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Texas Motorcycle Laws

Chapter I

General Information

The

DPS Motorcycle Safety Unit

administers a statewide motorcycleoperator training and safety program. The Unit contracts with a variety of entities to provide

“

The Course for Motorcycle Riders

”

to all motorcyclists of Texas.The

Course for Motorcycle Riders

is taught at two levels, Basic andAdvanced. The 17-hour

Basic Course

, teaches new riders the basic skills of operating a motorcycle, the advantages of protective equipment, streetsurvival strategies, and most important, how to get out of dangeroussituations that cannot be avoided.In the eight-hour

Advanced Course

, experienced and licensed motorcyclistslearn about street survival strategies and traction control. They also perfecttheir skills in cornering, swerving, and braking.For more information on the course or locations, call:

DPS Motorcycle Safety Unit

512-424-2021 (in Austin)1-800-292-5787 (toll-free in Texas)e-mail:motorcycle.safety@txdps.state.tx.us

How to identify unsafe motorcycle helmets

’

s clear--helmets save lives. According to the National Highway TrafficSafety Administration, motorcycle riders who do not wear helmets are 40percent more likely to incur fatal head injuries than riders who do. From1984 through 1990, helmets saved the lives of more than 4,740motorcyclists. To help protect the lives of motorcycle riders, the USDepartment of Transportation (DOT) requires that all motorcycle helmetssold in the United States meet Federal Motor Vehicle Safety Standard(FMVSS) 218. Each year, DOT conducts compliance testing of a variety of motorcycle helmets to determine whether helmets being sold in the U.S.meet the federal safety standard. Because helmets add such a critical marginof safety for motorcycle riders, many states now have laws requiring the useof helmets that meet FMVSS 218 requirements. Increasingly though,motorcycle riders are violating these state laws by wearing cheap and unsafehelmets that do not meet FMVSS 218. Most of these helmets are sold asnovelty items by unscrupulous merchants to circumvent the FMVSS 218requirements. In some cases, people purchase these helmets in the mistakenbelief that they offer protection. However, many people who wear thesenovelty helmets know that they are unsafe--but wear them anyway. Thefollowing information will tell you how to spot these unsafe novelty helmetsand how to distinguish them from helmets that meet the federal safetystandard.

Here

’

s What to Check For:

DOT Sticker

Helmets that meet FMVSS 218 must have a sticker on the outside back of the helmet with the letters DOT, placed there certifying that the helmetmeets or exceeds FMVSS 218. It is important to note that some sellers of novelty helmets provide DOT stickers separately for motorcyclists to place onnoncomplying helmets. In this case, the DOT sticker is invalid and does notcertify compliance.The symbol

“

DOT

”

constitutes the manufacturer

’

s certification that thehelmet conforms to the applicable Federal Motor Vehicle Safety Standards.This symbol shall appear on the outer surface, in a color that contrasts withthe background, in letters at least 3/8 inch high, centered laterallyapproximately 1 1/4 inches from the bottom edge of the posterior portion of the helmet.An Interpretation Letter from the National Highway Traffic SafetyAdministration states the requirement that helmets be permanently labeledprohibits the use of labels that can be removed by hand, without tools orchemicals. Therefore, a sticker that falls off the helmet would not appear tobe in compliance within the meaning of Standard No. 218.

Snell or ANSI Sticker

In addition to the DOT sticker, labels located inside the helmet showing thata helmet meets the standards of private organizations like Snell or theAmerican National Standards Institute (ANSI) are a good indicator that thehelmet meets the federal safety standard. To date, we have never seen anovelty helmet that has a phony DOT sticker plus a phony Snell or ANSIsticker.

Manufacturer

’

s labelling

Manufacturers are required by FMVSS 218 to place a label on or inside thehelmet stating the manufacturer

’

s name, model, size, month and year of manufacture, construction materials, and owner information. A cheap helmetthat does not meet the federal safety standard usually does not have such alabel.

Thick Inner Liner

Helmets meeting the minimum federal safety standard have an inner liner--usually about one inch thick--of firm polystyrene foam. Sometimes the innerliner will not be visible, but you should still be able to feel its thickness.Unsafe helmets normally contain only soft foam padding or a bare plasticshell with no foam at all.

Sturdy Chin Strap and Rivets

Helmets meeting the DOT safety standard have sturdy chin straps with solidrivets.

Weight of Helmet

Depending on design, unsafe helmets weigh only one pound or less-helmetsmeeting FMVSS218 weigh about three pounds. Become familiar with theweight of helmets that comply with the federal safety standard. They feelmore substantial.

Design/Style of Helmet

The DOT safety standard does not allow anything to extend further than twotenths of an inch from the surface of a helmet. For example, while visorfasteners are allowed, a spike or other protruding decoration indicates anunsafe helmet.A design such as the German Army style or skullcap style may be a clue toan unsafe helmet. Unsafe helmets are noticeably smaller in diameter andthinner than one meeting the DOT standard. However, some German Armystyle helmets may meet federal requirements. You

’

ll need to check forweight, thickness, sturdy chin straps, as well as the "DOT" andmanufacturer

’

s labels to make sure the helmet meets the federal safetystandard.Try to become familiar with brand names and designs of helmets that complywith DOT requirements. For example, a full-face design is a good indicator of a safe helmet. We have never seen a full-face design novelty helmet.

Summary

Remember, a DOT sticker on the back of the helmet and proper insidelabelling do not necessarily prove that a helmet meets all DOT requirements.Many helmets have phony DOT stickers and a limited few also havemanufacturer

’

s labelling. But the design and weight of a helmet, thickness of the inner liner, and quality of the chin strap and rivets are extra clues to helpdistinguish safe helmets from noncomplying ones.For More Information Contact:

The National Highway Traffic Safety AdministrationSafety Countermeasures Division

NTS-23400 Seventh Street, SWWashington, DC 20590202-366-1739

Motorcycle Skills Test Waiver

The Department of Public Safety waives the riding skills test for somemotorcycle driver

’

s license applicants. To qualify for a waiver applicants musthave a current Class A, B, or C driver

’

s license, and successfully complete aDepartment of Public Safety Approved Basic Motorcycle Operator TrainingCourse.Those applicants who do not qualify for a riding test waiver, or who do notwish to attend a Basic Motorcycle Operator Training Course, must undergo athree step testing process to obtain a motorcycle driver

’

s license. The testsare a knowledge test, a vision test, and a riding skills test.The riding skills test requires that the applicant provide a motorcycle, apassenger vehicle, and a driver for the passenger vehicle. Both vehicles mustbe properly registered, insured, inspected, and pass an on-site safetyinspection.For more information about the skills test waiver please call MotorcycleSafety Unit toll free at 1-800-292-5787.

* * * * *

Chapter 2

VEHICLES AND EQUIPMENT

TEXAS TRANSPORTATION CODE

§502.005. REFUSAL TO REGISTER UNSAFE VEHICLE.§541.201. VEHICLES §545.416. RIDING ON MOTORCYCLE§547.323. STOPLAMPS REQUIRED§547.324. TURN SIGNAL LAMPS REQUIRED§547.383. LIGHTING REQUIREMENTS ON PARKED VEHICLES§547.404. PARKING BRAKES REQUIRED§547.408. PERFORMANCE REQUIREMENTS FOR BRAKES§547.501. AUDIBLE WARNING DEVICES§547.602. MIRRORS REQUIRED§547.604. MUFFLER REQUIRED§547.605. EMISSION SYSTEMS REQUIRED§547.801. LIGHTING EQUIPMENT§547.802. BRAKE EQUIPMENT§548.051. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION§548.104. EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE OF INSPECTION CERTIFICATE§548.255. ATTACHMENT OR PRODUCTION OF INSPECTION CERTIFICATE

* * * * *

TRC Ch. 502REGISTRATION OF VEHICLES

Subch. A. GENERAL PROVISIONS

* * * * *

TRC §502.005.REFUSAL TO REGISTER UNSAFE VEHICLE.

(b) The department may refuse to register a motorcycle and may suspend or revokethe registration of a motorcycle if the department determines that the motorcycle'sbraking system does not comply with Section 547.408.

* * * * *

TRC Ch. 541DEFINITIONS

* * * * *

Subch. C. VEHICLES, RAIL TRANSPORTATION, AND EQUIPMENT

* * * * *

TRC §541.201.

VEHICLES

In this subtitle:(8) "Moped" means a motor

driven cycle that cannot attain a speed in one mile of morethan 30 miles per hour and the engine of which:(A)cannot produce more than two

brake horsepower; and(B) if an internal combustion engine, has a piston displacement of 50 cubic centimetersor less and connects to a power drive system that does not require the operator to shiftgears.(9) "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with arider's saddle and designed to have when propelled not more than three wheels on theground.(10) "Motor

driven cycle" means a motorcycle equipped with a motor that has anengine piston displacement of 250 cubic centimeters or less. The term does notinclude an electric bicycle.

* * * * *

TRC Ch. 545OPERATION AND MOVEMENT OF VEHICLES

* * * * *

Subch. I. MISCELLANEOUS RULES

* * * * *

TRC §545.416.

RIDING ON MOTORCYCLE.

(a) An operator of a motorcycle shall ride on the permanent and regular seat attachedto the motorcycle.(b) An operator may not carry another person on the motorcycle, and a person who isnot operating the motorcycle may not ride on the motorcycle, unless the motorcycle isdesigned to carry more than one person.(c) If the motorcycle is designed to carry more than one person, a passenger may rideonly on the permanent and regular seat, if designed for two persons, or on anotherseat firmly attached to the motorcycle behind or to the side of the operator.

* * * * *

TRC Ch. 547VEHICLE EQUIPMENT

Subch. E. GENERAL LIGHTING REQUIREMENTS FOR VEHICLES

* * * * *

TRC §547.323.

STOPLAMPS REQUIRED

(c) A stoplamp shall be mounted on the rear of the vehicle.(d) A stoplamp shall emit a red or amber light, or a color between red and amber, thatis:(1) visible in normal sunlight at a distance of at least 300 feet from the rear of thevehicle; and(2) displayed when the vehicle service brake is applied.(f) A stoplamp may be included as a part of another rear lamp.

TRC §547.324.

TURN SIGNAL LAMPS REQUIRED.

(a)Except as provided by Subsection (b), a motor vehicle, trailer, semitrailer, or poletrailer shall be equipped with electric turn signal lamps that indicate the operator'sintent to turn by displaying flashing lights to the front and rear of a vehicle orcombination of vehicles and on that side of the vehicle or combination toward whichthe turn is to be made.(c) Turn signal lamps:(1) shall be mounted at the same level and spaced as widely apart as practicable onthe front and on the rear of the vehicle; and(2) may be included as a part of another lamp on the vehicle.(d) A turn signal lamp shall emit:(1) a white or amber light, or a color between white and amber, if the lamp is mountedon the front of the vehicle; or(2) a red or amber light, or a color between red and amber, if the lamp is mounted onthe rear of the vehicle.(e) A turn signal lamp must be visible in normal sunlight at a distance of:(1) at least 500 feet from the front and rear of the vehicle if the vehicle is at least 80inches wide; and(2) at least 300 feet from the front and rear of the vehicle if the vehicle is less than 80inches wide.

* * * * *

Subch. H. LIGHTING REQUIREMENTS IN SPECIAL CIRCUMSTANCES

* * * * *

TRC §547.383.

LIGHTING REQUIREMENTS ON PARKED VEHICLES.

(a) A vehicle, other than a motor

driven cycle, shall be equipped with at least onelamp, or a combination of lamps, that:(1) emits a white or amber light visible at a distance of 1,000 feet from the front and ared light visible at a distance of 1,000 feet from the rear; and(2) is mounted so that at least one lamp is installed as near as practicable to the sideof the vehicle that is closest to passing traffic.(b) A vehicle, other than a motor

driven cycle, that is parked or stopped on a roadwayor shoulder at a time specified in Section 547.302(a) shall display a lamp that complieswith Subsection (a).

* * * * *

Subch. I. PROVISIONS RELATING TO BRAKE REQUIREMENTS ON VEHICLES

* * * * *

TRC §547.404.

PARKING BRAKES REQUIRED.

(a) A vehicle required to have brakes by this subchapter, other than a motorcycle ormotor-driven cycle, shall be equipped with parking brakes adequate to hold the vehicle:(1) on any grade on which the vehicle is operated;(2) under all loading conditions; and(3) on a surface free from snow, ice, or loose material.

TRC §547.408.

PERFORMANCE REQUIREMENTS FOR BRAKES.

(a) A motor vehicle or combination of vehicles shall be equipped with service brakescapable of:(1) developing a braking force that is not less than:

* * * * *

(B) 43.5 percent of the gross weight of the vehicle for a vehicle other than a passengervehicle;(2) decelerating to a stop from 20 miles per hour or less at not less than:

* * * * *

(B) 14 feet per second per second for other vehicles; and(3) stopping from a speed of 20 miles per hour in a distance, measured from thelocation where the service brake pedal or control is activated, of not more than:

* * * * *

(B) 30 feet for a motorcycle, motor

driven cycle, or single unit vehicle with amanufacturer's gross vehicle weight rating of 10,000 pounds or less;

* * * * *

(b) A test for deceleration or stopping distance shall be performed on a dry, smooth,hard surface that:(1) is free of loose material; and(2) does not exceed plus or minus one percent grade.

* * * * *

Subch. J. PROVISIONS RELATING TO WARNING DEVICE REQUIREMENTS ONVEHICLES

TRC §547.501.

AUDIBLE WARNING DEVICES.

(a) A motor vehicle shall be equipped with a horn in good working condition that emitsa sound audible under normal conditions at a distance of at least 200 feet.(b) A vehicle may not be equipped with and a person may not use on a vehicle a siren,whistle, or bell unless the vehicle is:(1) a commercial vehicle that is equipped with a theft alarm signal device arranged sothat the device cannot be used as an ordinary warning signal; or(2) an authorized emergency vehicle that is equipped with a siren, whistle, or bell thatcomplies with Section 547.702.(c) A motor vehicle operator shall use a horn to provide audible warning only whennecessary to insure safe operation.(d) A warning device, including a horn, may not emit an unreasonably loud or harshsound or a whistle.

* * * * *

Subch. K. PROVISIONS RELATING TO OTHER VEHICLE EQUIPMENT

* * * * *

TRC §547.602.

MIRRORS REQUIRED.

A motor vehicle, including a motor vehicle used to tow another vehicle, shall beequipped with a mirror located to reflect to the operator a view of the highway for adistance of at least 200 feet from the rear of the vehicle.

TRC §547.604.

MUFFLER REQUIRED.

(a) A motor vehicle shall be equipped with a muffler in good working condition thatcontinually operates to prevent excessive or unusual noise.(b) A person may not use a muffler cutout, bypass, or similar device on a motorvehicle.

TRC §547.605.

EMISSION SYSTEMS REQUIRED.

(a) The engine and power mechanism of a motor vehicle shall be equipped andadjusted to prevent the escape of excessive smoke or fumes.(b) A motor vehicle or motor vehicle engine, of a model year after 1967, shall beequipped to prevent the discharge of crankcase emissions into the ambientatmosphere.(c) The owner or operator of a motor vehicle or motor vehicle engine, of a model yearafter 1967, that is equipped with an exhaust emission system:(1) shall maintain the system in good working condition;(2) shall use the system when the motor vehicle or motor vehicle engine is operated;and(3) may not remove the system or a part of the system or intentionally make thesystem inoperable in this state, unless the owner or operator removes the system orpart to install another system or part intended to be equally effective in reducingatmospheric emissions.

* * * * *

Subch. M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FORMOTORCYCLES AND MOTOR-DRIVEN CYCLES

* * * * *

TRC §547.801.

LIGHTING EQUIPMENT.

(a) A motorcycle, including a motor-driven cycle, shall be equipped with:(1) not more than two headlamps mounted at a height from 24 to 54 inches;(2) at least one taillamp mounted at a height from 20 to 72 inches;(3) a taillamp or separate lamp to illuminate the rear license plate that complies withthe requirements of Sections 547.322(f) and (g);(4) at least one stoplamp that complies with the requirements of Section 547.323(d);and(5) at least one rear red reflector that complies with the requirements of Section547.325(b) and may be included as a part of the taillamp.(b) A motorcycle, other than a motor

driven cycle, shall be equipped withmultiple

beam lighting equipment that produces:(1) an uppermost distribution of light that reveals a person or vehicle at a distance of atleast 300 feet ahead; and(2) a lowermost distribution of light that:(A) reveals a person or vehicle at a distance of at least 150 feet ahead; and(B) is aimed so that no part of the high

intensity portion of the beam on the motorcyclethat is on a straight and level road under any condition of loading projects into the eyesof an approaching vehicle operator.(c) A motor

driven cycle shall be equipped with:(1) multiple

beam lighting equipment that complies with the requirements ofSubsection (b); or(2) single

beam lighting equipment that:(A) emits light sufficient to reveal a person or vehicle:(i) at a distance of at least 100 feet when the cycle is operated at a speed less than 25miles per hour;(ii) at a distance of at least 200 feet when the cycle is operated at a speed of 25 milesper hour or more; and(iii) at a distance of at least 300 feet when the cycle is operated at a speed of 35 milesper hour or more; and(B) is aimed so that no part of the high

intensity portion of the beam from the lamp on aloaded cycle projects a beam higher than the level center of the lamp for a distance of25 feet ahead.(d) A motorcycle may not be operated at any time unless at least one headlamp on themotorcycle is illuminated. This subsection does not apply to a motorcyclemanufactured before the model year 1975.

TRC §547.802.

BRAKE EQUIPMENT.

(a) If a motorcycle, including a motor-driven cycle, complies with the performancerequirements of Section 547.408, brakes are not required on the wheel of a sidecarattached to the cycle.(b) If a motor

driven cycle complies with the performance standards of Section547.408, brakes are not required on the front wheel of the cycle.(c) The director may require an inspection of a motor

driven cycle braking system andmay disapprove a system that:(1) does not comply with the brake performance requirements in Section 547.408; or(2) is not designed or constructed to ensure reasonable and reliable performanceduring actual use.

* * * * *

TRC Ch. 548COMPULSORY INSPECTION OF VEHICLES

* * * * *

Subch. B. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION ANDREINSPECTION

* * * * *

TRC §548.051.

VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION.

(a) A motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in thisstate, must have the following items inspected at an inspection station or by aninspector:(1) tires;(2) wheel assembly;(3) safety guards or flaps, if required by Section 547.606;(4) brake system, including power brake unit;(5) steering system, including power steering;(6) lighting equipment;(7) horns and warning devices;(8) mirrors;(9) windshield wipers;(10) sunscreening devices, unless the vehicle is exempt from sunscreen devicerestrictions under Section 547.613;(11) front seat belts in vehicles on which seat belt anchorages were part of themanufacturer's original equipment;(12) tax decal, if required by Section 548.104(d)(1);(13) exhaust system;(14) exhaust emission system;(15) fuel tank cap, using pressurized testing equipment approved by department rule;and(16) emissions control equipment as designated by department rule.(b) A moped is subject to inspection in the same manner as a motorcycle, except thatthe only items of equipment required to be inspected are the brakes, headlamps, rearlamps, and reflectors, which must comply with the standards prescribed by Sections547.408 and 547.801.

* * * * *

Subch. C. PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OFINSPECTION CERTIFICATE

* * * * *

TRC §548.104.

EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE OF INSPECTIONCERTIFICATE.

* * * * *

(e) The department shall adopt rules relating to inspection of and issuance of aninspection certificate for a moped.

* * * * *

Subch. E. ISSUANCE, RECORDING, AND PROOF OF INSPECTIONCERTIFICATES AND VERIFICATION FORMS

* * * * *

TRC §548.255.

ATTACHMENT OR PRODUCTION OF INSPECTION CERTIFICATE.

(a) An inspection certificate shall be attached to or produced for a vehicle in themanner required by department rule.(b) The department shall:(1) require that a certificate for a motorcycle be attached to the rear of the motorcyclenear the license plate; and(2) adopt rules with respect to display of an inspection certificate for a moped.

* * * * *

Chapter 3

DRIVER LICENSE

TEXAS TRANSPORTATION CODE

§521.021. LICENSE REQUIRED§521.084. CLASS M LICENSE§521.085. TYPE OF VEHICLE AUTHORIZED§521.122. TYPE OF VEHICLE REQUIRED TO BE INDICATED ON LICENSE

Table of Contents

Chapter

●

1. General Information

●

2. Vehicles and Equipment

●

3. Driver License

●

4. Registration

●

5. Helmet

●

6. Motorcycle Safety Program

●

7. Miscellaneous Laws

●

8. Administrative Rules

Texas Motorcycle Laws

§521.166. MOTORCYCLE ROAD TEST REQUIREMENTS§521.221. IMPOSITION OF SPECIAL RESTRICTIONS AND ENDORSEMENTS. §521.224. RESTRICTED CLASS M LICENSE.§521.225. MOPED LICENSE.§521.226. CERTIFICATION.§521.227. INSPECTION BY PEACE OFFICER

* * * * *

TRC Ch. 521DRIVER'S LICENSES AND CERTIFICATES

* * * * *

Subch. B. GENERAL LICENSE REQUIREMENTS

* * * * *

TRC §521.021.LICENSE REQUIRED.

A person, other than a person expressly exempted under this chapter, may not operatea motor vehicle on a highway in this state unless the person holds a driver's licenseissued under this chapter.

* * * * *

Subch. D. CLASSIFICATION OF DRIVER'S LICENSES

* * * * *

TRC §521.084.CLASS M LICENSE.

A Class M driver's license authorizes the holder of the license to operate a motorcycleor moped.

TRC §521.085.TYPE OF VEHICLE AUTHORIZED.

Unless prohibited by Chapter 522, the license holder may operate any vehicle of thetype for which that class of license is issued and any lesser type of vehicle other than amotorcycle or moped.

* * * * *

Subch. F. APPEARANCE OF DRIVER'S LICENSE

* * * * *

TRC §521.122.

TYPE OF VEHICLE REQUIRED TO BE INDICATED ON LICENSE.

(a) The department shall show on each driver's license the general type of vehicle thatthe license holder is authorized to operate.(b) The department may include on the driver's license an authorization to operate amotorcycle or moped if the license holder has met all requirements for a Class Mlicense.

* * * * *

Subch. H. EXAMINATION REQUIREMENTS

* * * * *

TRC §521.166.

MOTORCYCLE ROAD TEST REQUIREMENTS.

(a)

An applicant required to submit to a motorcycle road test must provide apassenger vehicle and a licensed driver to convey the license examiner during theroad test.(b) The department may refuse to administer any part of the road test to an applicantwho fails to comply with Subsection (a).

* * * * *

Subch. K. RESTRICTED LICENSES

* * * * *

TRC §521.221.

IMPOSITION OF SPECIAL RESTRICTIONS AND ENDORSEMENTS.

(a) For good cause the department may impose a restriction or require anendorsement suitable to the driver's license holder's driving ability. The restriction orendorsement may relate to:(1) the type of motor vehicle that the holder may operate;(2) a special mechanical control device required on a motor vehicle that the holder mayoperate;(3) mechanical attachments, including glasses or an artificial limb, required on theperson of the holder;(4) an area, location, road, or highway in this state on which the holder is permitted todrive a motor vehicle;(5) the time of day that the holder is permitted to operate a motor vehicle; and(6) any other condition the department determines to be appropriate to ensure the safeoperation of a motor vehicle by the holder.(b) The department may issue a special restricted license or state the applicablerestriction on the regular license.(c) A person commits an offense if the person operates a motor vehicle in violation of arestriction imposed or without the endorsement required on the license issued to thatperson. An offense under this subsection is a misdemeanor punishable under Section521.461.(d) A court may dismiss a charge for a violation of this section if:(1) the restriction or endorsement was imposed:(A) because of a physical condition that was surgically or otherwise medicallycorrected before the date of the offense; or(B) in error and that fact is established by the defendant;(2) the department removes the restriction or endorsement before thedefendant's first court appearance; and(3) the defendant pays an administrative fee not to exceed $10.

TRC §521.224.

RESTRICTED CLASS M LICENSE.

(a) In this section, "motorcycle" includes a motor driven cycle.(b) The department may issue a special restricted Class M license that authorizes theholder to operate only a motorcycle that has not more than a 250 cubic centimeterpiston displacement.(c) A person is eligible for a restricted motorcycle license if the person:(1) is 15 years of age or older but under 18 years of age;(2) has completed and passed a motorcycle operator training course approved by thedepartment; and(3) has met the requirements imposed under Section 521.145.(d) The department shall make the motorcycle operator training course available.(e) On the 16th birthday of a holder of a special restricted Class M license, thedepartment shall remove the 250 cubic centimeter restriction from the license withoutcompletion by the holder of an additional motorcycle operator training course.(f) An applicant for the special restricted license must apply in accordance withSubchapter G. The applicant is subject to the requirements of Section 521.161 and toother provisions of this chapter in the same manner as an applicant for anotherlicense. The department shall prescribe the form of the license.

TRC §521.225.

MOPED LICENSE.

(a) A person may not operate a moped unless the person holds a driver's license. Anapplicant for a moped license must be 15 years of age or older.(b) The department shall administer to an applicant for a moped license a writtenexamination relating to the traffic laws applicable to the operation of mopeds. A testinvolving the operation of the vehicle is not required.(c) An applicable provision of this chapter relating to a restricted Class M licenseapplies also to a moped license, including a provision relating to the application,issuance, duration, suspension, cancellation, or revocation of that license.(d) The department shall certify whether a vehicle alleged to be a moped is a moped.The department shall:(1) by rule establish the procedure for determining whether a vehicle is a moped;(2) compile a list of mopeds certified by the department; and(3) make the list available to the public on request.

TRC §521.226.CERTIFICATION.

[*repealed by Acts 1999, 76th Leg., H.B. 1492, eff. 09-01-99.]

TRC §521.227.

INSPECTION BY PEACE OFFICER.

Any peace officer may stop and detain a motorcycle, motor driven cycle, or moped todetermine if the vehicle is of a model and make certified by the department.

* * * * *

Chapter 4

REGISTRATION

TEXAS TRANSPORTATION CODE

§502.160. FEE: MOTORCYCLE.§502.403. OPERATION OF VEHICLE UNDER IMPROPER REGISTRATION§502.404. OPERATION OF VEHICLE WITHOUT LICENSE PLATE OR REGISTRATION INSIGNIA§502.405. OPERATION OF MOTORCYCLE WITHOUT SEAL§502.408. OPERATION OF VEHICLE WITH WRONG LICENSE PLATE.§502.409. WRONG, FICTITIOUS, ALTERED, OR OBSCURED LICENSE PLATE§504.501. CLASSIC MOTOR VEHICLES.§504.502. CERTAIN EXHIBITION VEHICLES; OFFENSE

* * * * *

TRC Ch. 502REGISTRATION OF VEHICLES

Subch. D. REGISTRATION PROCEDURES AND FEES

* * * * *

TRC §502.160.

FEE: MOTORCYCLE.

The fee for a registration year for registration of a motorcycle is $30.

* * * * *

Subch. H. OFFENSES AND PENALTIES

* * * * *

TRC §502.403.

OPERATION OF VEHICLE UNDER IMPROPER REGISTRATION.

(a) A person commits an offense if the person operates on a public highway a motorvehicle registered for a class other than that to which the vehicle belongs.(b) An offense under this section is a misdemeanor punishable by a fine not to exceed$200.

TRC §502.404.

OPERATION OF VEHICLE WITHOUT LICENSE PLATE ORREGISTRATION INSIGNIA.

(c) A person commits an offense if the person operates on a public highway during aregistration period a road tractor, motorcycle, trailer, or semitrailer that does not displaya license plate, attached to the rear of the vehicle, that has been:(1) assigned by the department for the period; or(2) validated by a registration insignia issued by the department that establishes thatthe vehicle is registered for the period.

* * * * *

(e) An offense under this section is a misdemeanor punishable by a fine not to exceed$200.

* * * * *

TRC §502.405.

OPERATION OF MOTORCYCLE WITHOUT SEAL

(a)

A person commits an offense if the person operates, or as the owner permitsanother to operate, on a public highway during a registration period a motorcycle thatdoes not have attached a registration seal for the period.(b) An offense under this section is a misdemeanor punishable by a fine not to exceed$200.

* * * * *

TRC §502.408.

OPERATION OF VEHICLE WITH WRONG LICENSE PLATE

(a) A person commits an offense if the person operates, or as the owner permitsanother to operate, on a public highway a motor vehicle that has attached to it anumber plate or registration insignia issued for a different vehicle. An offense underthis subsection is a misdemeanor punishable by a fine not to exceed $200.(b), (c), & (d)*

[*repealed by Acts 1997, 75th Leg.]

TRC §502.409.

WRONG, FICTITIOUS, ALTERED, OR OBSCURED LICENSE PLATE.

(a) A person commits an offense if the person attaches to or displays on a motorvehicle a number plate or registration insignia that:(1) is assigned to a different motor vehicle;(2) is assigned to the vehicle under any other motor vehicle law other than by thedepartment;(3) is assigned for a registration period other than the registration period in effect;(4) is fictitious;(5) has blurring or reflective matter that significantly impairs the readability of thename of the state in which the vehicle is registered or the letters or numbers of thelicense plate number at any time ;(6) has an attached illuminated device or sticker, decal, emblem, or other insignia thatis not authorized by law and that interferes with the readability of the letters or numbersof the license plate number or the name of the state in which the vehicle is registered;or(7) has a coating, covering, protective material, or other apparatus that:(A) distorts angular visibility or detectability;(B) alters or obscures one-half or more of the name of the state in which the vehicleis registered; or(C) alters or obscures the letters or numbers of the license plate number or the colorof the plate.(b) Except as provided by Subsection (f), an offense under Subsection (a) is amisdemeanor punishable by a fine of not more than $200, unless it is shown at the trialof the offense that the owner knowingly altered or made illegible the letters, numbers,and other identification marks, in which case the offense is a Class B misdemeanor.

[double amendments to the same provision]

[as added by Acts 2007, 80th Leg., R.S., HB 1623]

A court may dismiss a charge brought under Subsection (a)(3), (5), (6), or (7) if thedefendant:(1) remedies the defect before the defendant's first court appearance; and(2) pays an administrative fee not to exceed $10.(c) *

*[as added by Acts 2007, 80th Leg., R.S., SB 369]

Subsection (a)(7) may not be construed to apply to:(1) a trailer hitch installed on a vehicle in a normal or customary manner;(2) a transponder, as defined by Section 228.057, that is attached to a vehicle in themanner required by the issuing authority;(3) a wheelchair lift or wheelchair carrier that is attached to a vehicle in a normal orcustomary manner;(4) a trailer being towed by a vehicle; or(5) a bicycle rack that is attached to a vehicle in a normal or customary manner.(d), & (e)*

[*repealed by Acts 1997, 75th Leg.]

(f) An offense under Subsection (a)(4) is a Class B misdemeanor.

* * * * *

TRC Ch. 504SPECIALTY LICENSE PLATES

Subch. F. SPECIALTY LICENSE PLATES FOR CERTAIN VEHICLES

* * * * *

TRC §504.501.

CLASSIC MOTOR VEHICLES.

(a) The department shall issue specialty license plates for a motor vehicle that is atleast 25 years old. The license plates must include the words "Classic Auto," "ClassicMotorcycle," or "Classic Truck" or a similar designation, as appropriate.(b) A person eligible for the license plates may instead use license plates that wereissued by this state in the same year as the model year of the vehicle and areapproved by the department. The department may require the attachment of aregistration insignia to the license plate in a manner that does not affect the display ofinformation originally on the license plate.(c) The fee for issuance or approval of license plates under this section is $15.

TRC §504.502.

CERTAIN EXHIBITION VEHICLES; OFFENSE.

(a) The department shall issue specialty license plates for a passenger car, truck,motorcycle, or former military vehicle that:(1) is at least 25 years old, if the vehicle is a passenger car, truck, or motorcycle;(2) is a collector's item;(3) is used exclusively for exhibitions, club activities, parades, and other functions ofpublic interest and is not used for regular transportation; and(4) does not carry advertising.(b) The license plates must include the words "Antique Auto," "Antique Truck,""Antique Motorcycle," or "Military Vehicle," as appropriate.(c) A person eligible for the license plates may instead use license plates issued bythis state in the same year as the model year of the vehicle and approved by thedepartment, provided that a passenger car must bear passenger car or truck licenseplates and a truck must bear passenger car or truck license plates. The departmentmay require attachment of a registration insignia to the license plate in a manner thatdoes not affect the display of information originally on the license plate.(d) License plates issued or approved under this section expire on the fifth anniversaryof the date of issuance or approval.(e) The fee for issuance or approval of license plates under this section is:(1) $10 for each year or portion of a year remaining in the five

year registration periodif the vehicle was manufactured in 1921 or later; or(2) $8 for each year or portion of a year remaining in the five

year registration period ifthe vehicle was manufactured before 1921.(f) The department may exempt a former military vehicle from the requirement todisplay a license plate or registration insignia if the exemption is necessary to maintainthe vehicle's accurate military markings. The department may approve an alternativeregistration insignia that is compatible with the vehicle's original markings.(g) A person entitled to specialty license plates or to department approval under thissection may register the vehicle without payment of any fees paid for or at the time ofregistration except the fee for the license plate. An owner of a vehicle registered underthis subsection who violates this section commits an offense. An offense under thissection is a misdemeanor punishable by a fine of not less than $5 or more than $200.(h) Notwithstanding any other provision of law, a vehicle issued license plates underSubsection (a) shall be required to attach and display only one license plate on therear of the vehicle.(i) In this section, "former military vehicle" means a vehicle, including a trailer,regardless of the vehicle's size, weight, or year of manufacture, that:(1) was manufactured for use in any country's military forces; and(2) is maintained to represent its military design and markings accurately.(j) It is an affirmative defense to prosecution of an offense under this section that at thetime of the offense the vehicle was enroute to or from a location for the purpose ofroutine maintenance of the vehicle.

* * * * *

Chapter 5

HELMET

TEXAS TRANSPORTATION CODE

§661.001. DEFINITIONS§661.002. DEPARTMENT TO PRESCRIBE MINIMUM SAFETY STANDARDS FOR PROTECTIVE HEADGEAR§661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE HEADGEAR§661.004. AUTHORITY OF PEACE OFFICER TO INSPECT PROTECTIVE HEADGEAR

* * * * *

TRC Ch. 661

PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS ANDPASSENGERS

TRC §661.001.DEFINITIONS.

In this chapter:(1) "Motorcycle" means a motor vehicle designed to propel itself with not more than threewheels in contact with the ground, and having a saddle for the use of the rider. The termdoes not include a tractor or a three

wheeled vehicle equipped with a cab, seat, and seatbelt and designed to contain the operator in the cab.(2) "Department" means the Department of Public Safety.

TRC §661.002.DEPARTMENT TO PRESCRIBE MINIMUM SAFETY STANDARDS FORPROTECTIVE HEADGEAR.

(a) To provide for the safety and welfare of motorcycle operators and passengers, thedepartment shall prescribe minimum safety standards for protective headgear used bymotorcyclists in this state.(b) The department may adopt any part or all of the American National Standards Institute'sstandards for protective headgear for vehicular users.(c) On request of a manufacturer of protective headgear, the department shall make thesafety standards prescribed by the department available to the manufacturer.

TRC §661.003.OFFENSES RELATING TO NOT WEARING PROTECTIVE HEADGEAR.

(a) A person commits an offense if the person:(1) operates or rides as a passenger on a motorcycle on a public street or highway; and(2) is not wearing protective headgear that meets safety standards adopted by thedepartment.(b) A person commits an offense if the person carries on a motorcycle on a public street orhighway a passenger who is not wearing protective headgear that meets safety standardsadopted by the department.(c) It is an exception to the application of Subsection (a) or (b) that at the time the offensewas committed, the person required to wear protective headgear was at least 21 years oldand had successfully completed a motorcycle operator training and safety course underChapter 662 or was covered by a health insurance plan providing the person with at least$10,000 in medical benefits for injuries incurred as a result of an accident while operating orriding on a motorcycle. A peace officer may not arrest a person or issue a citation to aperson for a violation of Subsection (a) or (b) if the person required to wear protectiveheadgear is at least 21 years of age and presents evidence sufficient to show that theperson required to wear protective headgear has successfully completed a motorcycleoperator training and safety course or is covered by a health insurance plan as described bythis subsection.(d) The department shall issue a sticker to a person who:(1) is at least 21 years old;(2) applies to the department on a form provided by the department;(3) provides the department with evidence satisfactory to the department showing that theperson:(A) is the owner of a motorcycle that is currently registered in this state; and(B) has successfully completed the training and safety course described by Subsection (c)or has the insurance coverage described by that subsection; and(4) pays a fee of $5 for the sticker.(e) A person may apply to the department for a sticker for each motorcycle owned by theapplicant.(f) A sticker issued by the department under Subsection (d) expires on the third anniversaryof the date of issuance.(g) A person operating or riding as a passenger on a motorcycle that displays on thelicense plate of the motorcycle or the license plate mounting bracket a sticker issued by thedepartment under Subsection (d) is presumed to have successfully completed the trainingand safety course described by Subsection (c) or to have the insurance coverage describedby that subsection.(h) An offense under this section is a misdemeanor punishable by a fine of not less than$10 or more than $50.(i) In this section, "health insurance plan" means an individual, group, blanket, or franchiseinsurance policy, insurance agreement, evidence of coverage, group hospital servicescontract, health maintenance organization membership, or employee benefit plan thatprovides benefits for health care services or for medical or surgical expenses incurred as aresult of an accident.

TRC §661.004.AUTHORITY OF PEACE OFFICER TO INSPECT PROTECTIVE HEADGEAR.

Any peace officer may stop and detain a person who is a motorcycle operator or passengerto inspect the person's protective headgear for compliance with the safety standardsprescribed by the department.* * * * *

Chapter 6

MOTORCYCLE SAFETY PROGRAMTEXAS TRANSPORTATION CODE

§662.001. DESIGNATED STATE AGENCY§662.002. PURPOSE OF PROGRAM; CURRICULUM§662.003. PROGRAM DIRECTOR§662.004. MOTORCYCLE SAFETY COORDINATOR§662.005. CONTRACTS§662.006. UNAUTHORIZED TRAINING PROHIBITED§662.007. FEE FOR COURSE§662.008. DENIAL, SUSPENSION, OR CANCELLATION OF APPROVAL§662.009. RULES.§662.010. NONAPPLICABILITY OF CERTAIN OTHER LAW§662.011. MOTORCYCLE EDUCATION FUND ACCOUNT§662.012. REPORTS

* * * * *

TRC Ch. 662MOTORCYCLE OPERATOR TRAINING AND SAFETY

* * * * *

TRC §662.001.DESIGNATED STATE AGENCY.

The governor shall designate a state agency to establish and administer a motorcycleoperator training and safety program.

TRC §662.002.

PURPOSE OF PROGRAM; CURRICULUM

(a)The purpose of the motorcycle operator training and safety program is:(1) to make available to motorcycle operators:(A) information relating to the operation of motorcycles; and(B) courses in knowledge, skills, and safety relating to the operation of motorcycles; and(2) to provide information to the public on sharing roadways with motorcycles.(b) The program shall include curricula developed by the Motorcycle Safety Foundation.

TRC §662.003.PROGRAM DIRECTOR.

The designated state agency shall employ as program director a person who is certified asa chief instructor by the Motorcycle Safety Foundation.

TRC §662.004.MOTORCYCLE SAFETY COORDINATOR.

(a) The designated state agency shall employ a motorcycle safety coordinator.(b) The coordinator shall supervise the motorcycle operator training and safety program andshall determine:(1) locations at which courses will be provided;(2) fees for the courses;(3) qualifications for instructors;(4) instructor certification requirements; and(5) eligibility requirements for program sponsors.(c) The program must include instructor certification requirements developed by theMotorcycle Safety Foundation.

TRC §662.005.CONTRACTS.

The designated state agency may license or contract with qualified persons to administer oroperate the motorcycle operator training and safety program.

TRC §662.006.UNAUTHORIZED TRAINING PROHIBITED.

A person may not offer training in motorcycle operation for a consideration unless theperson is licensed by or contracts with the designated state agency.

TRC §662.007.FEE FOR COURSE

A person may charge, for a course under the motorcycle operator training and safetyprogram, a fee that is reasonably related to the costs of administering the course.

TRC §662.008.DENIAL, SUSPENSION, OR CANCELLATION OF APPROVAL.

(a) The designated state agency may deny, suspend, or cancel its approval for a programsponsor to conduct or for an instructor to teach a course offered under this chapter if theapplicant, instructor, or sponsor:(1) does not satisfy the requirements established under this chapter to receive or retainapproval;(2) permits fraud or engages in a fraudulent practice with reference to an application to theagency;(3) induces or countenances fraud or a fraudulent practice by a person applying for adriver's license or permit;(4) permits fraud or engages in a fraudulent practice in an action between the applicant orlicense holder and the public; or(5) fails to comply with rules of the state agency.(b) Before the designated state agency may deny, suspend, or cancel the approval of aprogram sponsor or an instructor, notice and opportunity for a hearing must be given asprovided by: (1) Chapter 2001, Government Code; and (2) Chapter 53, Occupations Code.

TRC §662.009.RULES.

The designated state agency may adopt rules to administer this chapter.

TRC §662.010.

http://www.txdps.state.tx.us/msb/txmlawsnew.htm (2 of 4) [3/6/2008 12:00:57 PM]

Texas Motorcycle Laws

NONAPPLICABILITY OF CERTAIN OTHER LAW.

Chapter 332, Acts of the 60th Legislature, Regular Session, 1967 (Article 4413(29c),Vernon's Texas Civil Statutes), does not apply to training offered under this chapter.

TRC §662.011.MOTORCYCLE EDUCATION FUND ACCOUNT.

(a) Of each fee collected under Sections 521.421(b) and (f), Sections 522.029(f) and (g),and Sections 661.003(d), the Department of Public Safety shall send $5 to the comptrollerfor deposit to the credit of the motorcycle education fund account.(b) Money deposited to the credit of the motorcycle education fund account may be usedonly to defray the cost of administering the motorcycle operator training and safety program.(c) The comptroller shall report to the governor and legislature not later than the firstMonday in November of each even

numbered year on the condition of the account. Thereport must contain:(1) a statement of the amount of money deposited to the credit of the account for the year;(2) a statement of the amount of money disbursed by the comptroller from the account forthe year;(3) a statement of the balance of money in the account;(4) a list of persons and entities that have received money from the account, includinginformation for each person or entity that shows the amount of money received; and(5) a statement of any significant problems encountered in administering the account, withrecommendations for their solution.

TRC §662.012.REPORTS

(a) The designated state agency shall require each provider of a motorcycle operatortraining and safety program to compile and forward to the agency each month a report onthe provider's programs. The report must include:(1) the number and types of courses provided in the reporting period;(2) the number of persons who took each course in the reporting period;(3) the number of instructors available to provide training under the provider's program inthe reporting period;(4) information collected by surveying persons taking each course as to the length of anywaiting period the person experienced before being able to enroll in the course;(5) the number of persons on a waiting list for a course at the end of the reporting period;and(6) any other information the agency reasonably requires.(b) The designated state agency shall maintain a compilation of the reports submittedunder Subsection (a) on a by

site basis. The agency shall update the compilation as soonas practicable after the beginning of each month.(c) The designated state agency shall provide without charge a copy of the most recentcompilation under Subsection (b) to any member of the legislature on request.

* * * * *

Chapter 7

MISCELLANEOUS LAWSTEXAS TRANSPORTATION CODE

§525.001. MOTORCYCLE AND BICYCLE AWARENESS§680.011. DEFINITIONS§680.012. TOLL FOR MOTORCYCLE§680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE

* * * * *

TRC Ch. 525MOTORCYCLE AND BICYCLE AWARENESS

TRC §525.001.MOTORCYCLE AND BICYCLE AWARENESS.

(a) In this section, "motorcycle" has the meaning assigned that term by Section 502.001,and includes a motorcycle equipped with a sidecar.(b) The Department of Public Safety shall include motorcycle and bicycle awarenessinformation in any edition of the Texas driver's handbook published after the departmentexhausts the supply of the handbook that the department had on September 1, 1993.* * * * *

TRC Ch. 680MISCELLANEOUS PROVISIONS

* * * * *

Subch. B. TOLLS FOR MOTORCYCLE; USE OF PREFERENTIAL LANE BYMOTORCYCLE

* * * * *

TRC §680.011.DEFINITIONS.

In this subchapter:(1) "Motorcycle" has the meaning assigned by Section 502.001 and includes a motorcycleequipped with a sidecar.(2) "Preferential lane" means a traffic lane on a street or highway where motor vehicleusage is limited to:(A) buses;(B) vehicles occupied by a minimum number of persons; or(C) car pool vehicles.

TRC §680.012.TOLL FOR MOTORCYCLE.

A person who operates a toll road, toll bridge, or turnpike may not impose a toll for theoperation of a motorcycle on the road, bridge, or turnpike that is greater than the tollimposed for the operation of a passenger car on the road, bridge, or turnpike.

TRC §680.013.USE OF PREFERENTIAL LANE BY MOTORCYCLE.

A motorcycle may be operated in a preferential lane that is not closed to all vehicular traffic.* * * * *

Chapter 8Administrative RulesTITLE 37, TEXAS ADMINISTRATIVE RULES

(current with Texas Administrative Rules adopted through July 2007)

§21.2. Motorcycle Operator and Passengers Protective Headgear Minimum Safety Standards. §21.3. Certification of Certain Vehicles.§31.1 DEFINITIONS.§31.2 CONTRACTED MOTORCYCLE OPERATOR TRAINING SITE SPONSER§31.3 Standard motorcycle RIDERCOACH.§31.4 Student admission requirements.§31.5 Verification of standard motorcycle operator training course completion.§31.6 Approved standard motorcycle operator training courses.§31.7 Motorcycle requirements.§31.8 Notice and hearing requirements.§31.9 Suspension.§31.10. Technical Assistance Visits.§31.11 Notification of legal action.§31.12 Licensed motorcycle operator training sponsor.

* * * * *

Ch 21.EQUIPMENT AND VEHICLE STANDARDS

§21.2.Motorcycle Operator and Passengers Protective Headgear MinimumSafety Standards And Exemption for Motorcycle Protective Headgear.

(a) Minimum safety standards. The Federal Motor Vehicle Safety Standard Number 218,motorcycle helmets, and all amendments thereto, is adopted by the department as theminimum standard for motorcycle helmets sold for and worn by motorcycle operators andpassengers on public roadways in Texas.(b) Motorcycle helmet exemption. Persons 21 years old or older are exempt from wearing amotorcycle helmet if they:(1) have successfully completed a motorcycle operator training course as approved underTexas Transportation Code, Ch. 662; or,(2) are covered by a health insurance plan providing the person with at least $10,000 inmedical benefits for injuries incurred as a result of an accident while operating or ridingupon a motorcycle.(c) Motorcycle operator training course. A motorcycle operator training course is defined asbeing a basic or advanced motorcycle operator training course approved by the departmentand meeting or exceeding the educational standards of the Motorcycle Safety Foundation.(1) The department

approved advanced motorcycle operator training course is the minimumrequirement for licensed motorcyclists with their own motorcycle and protective equipment.The basic motorcycle operator training course approved by the department in the samereference is acceptable.(2) The department

approved basic motorcycle operator training course is required for newor inexperienced motorcyclists, persons without a valid motorcycle driver license or personswithout their own motorcycle or protective equipment.(d) Proof of successful completion. Proof of successful completion of adepartment

approved motorcycle operator training course is a motorcycle operator trainingcourse completion card, MSB

8, annotated for the basic or advanced motorcycle operatortraining course, as applicable. A completion card from another state or military baseindicating that the course attended meets or exceeds the educational standards of theMotorcycle Safety Foundation is acceptable.(e) Health insurance plan. A health insurance plan is defined as an individual, group,blanket, or franchise insurance policy, insurance agreement, group hospital servicescontract, health maintenance organization membership, or employee benefit plan thatprovides benefits for health care services or for medical or surgical expenses incurred as aresult of an accident.(f) Proof of compliance. Proof of compliance with the health insurance coveragerequirements is considered to be demonstrated by a copy of the insurance card orcertificate issued by an insurance company or individual/organization as cited in subsection(e) of this section indicating that the person has the appropriate insurance. If the medicalinsurance is a Personal Injury Protection (PIP) additive to the motorcycle's insurance policy,a copy of the policy declaration page showing the coverage, is required. The insurance cardor certificate must include, as a minimum:(1) the name of the insurer;(2) the insurance policy number; and(3) the policy period.(g) Sticker issue. The department will issue a helmet exemption sticker to all personsmeeting the criteria outlined in subsections (a) - (f) of this section. A helmet exemptionsticker:(1) when placed on the bottom

center portion of the motorcycle license plate or on thelicense plate mounting bracket, indicates that the person operating or riding upon themotorcycle is presumed to have met the motorcycle operator training or medical insurancerequirements; and(2) may not be transferred from one motorcycle to another.(h) Helmet exemption sticker. To receive a helmet exemption sticker, the person must:(1) Complete a department

provided application for Helmet Exemption Sticker.(2) Mail the completed application with the appropriate proof of course completion ormedical insurance coverage with a nonrefundable cashier's check or money order for $5.00,to the address on the application. Do not send cash.(3) Helmet exemption stickers are specific to the registered motorcycle it was issued for.Persons may apply for a helmet exemption sticker for each registered motorcycle they own.An application, including proof of course completion or insurance coverage and applicationfee, is required for each motorcycle for which a helmet exemption sticker is desired.(i) Application rejection. The department shall reject any application that does not containsufficient information (i.e., personal, vehicle or insurance information) or does not include acopy of the appropriate course completion card and/or proof of insurance or the applicationfee. If the application for a helmet exemption sticker is rejected, the department will returnthe application, less the fee, to the applicant with a letter explaining the rejection. Theapplicant may, at their discretion, reapply for the helmet exemption sticker. Whenreapplying, the applicant must provide all information and fees required in subsection (h)(2)of this section, with the application.

§21.3.Certification of Certain Vehicles

(a) Certification required. Motorcycles, and motor

driven cycles whose engine pistondisplacement does not exceed 125 cubic centimeters and mopeds will be certified by thedepartment.(b) Certification procedures. Any person, firm, or corporation desiring certification shallsubmit to the department a properly attested verification affidavit form, DL

48, which will befurnished upon request.(c) List of certified vehicles. The department will furnish upon request a list of certifiedmakes and models to the public.(d) Cancellation or suspension of certification certificate. If, at any time, it is discovered thatany certified vehicle does not comply with the required specifications, the department willcancel the certificate of certification covering said make and model; provided that themanufacturer is entitled to 30 days' notice of such proposed cancellation of certificate duringwhich time he shall have an opportunity to submit proof that the make and model number inquestion does in fact comply with these specifications.

* * * * *

Ch 31.STANDARDS FOR AN APPROVED MOTORCYCLE OPERATOR TRAININGCOURSE

§31.1DEFINITIONS

The following words and terms when used in this chapter have the following meaningsunless the context indicates otherwise.(1) Advanced Motorcycle Operator Training Course--A course of instruction, based on acurriculum developed by the Motorcycle Safety Foundation, designed to provideexperienced motorcyclists with additional skills and knowledge found to be lacking inaccident-involved motorcyclists. Satisfactory completion of this course is signified by theissuance of a Texas Department of Public Safety standardized Motorcycle OperatorTraining Course Completion Card, MSB-8.(2) Basic Motorcycle Operator Training Course--A course of instruction, based on acurriculum developed by the Motorcycle Safety Foundation, designed to teach new orinexperienced motorcyclists basic riding skills and defensive street riding strategies.Satisfactory completion of this course is signified by the issuance of a Texas Department ofPublic Safety standardized Motorcycle Operator Training Course Completion Card, MSB-8.(3) Contract Applicant--A person applying for a contract from the department to providestandard motorcycle operator training courses.(4) Contracted Motorcycle Operator Training Site--An appropriate and safe place wherestandard motorcycle operator training is conducted by a contracted motorcycle operatortraining sponsor.(5) Department--Texas Department of Public Safety. The department is the state agencydesignated by the governor to establish and administer the motorcycle operator training andsafety program.(6) License Applicant--A person applying for a license from the department to providespecialized motorcycle operator training.(7) Licensed Motorcycle Operator Training Site--An appropriate and safe place wherespecialized motorcycle operator training is conducted by a licensed specialized motorcycleoperator training sponsor.(8) Mobile Site Sponsor--A public or private entity bound by contract to locally administer themotorcycle operator training program in locations serviced by the department's mobiletraining unit. The department provides the course equipment, material, and instructionalstaff. In its role as a mobile site sponsor, this entity is not an agent, servant, or employee ofthe department or the state of Texas.(9) Motorcycle Operator Training and Safety Program--The motorcycle operator training andsafety program makes information and courses in knowledge, skills, and safety relating tothe operation of motorcycles available to all motorcycle operators in this state. It alsoprovides information to the general public on sharing the roadway with motorcycles.(10) Motorcycle Safety Unit--An administrative unit within the department assigned with theresponsibility for establishing and administering the motorcycle operator training and safetyprogram.(11) Motorcycle Safety Foundation (MSF)--A national, nonprofit organization whose purposeis to improve the safety of motorcyclists on the nation's streets and highways. The MSFprovides programs in rider education, licensing improvement, public information, andresearch.(12) Specialized Motorcycle Instructor/Trainer--An individual who has established sufficientcredibility in teaching a form of specialized motorcycle operator training, and teaches suchcourses through a licensed motorcycle operator training site. This individual, unless directlyemployed by the department as a specialized motorcycle safety instructor, is not an agent,servant, or employee of the department or state of Texas.(13) Specialized Motorcycle Operator Training Courses--Courses designed to teachknowledge and skills not addressed, or only lightly addressed, in standard motorcycleoperator training courses, but considered by the department to be beneficial to public safety.These courses may include, but are not limited to, teaching the operation of trikes (i.e. threewheeled motorcycles), sidecar rigs, towing trailers behind motorcycles, trikes, or sidecarrigs, higher speed street skills taught on race tracks, or courses offered by a particularmotorcycle manufacturer. Motorcycle courses taught by law enforcement agencies to lawenforcement officers are exempt from licensing under this definition.(14) Sponsor--A public or private entity contracted or licensed by the department to providemotorcycle operator training. In its role as a motorcycle operator training sponsor, this entityis not an agent, servant, or employee of the department or the state of Texas.(15) Standard Motorcycle RiderCoach--An individual certified and approved to teach thestandard motorcycle operator training courses in Texas through contracted motorcycleoperator training sites. This individual must meet the requirements set forth in §31.3 of thistitle (relating to Standard Motorcycle RiderCoach. This individual, unless directly employedby the department as a motorcycle safety instructor, is not an agent, servant, or employeeof the department or the state of Texas.(16) Standard Motorcycle Operator Training Courses--Basic or advanced courses, ormotorcycle safety RiderCoach preparation courses, based on Motorcycle Safety Foundationcurricula. These courses may not include information specific to any particular motorcyclebrand, manufacturer, distributor, or dealership. These courses are offered by entitiescontracted to the Department of Public Safety and if satisfactorily completed, earn studentsthe standardized Motorcycle Operator Training Course Completion Card, MSB-8, requiredfor minors to obtain a motorcycle license, or to waive the state's skill test for a motorcyclelicense.

§31.2CONTRACTED MOTORCYCLE OPERATOR TRAINING SITE SPONSER

(a) person may not offer training in motorcycle operation for a consideration unless theperson is licensed by, or contracts with the department. Approval for a contract will bedenied unless a sponsor applicant meets the following requirements. The applicant mustdemonstrate the capacity to register students, collect and account for tuition and statereimbursements as appropriate, arrange public notice of courses, provide requiredinsurance coverage and make all necessary insurance premium payments, submit andmaintain all required records, and contract with, schedule, and compensate approvedinstructors as appropriate. All contract applicants:(1) must have access to a riding area for on-cycle training that is:(A) a paved surface, including asphalt, concrete, or other all weather surface of suitabletraction; and(B) large enough to safely accommodate any motorcycle training range approved by thedepartment, as flat as possible, secure from vehicular and pedestrian traffic, and free ofsurface hazards and obstacles;(2) permanent sites must also have access to:(A) a secure storage area to physically and environmentally protect training motorcycles andother course equipment;(B) a classroom, not located in a private residence, that is large enough to seat all studentsand RiderCoaches comfortably and that contains at least one adequate desk or equivalentseating and writing surface for each student, and at least one instructor's desk, table, orpodium;(C) audiovisual presentation equipment for the classroom, including a chalkboard orequivalent; and(D) a first aid kit and at least one five-pound Class ABC fire extinguisher, or equivalent, forthe riding area.(b) The department may deny, suspend, or cancel its approval for a program sponsor toconduct a course or for a RiderCoach to teach courses offered under this section if theapplicant, sponsor, or RiderCoach does not satisfy the requirements of subsection (a) of thissection;(1) is convicted under the laws of this state, another state, or the United States, of anyfelony or offense involving moral turpitude, tampering with a governmental record, drivingwhile intoxicated, or driving under the influence of drugs, or an offense committed as aresult of the person's criminally negligent operation of a motor vehicle.(A) these particular crimes relate to conducting and teaching courses because the sponsorand RiderCoaches are required to be of good reputation, character, and moral conduct, todeal honestly with members of the public, keep records on behalf of the department, and torecognize the importance of, encourage, and practice safe driving and riding techniques.(B) a conviction for an offense other than a felony will not be considered by the department,under this subsection, if a period of more than five years has elapsed since the date of theconviction or of the release of the person from the confinement or supervision imposed forthat conviction, whichever is the later date.(C) for the purposes of this section, a person is convicted of an offense when anadjudication of guilt on an offense is entered against the person by a court of competent jurisdiction, whether or not the sentence is subsequently probated and the person isdischarged from probation;(2) cannot provide sufficient information and documentation to enable the department toevaluate or reevaluate the applicant's request for approval;(3) knowingly presents or allows to be presented to the department any false or misleadinginformation relating to a request for approval;(4) permits or engages in any fraud or fraudulent practice concerning an application or, inany action between the applicant or licensee and the public, induces or countenances anyfraud or fraudulent practice on the part of an applicant for a driver's license or permit;(5) knowingly or recklessly disregards or fails to comply with any departmental rule, writtenpolicy, or written procedure regarding the motorcycle operator training program; or(6) knowingly allows RiderCoach to give, or a student to receive, classroom or ridinginstruction if either exhibits any evidence of or effects from an alcoholic beverage, controlledsubstance, or drug as defined in Texas Penal Code, §49.01 et seq.(c) In determining the present fitness of a person who has been convicted of a crime and indetermining whether a criminal conviction directly related to an occupation, the departmentshall consider those factors stated in Occupations Code, Chapter 53.(d) The department may construe any probation or conviction which is for a criminal offensearising from a penal provision from another state, federal, military, or foreign jurisdiction tobe its closest equivalent under the penal provisions of this state.(e) The department may cancel its approval if:(1) it was based on false or incorrect information or mistake, such as clerical or othernonsubstantive errors by either party; or(2) if the discrepancy causing the suspension under these administrative rules has not beencorrected within the time limit prescribed by a suspension; or(3) any offense involving tampering with a government record or driving while intoxicatedwhere the offense occurred within the previous five years.(f) Each sponsor must designate a program administrator to be responsible for signingcontracts with the department, instructors, or students and for signing any forms required ofthe sponsor. The program administrator must also be designated by the sponsor to be thecustodian of all records, which shall be kept for a period of at least three years from the dateof the final performance report under the contract.(g) If the sponsor is an organization, that organization shall designate one of its members asthe chief school official. If the sponsor is an individual, that person shall also be the programadministrator.(h) The control of the sponsor is considered to have changed:(1) in the case of sole proprietorship, when more than 50% of the controlling interest hasbeen sold or transferred;(2) in the case of a partnership or a corporation, when more than 50% of the controllinginterest has been sold or transferred; or(3) when the board of directors, officers, shareholders, or similar governing body has beenchanged to such an extent as to significantly alter the management and control of thesponsor.(i) When control of the sponsor has changed, as outlined in subsection (g) of this section,the sponsor must notify the department. The contract will then be canceled andrenegotiated through the appropriate rules and regulations.

§31.3Standard motorcycle RIDERCOACH

(a) A person may not instruct or offer instruction in motorcycle operation to the public for aconsideration without authorization from the department. To qualify for authorization, aRiderCoach must be approved by the department. The department may deny approvalunless a RiderCoach applicant meets the following requirements. The applicant must agreeto teach the training courses in accordance with the department's rules, policies,procedures, and approved curricula and must:(1) hold a current national certification from the Motorcycle Safety Foundation (MSF);(2) be a high school graduate or possess a valid GED;(3) possess a current, valid Texas motorcycle license or an equivalent license from theapplicant

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s state of residence;(4) be a licensed driver for at least five years;(5) meet the current driving record evaluation standards established by the TexasDepartment of Public Safety for school bus drivers pursuant to Texas Transportation Code,Section 521.022 by supplying a certified copy of an out-of-state driving history if requested;(6) be free from addiction to alcoholic beverages or drugs; and(7) be physically competent to conduct classroom and on-cycle instruction, includingtechnically correct riding demonstrations.(b) An applicant for approval to instruct an advanced motorcycle operator training coursemust meet all the requirements to instruct as identified in subsection (a) of this section, plusattend a department-approved curriculum update, and be able to perform technically correctriding demonstrations on his or her personal motorcycle.(c) The department may deny or suspend its approval if the instructor fails to meet orcontinue to meet the requirements of subsections (a) and (b) of this section or if theinstructor, as an individual, fails to meet or continue to meet the requirements of §31.2(b) ofthis title (relating to Contracted Motorcycle Operator Training Site Sponsor).(d) The department may cancel its approval if:(1) it was based on false or incorrect information or mistake; or(2) the discrepancy causing the suspension under Section 31.2 of this title (relating toContracted Motorcycle Operator Training Site Sponsor), Section 31.3 of this title (relating toStandard Motorcycle RiderCoach), Section 31.4 of this title (relating to Student AdmissionRequirements), Section 31.5 of this title (relating to Verification of Standard MotorcycleOperator Training Course Completion), Section 31.6 of this title (relating to ApprovedStandard Motorcycle Operator Training Courses), and Section 31.7 of this title (relating toMotorcycle Requirements) has not been corrected within the time limit prescribed by asuspension.(e) A RiderCoach approved by the department may teach both the classroom and on-cyclephases of the courses for which the approval was granted.(f) RiderCoaches approved by the department may not:(1) give instructions or allow a student to receive instruction in motorcycle safety if either theRiderCoach or student is using or exhibits any evidence of effect from an alcoholicbeverage, controlled substance, or drug as defined in Texas Penal Code, Section 49.01 etseq.; or(2) complete, issue, or validate a certificate of course completion to a person who has notsuccessfully completed the course. A period of absence for any portion of scheduled courseinstruction will require that student repeat that portion of instruction prior to issuance of thecertificate of completion.

§31.4student admission requirements

(a) Basic motorcycle operator training courses are open to any person who is:(1) physically and mentally capable of being licensed in Texas as a motorcycle operator;and(2) at least 15 years old on the day the course begins.(b) A person who is 15 years old but is less than 18 years old may not enroll into a basicmotorcycle operator training course unless he or she has a Class C instructional permit oran unrestricted Class C, or higher, driver license.(c) The advanced motorcycle operator training course is restricted to individuals with acurrent motorcycle (Class M) driver's license. Each student must provide his or her ownmotorcycle that meets the requirements of §31.7 of this title (relating to MotorcycleRequirements).

§31.5Verification of standard motorcycle operator training course completion

(a) The sponsor will issue a Standardized Motorcycle Operator Training Course CompletionCard, MSB-8 to all students who have successfully completed the Department-ApprovedBasic or Advanced Motorcycle Operator Training Course as outlined in §31.6 of this title(relating to Approved Standard Motorcycle Operator Training Courses).(1) The MSB-8 indicating completion of the department-approved Basic MotorcycleOperator Training Course, is issued to verify:(A) that a student age 15 or over, has met the educational training requirements for amotorcycle driver's license.(B) that a student has successfully completed the training requirements to qualify for amotorcycle driver's license skills test waiver, providing the student already has anunrestricted Class A, B, or C driver's license.(2) An MSB-8, indicating completion of the department-approved Advanced MotorcycleOperator Training Course, will be issued by the course sponsor to every student completingthe approved advanced motorcycle operator training course.(b) The department will accept only an original signature of the instructor or designatedschool official on form MSB-8.

§31.6approved standard motorcycle operator training courses

(a) Except as modified by subsection (c) of this section, the department adopts theeducational, safety, and RiderCoach standards, by reference, of the most current versionsof the following Motorcycle Safety Foundation (MSF) courses:(1) the approved basic motorcycle operator training course is the MSF Basic RiderCourse;(2) the approved advanced motorcycle operator training course is the ExperiencedRiderCourse Skills Plus (ERC) element of the MSF Experienced RiderCourse Suites; and(3) the approved RiderCoach preparation course is the MSF RiderCourse PreparationCourse curriculum.(b) Approved course curricula are available for inspection at the department's Austinheadquarters.(c) In addition to these curricula requirements, the minimum standards for motorcycleoperator training courses include the following:(1) The student to instructor ratio for the basic and advanced course classroom instructionmay not exceed 36 students per instructor.(2) The student to RiderCoach ratio for on-cycle instruction may not exceed six students perinstructor until the instructor has taught more than six courses. Once this has occurred andthe RiderCoach has requested in writing and received written permission from thedepartment, they may teach up to eight students alone. In no case will there be more than12 students on the range at any given time.(3) The department may change these ratios on a case-by-case basis when such change is justified after considering the available facilities, the safety of the students and RiderCoach(s), and the efficient conduct of the course.(4) A separate motorcycle must be available for each individual student during all on-cycleinstruction.(d) All participants and RiderCoaches must wear protective gear when participating in theon-cycle portion of the course. The minimum protective gear is as follows:(1) a motorcycle helmet that meets Department of Transportation standards;(2) eye protection;(3) over-the-ankle, sturdy footwear (not cloth, canvas, etc.);(4) long-sleeved shirt or jacket;(5) long, non-flare denim pants or equivalent; and(6) full-fingered gloves, preferably leather.

§31.7motorcycle requirements

(a) A motorcycle must be rejected for use by the RiderCoach(s) if it fails to meet therequirements of this section or if, in the discretion of the RiderCoach, the motorcycle isunsafe or inappropriate for the rider, a RiderCoach, another student, or any other personpermitted in the riding area. A motorcycle may be deemed unsafe because of modification,damage, lack of maintenance, nonstandard configuration, or any other substantial safetyreason.(b) Student-owned motorcycles used in the basic or advanced motorcycle operator trainingcourses may be a moped, motor-driven cycle or motorcycle of any engine displacement,seat height or weight and must:(1) meet all the requirements for operation on public highways;(2) have proof of adequate insurance coverage available for inspection by the leadRiderCoach; and(3) pass a safety inspection conducted by the RiderCoach.(c) A student may use a borrowed motorcycle if the student can show written permissionfrom the owner to use the motorcycle in the course and if it meets the requirements ofparagraphs (1), (2), and (3) of subsection (b).(d) A student electing to use a personal or borrowed motorcycle in the basic motorcycleoperator training course must sign a waiver form stating that they accept all liability fordamages caused by, or to the vehicle.(e) A motorcycle provided by a sponsor for use in the basic motorcycle operator trainingcourse must meet a minimum of two of the following criteria based on the originalequipment manufacturer's specifications without modifications:(1) an engine displacement of 500cc or less;(2) an unladened weight of 400 pounds or less; or,(3) a seat height of 30 inches or less.(f) Sponsors may not provide a training motorcycle to a student for use in the advancedmotorcycle operator training course. If a sponsor provides a motorcycle to a student for usein the basic motorcycle operator training course, the motorcycle:(1) must meet the safety requirements of subsection (a) of this section;(2) may, but is not required to, be registered, inspected, or insured for operation on publichighways.(g) Motorcycles, trikes, sidecar rigs, or any other combinations of motorcycle equipmentused in specialized motorcycle training courses must be in safe operating condition, asdetermined by the trainer, at the time of use.

§31.8notice and hearing requirements

If the department intends to deny, suspend, or cancel a contract or a license of a programsponsor or approval of a standard motorcycle instructor, notice and opportunity for hearingmust be given as provided by Texas Government Code, Chapter 2001 and 1 TAC §§155.1-155.59 (relating to Rules of Procedure).

§31.9suspension

The term of suspension under Section 31.2 of this title (relating to Contracted MotorcycleOperator Training Sponsor) and Section 31.3 of this title (relating to Standard MotorcycleRiderCoach) may not exceed one year. The term of suspension may be reduced by theMotorcycle Safety Unit Coordinator if corrective actions have been taken and the reason forsuspension no longer exists. If the reason for suspension still exists at the end of thesuspension period, the suspension automatically elevates to cancellation of approval. Toregain approval, a sponsor or RiderCoach whose approval has been canceled must reapplyand meet all current requirements for approval.

§31.10.Technical Assistance Visits.

(a) To ensure quality training courses are offered statewide, Technical Assistance Visits(TAVs will be scheduled and conducted at each of the contracted permanent motorcycleoperator training program sites. During the TAV, the focus will be on the quality of theinformation presented and the sponsor and/or RiderCoaches adherence to requirementsoutlined in §31.2 of this title (relating to Contracted Motorcycle Operator Training Sponsor),§31.3 of this title (relating to Standard Motorcycle RiderCoach, §31.4 of this title (relating toStudent Admission Requirements), §31.5 of this title (relating to Verification of StandardMotorcycle Operator Training Course Completion), §31.6 of this title (relating to ApprovedStandard Motorcycle Operator Training Courses), and §31.7 of this title (relating toMotorcycle Requirements).(b) The TAVs will be conducted by department personnel or by persons contracted by thedepartment to perform them.(c) While conducting the TAV, the evaluator will observe the RiderCoach using the samepass/fail criteria as is utilized to evaluate the student teaching portion of the approvedRiderCourse Preparation Course. Based on observations, the evaluator will provide theRiderCoach with suggestions to improve his/her curriculum presentations. RiderCoachesnot meeting the requirements of the approved criteria and unwilling to accept and adoptsuggestions for improvement will be suspended as outlined in §31.3 of this title (relating toStandard Motorcycle RiderCoach. Remedial actions necessary to remove the suspensionwill be determined by the Motorcycle Safety coordinator and may include, but is not limitedto:(1) attending a department-sponsored RiderCoach curriculum refresher course;(2) attending all or portions of a department-sponsored RiderCoach Preparation Course; or(3) present an entire course under the supervision of a Motorcycle Safety Unit staff member,an approved RiderCoach Trainer, or other individual expressly designated by the