in the offending stopped vehicle being rear-ended at the stoplight. The law was created to avoid such situations. Law enforcement officers have the discretion to issue either a written warning or a traffic ticket, based on their observation of the behavior of the vehicle operator. Officers may consider whether the failure of the operator of the motor vehicle to comply with the specifications of Section 547.3215 was willful, careless, or reckless in the issuance of a ticket versus a warning in accordance with 543.001. Penalties for non-compliance and the issuance of written tickets are largely dependent on the officer’s discretion in a subjective legal standard which is not amenable to a brightline rule.

How to Make Sure Your Car is in Compliance

To ensure your vehicle complies with the third brake light law in Texas, you’ll need to perform basic inspections and maintenance regularly.
Conducting a basic inspection of your vehicle’s third brake light should become part of your routine vehicle maintenance. Because the third brake light sits at the very top of the rear windshield in many vehicles, you may not notice that it’s stopped working until you’re pulled over by a police officer. So, you should be checking it on a regular basis.
The easiest way to test your third brake light is to have someone stand behind the vehicle while you press the brake pedal. Although you can also test it yourself, it’s not a very safe practice to walk around your own vehicle with a heavy car behind you.
If your third brake light isn’t functioning properly, you can likely replace the bulb yourself. Check the owner’s manual that came with your vehicle originally to identify the type of bulb you’ll need. For the car’s make and model year , you may find a chart in the manual denoting the bulb size for you. If you’re unable to find the information, you can check with a local automotive store to find the right bulb. You can also check online with an automotive store as well. It always pays to shop around for the best price on a replacement bulb.
Depending on your vehicle, you may have to go through a complex process to access the third brake light and replace the bulb. One car door may need to be removed or the console housing the television system may need to be unscrewed in order to reach the third brake light. On some vehicles, you may need to remove a trim panel or even the back seat’s upper storage compartment.
Even if you’re technically able to make the replacement, you may want to have a professional mechanic or technician inspect your vehicle. A professional may be able to do the inspection and repairs even faster, and more importantly, ensure that your vehicle is safe to drive before you get back on the road.

Commonly Asked Questions Regarding the Law

It is not uncommon for questions to arise regarding the various vehicle light requirements in Texas. The following answers to frequently asked questions regarding the 90-Day 3rd Brake Light Law are provided to assist with compliance, and are based on both experience and the holding of the 5th Circuit Court of Appeals in Perez v. State, 10 F.4th 266 (5th Cir. 2021).
Who does the 90 Day 3rd Brake Light Law apply to?
The 90-Day 3rd Brake Light Law applies only to passenger cars and light trucks that are "newly manufactured" for the model year 2017, or later.
What is meant by "newly manufactured"?
The 90-Day 3rd Brake Light Law applies to passenger cars and light trucks whose manufacturing date is 2017 or later; and whose first sold date is 2018 or later.
Do all vehicles have to have a 3rd brake light within 90 days?
The law only applies to passenger cars and light trucks that are newly manufactured for the model year 2017, or later, like those specifically called out by the law and defined in the law as "newly manufactured 3rd brake light equipped passenger cars and light trucks." That means that any other passenger cars and light trucks that are not "newly manufactured 3rd brake light equipped passenger cars and light trucks" are completely exempt from the 90 day requirement. Specifically, if you feel out of the category of trucks or passenger cars in question, then you’re exempt from the new requirement entirely.
If it doesn’t include your car, can my car still be stopped for a 3rd brake light violation?
No . If your car does not fall within the definition of "newly manufactured 3rd brake light equipped passenger cars and light trucks," then the 90-Day 3rd Brake Light Law does not apply to you and you cannot be stopped for a 3rd brake light violation.
What about my trailer?
The 90 day 3rd Brake Light law only applies to passenger cars and light trucks as defined by Vehicle Code section 504.501. If the vehicle in question is a trailer, it would be considered to be exempt from this section of law and you cannot be stopped for a 3rd brake light violation.
Where can I find more information on this law, or where officers can go for more information?
There are two primary resources for officers to refer to regarding this law. First is the administrative rule section found in the New Car Order for the Law Enforcement Desk Book. Second is the actual text of the law. Our office has a copy of both, so please reach out if you need more information.
I hear people do not get cited for this law. Is it true?
That is not true. In order to issue a citation you must first by law be required to stop the vehicle, so technically if the car you stop isn’t affected by this law you should be able to cite them. However, there is no specific legislative intent for enforcement of this law once it began. In other words, because enforcement has been lax, they have not issued a lot of citations, if any at all. This does not mean it is not enforceable.