Chapter I
General Information
The DPS Motorcycle Safety Unit administers a statewide motorcycle operator 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 and Advanced. The 17-hour Basic Course, teaches new riders the basic skills of operating a motorcycle, the advantages of protective equipment, street survival strategies, and most important, how to get out of dangerous situations that cannot be avoided.
In the eight-hour Advanced Course, experienced and licensed motorcyclists learn about street survival strategies and traction control. They also perfect their skills in cornering, swerving, and braking.
How to identify unsafe motorcycle helmets
It’s clear--helmets save lives. According to the National Highway Traffic Safety Administration, motorcycle riders who do not wear helmets are 40 percent more likely to incur fatal head injuries than riders who do. From 1984 through 1990, helmets saved the lives of more than 4,740 motorcyclists. To help protect the lives of motorcycle riders, the US Department of Transportation (DOT) requires that all motorcycle helmets sold 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 margin of safety for motorcycle riders, many states now have laws requiring the use of helmets that meet FMVSS 218 requirements. Increasingly though, motorcycle riders are violating these state laws by wearing cheap and unsafe helmets that do not meet FMVSS 218. Most of these helmets are sold as novelty items by unscrupulous merchants to circumvent the FMVSS 218 requirements. In some cases, people purchase these helmets in the mistaken belief that they offer protection. However, many people who wear these novelty helmets know that they are unsafe--but wear them anyway. The following information will tell you how to spot these unsafe novelty helmets and how to distinguish them from helmets that meet the federal safety standard.
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 helmet meets or exceeds FMVSS 218. It is important to note that some sellers of novelty helmets provide DOT stickers separately for motorcyclists to place on noncomplying helmets. In this case, the DOT sticker is invalid and does not certify compliance.
The symbol “DOT” constitutes the manufacturer’s certification that the helmet conforms to the applicable Federal Motor Vehicle Safety Standards. This symbol shall appear on the outer surface, in a color that contrasts with the background, in letters at least 3/8 inch high, centered laterally approximately 1 1/4 inches from the bottom edge of the posterior portion of the helmet.
An Interpretation Letter from the National Highway Traffic Safety Administration states the requirement that helmets be permanently labeled prohibits the use of labels that can be removed by hand, without tools or chemicals. Therefore, a sticker that falls off the helmet would not appear to be 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 that a helmet meets the standards of private organizations like Snell or the American National Standards Institute (ANSI) are a good indicator that the helmet meets the federal safety standard. To date, we have never seen a novelty helmet that has a phony DOT sticker plus a phony Snell or ANSI sticker.
Manufacturer’s labelling
Manufacturers are required by FMVSS 218 to place a label on or inside the helmet stating the manufacturer’s name, model, size, month and year of manufacture, construction materials, and owner information. A cheap helmet that does not meet the federal safety standard usually does not have such a label.
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 inner liner 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 plastic shell with no foam at all.
Sturdy Chin Strap and Rivets
Helmets meeting the DOT safety standard have sturdy chin straps with solid rivets.
Weight of Helmet
Depending on design, unsafe helmets weigh only one pound or less-helmets meeting FMVSS218 weigh about three pounds. Become familiar with the weight of helmets that comply with the federal safety standard. They feel more substantial.
Design/Style of Helmet
The DOT safety standard does not allow anything to extend further than two tenths of an inch from the surface of a helmet. For example, while visor fasteners are allowed, a spike or other protruding decoration indicates an unsafe helmet.
A design such as the German Army style or skullcap style may be a clue to an unsafe helmet. Unsafe helmets are noticeably smaller in diameter and thinner than one meeting the DOT standard. However, some German Army style helmets may meet federal requirements. You’ll need to check for weight, thickness, sturdy chin straps, as well as the "DOT" and manufacturer’s labels to make sure the helmet meets the federal safety standard.
Try to become familiar with brand names and designs of helmets that comply with 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 inside labelling do not necessarily prove that a helmet meets all DOT requirements. Many helmets have phony DOT stickers and a limited few also have manufacturer’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 help distinguish safe helmets from noncomplying ones.
For More Information Contact:
The National Highway Traffic Safety AdministrationSafety Countermeasures DivisionNTS-23400 Seventh Street, SWWashington, DC 20590202-366-1739
Motorcycle Skills Test Waiver
The Department of Public Safety waives the riding skills test for some motorcycle driver’s license applicants. To qualify for a waiver applicants must have a current Class A, B, or C driver’s license, and successfully complete a Department of Public Safety Approved Basic Motorcycle Operator Training Course.
Those applicants who do not qualify for a riding test waiver, or who do not wish to attend a Basic Motorcycle Operator Training Course, must undergo a three step testing process to obtain a motorcycle driver’s license. The tests are a knowledge test, a vision test, and a riding skills test.
The riding skills test requires that the applicant provide a motorcycle, a passenger vehicle, and a driver for the passenger vehicle. Both vehicles must be properly registered, insured, inspected, and pass an on-site safety inspection.
To register for a riding skills waiver course, contact RiderCourse Center 972-317-6322 or
www.ridercourse.com
* * * * *
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. 502 REGISTRATION 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 revoke the registration of a motorcycle if the department determines that the motorcycle's braking system does not comply with Section 547.408.
* * * * *
TRC Ch. 541
DEFINITIONS
* * * * *
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 more than 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 centimeters or less and connects to a power drive system that does not require the operator to shift gears.
(9) "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.
(10) "Motor‑driven cycle" means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less. The term does not include an electric bicycle.
* * * * *
TRC Ch. 545
OPERATION 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 attached to the motorcycle.
(b) An operator may not carry another person on the motorcycle, and a person who is not operating the motorcycle may not ride on the motorcycle, unless the motorcycle is designed to carry more than one person.
(c) If the motorcycle is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle behind or to the side of the operator.
* * * * *
TRC Ch. 547
VEHICLE 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, that is:
(1) visible in normal sunlight at a distance of at least 300 feet from the rear of the vehicle; 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 pole trailer shall be equipped with electric turn signal lamps that indicate the operator's intent to turn by displaying flashing lights to the front and rear of a vehicle or combination of vehicles and on that side of the vehicle or combination toward which the turn is to be made.
(c) Turn signal lamps:
(1) shall be mounted at the same level and spaced as widely apart as practicable on the 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 mounted on the front of the vehicle; or
(2) a red or amber light, or a color between red and amber, if the lamp is mounted on the 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 80 inches wide; and
(2) at least 300 feet from the front and rear of the vehicle if the vehicle is less than 80 inches 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 one lamp, 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 a red 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 side of the vehicle that is closest to passing traffic.
(b) A vehicle, other than a motor‑driven cycle, that is parked or stopped on a roadway or shoulder at a time specified in Section 547.302(a) shall display a lamp that complies with 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 or motor-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 brakes capable 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 passenger vehicle;
(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 the location 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 a manufacturer'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 ON VEHICLES
TRC §547.501.
AUDIBLE WARNING DEVICES.
(a) A motor vehicle shall be equipped with a horn in good working condition that emits a 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 so that 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 that complies with Section 547.702.
(c) A motor vehicle operator shall use a horn to provide audible warning only when necessary to insure safe operation.
(d) A warning device, including a horn, may not emit an unreasonably loud or harsh sound 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 be equipped with a mirror located to reflect to the operator a view of the highway for a distance 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 that continually operates to prevent excessive or unusual noise.
(b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.
TRC §547.605.
EMISSION SYSTEMS REQUIRED.
(a) The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive smoke or fumes.
(b) A motor vehicle or motor vehicle engine, of a model year after 1967, shall be equipped to prevent the discharge of crankcase emissions into the ambient atmosphere.
(c) The owner or operator of a motor vehicle or motor vehicle engine, of a model year after 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 the system inoperable in this state, unless the owner or operator removes the system or part to install another system or part intended to be equally effective in reducing atmospheric emissions.
* * * * *
Subch. M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR MOTORCYCLES 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 with the 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 Section 547.325(b) and may be included as a part of the taillamp.
(b) A motorcycle, other than a motor‑driven cycle, shall be equipped with multiple‑beam lighting equipment that produces:
(1) an uppermost distribution of light that reveals a person or vehicle at a distance of at least 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 motorcycle that is on a straight and level road under any condition of loading projects into the eyes of an approaching vehicle operator.
(c) A motor‑driven cycle shall be equipped with:
(1) multiple‑beam lighting equipment that complies with the requirements of Subsection (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 25 miles per hour;
(ii) at a distance of at least 200 feet when the cycle is operated at a speed of 25 miles per hour or more; and
(iii) at a distance of at least 300 feet when the cycle is operated at a speed of 35 miles per hour or more; and
(B) is aimed so that no part of the high‑intensity portion of the beam from the lamp on a loaded cycle projects a beam higher than the level center of the lamp for a distance of 25 feet ahead.
(d) A motorcycle may not be operated at any time unless at least one headlamp on the motorcycle is illuminated. This subsection does not apply to a motorcycle manufactured before the model year 1975.
TRC §547.802.
BRAKE EQUIPMENT.
(a) If a motorcycle, including a motor-driven cycle, complies with the performance requirements of Section 547.408, brakes are not required on the wheel of a sidecar attached to the cycle.
(b) If a motor‑driven cycle complies with the performance standards of Section 547.408, 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 and may 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 performance during actual use.
* * * * *
TRC Ch. 548
COMPULSORY INSPECTION OF VEHICLES
* * * * *
Subch. B. VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION AND REINSPECTION
* * * * *
TRC §548.051.
VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION.
(a) A motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state, must have the following items inspected at an inspection station or by an inspector:
(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 device restrictions under Section 547.613;
(11) front seat belts in vehicles on which seat belt anchorages were part of the manufacturer'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 that the only items of equipment required to be inspected are the brakes, headlamps, rear lamps, and reflectors, which must comply with the standards prescribed by Sections 547.408 and 547.801.
* * * * *
Subch. C. PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF INSPECTION CERTIFICATE
* * * * *
TRC §548.104.
EQUIPMENT-RELATED PREREQUISITES TO ISSUANCE OF INSPECTION CERTIFICATE.
* * * * *
(e) The department shall adopt rules relating to inspection of and issuance of an inspection certificate for a moped.
* * * * *
Subch. E. ISSUANCE, RECORDING, AND PROOF OF INSPECTION CERTIFICATES 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 the manner required by department rule.
(b) The department shall:
(1) require that a certificate for a motorcycle be attached to the rear of the motorcycle near 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
§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. 521
DRIVER'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 operate a motor vehicle on a highway in this state unless the person holds a driver's license issued 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 motorcycle or moped.
TRC §521.085.
TYPE OF VEHICLE AUTHORIZED.
Unless prohibited by Chapter 522, the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle 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 that the license holder is authorized to operate.
(b) The department may include on the driver's license an authorization to operate a motorcycle or moped if the license holder has met all requirements for a Class M license.
* * * * *
Subch. H. EXAMINATION REQUIREMENTS
* * * * *
TRC §521.166.
MOTORCYCLE ROAD TEST REQUIREMENTS.
(a) An applicant required to submit to a motorcycle road test must provide a passenger vehicle and a licensed driver to convey the license examiner during the road test.
(b) The department may refuse to administer any part of the road test to an applicant who 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 an endorsement suitable to the driver's license holder's driving ability. The restriction or endorsement 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 may operate;
(3) mechanical attachments, including glasses or an artificial limb, required on the person of the holder;
(4) an area, location, road, or highway in this state on which the holder is permitted to drive 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 safe operation of a motor vehicle by the holder.
(b) The department may issue a special restricted license or state the applicable restriction on the regular license.
(c) A person commits an offense if the person operates a motor vehicle in violation of a restriction imposed or without the endorsement required on the license issued to that person. An offense under this subsection is a misdemeanor punishable under Section 521.461.
(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 medically corrected 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 the defendant'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 the holder to operate only a motorcycle that has not more than a 250 cubic centimeter piston 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 the department; 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, the department shall remove the 250 cubic centimeter restriction from the license without completion by the holder of an additional motorcycle operator training course.
(f) An applicant for the special restricted license must apply in accordance with Subchapter G. The applicant is subject to the requirements of Section 521.161 and to other provisions of this chapter in the same manner as an applicant for another license. 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. An applicant 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 written examination relating to the traffic laws applicable to the operation of mopeds. A test involving the operation of the vehicle is not required.
(c) An applicable provision of this chapter relating to a restricted Class M license applies 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 to determine 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. 502
REGISTRATION 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 motor vehicle 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 OR REGISTRATION INSIGNIA.
(c) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a 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 that the 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 permits another to operate, on a public highway during a registration period a motorcycle that does 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 permits another to operate, on a public highway a motor vehicle that has attached to it a number plate or registration insignia issued for a different vehicle. An offense under this 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 motor vehicle 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 the department;
(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 the name of the state in which the vehicle is registered or the letters or numbers of the license plate number at any time ;
(6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers of 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 vehicle is registered; or
(C) alters or obscures the letters or numbers of the license plate number or the color of the plate.
(b) Except as provided by Subsection (f), an offense under Subsection (a) is a misdemeanor punishable by a fine of not more than $200, unless it is shown at the trial of 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]
(c) *
[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 the defendant:
(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 the manner required by the issuing authority;
(3) a wheelchair lift or wheelchair carrier that is attached to a vehicle in a normal or customary 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. 504
SPECIALTY 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 at least 25 years old. The license plates must include the words "Classic Auto," "Classic Motorcycle," or "Classic Truck" or a similar designation, as appropriate.
(b) A person eligible for the license plates may instead use license plates that were issued by this state in the same year as the model year of the vehicle and are approved by the department. The department may require the attachment of a registration insignia to the license plate in a manner that does not affect the display of information 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 of public 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 by this state in the same year as the model year of the vehicle and approved by the department, provided that a passenger car must bear passenger car or truck license plates and a truck must bear passenger car or truck license plates. The department may require attachment of a registration insignia to the license plate in a manner that does not affect the display of information originally on the license plate.
(d) License plates issued or approved under this section expire on the fifth anniversary of 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 period if 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 if the vehicle was manufactured before 1921.
(f) The department may exempt a former military vehicle from the requirement to display a license plate or registration insignia if the exemption is necessary to maintain the vehicle's accurate military markings. The department may approve an alternative registration insignia that is compatible with the vehicle's original markings.
(g) A person entitled to specialty license plates or to department approval under this section may register the vehicle without payment of any fees paid for or at the time of registration except the fee for the license plate. An owner of a vehicle registered under this subsection who violates this section commits an offense. An offense under this section 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 under Subsection (a) shall be required to attach and display only one license plate on the rear 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 the time of the offense the vehicle was enroute to or from a location for the purpose of routine 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 AND PASSENGERS
TRC §661.001.
DEFINITIONS.
In this chapter:
(1) "Motorcycle" means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground, and having a saddle for the use of the rider. The term does not include a tractor or a three‑wheeled vehicle equipped with a cab, seat, and seat belt 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 FOR PROTECTIVE HEADGEAR.
(a) To provide for the safety and welfare of motorcycle operators and passengers, the department shall prescribe minimum safety standards for protective headgear used by motorcyclists in this state.
(b) The department may adopt any part or all of the American National Standards Institute's standards for protective headgear for vehicular users.
(c) On request of a manufacturer of protective headgear, the department shall make the safety 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 the department.
(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.
(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 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 or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this 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 the person:
(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 the applicant.
(f) A sticker issued by the department under Subsection (d) expires on the third anniversary of the date of issuance.
(g) A person operating or riding as a passenger on a motorcycle that displays on the license plate of the motorcycle or the license plate mounting bracket a sticker issued by the department under Subsection (d) is presumed to have successfully completed the training and safety course described by Subsection (c) or to have the insurance coverage described by 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 franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result 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 passenger to inspect the person's protective headgear for compliance with the safety standards prescribed by the department.
* * * * *
Chapter 6
MOTORCYCLE SAFETY PROGRAM
TEXAS 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. 662
MOTORCYCLE OPERATOR TRAINING AND SAFETY
* * * * *
TRC §662.001.
DESIGNATED STATE AGENCY.
The governor shall designate a state agency to establish and administer a motorcycle operator 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 as a 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 and shall 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 the Motorcycle Safety Foundation.
TRC §662.005.
CONTRACTS.
The designated state agency may license or contract with qualified persons to administer or operate 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 the person 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 safety program, 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 program sponsor to conduct or for an instructor to teach a course offered under this chapter if the applicant, instructor, or sponsor:
(1) does not satisfy the requirements established under this chapter to receive or retain approval;
(2) permits fraud or engages in a fraudulent practice with reference to an application to the agency;
(3) induces or countenances fraud or a fraudulent practice by a person applying for a driver's license or permit;
(4) permits fraud or engages in a fraudulent practice in an action between the applicant or license 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 a program sponsor or an instructor, notice and opportunity for a hearing must be given as provided 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.
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 comptroller for deposit to the credit of the motorcycle education fund account.
(b) Money deposited to the credit of the motorcycle education fund account may be used only 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 first Monday in November of each even‑numbered year on the condition of the account. The report 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 for the 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, including information 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, with recommendations for their solution.
TRC §662.012.
REPORTS
(a) The designated state agency shall require each provider of a motorcycle operator training and safety program to compile and forward to the agency each month a report on the 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 in the reporting period;
(4) information collected by surveying persons taking each course as to the length of any waiting 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 submitted under Subsection (a) on a by‑site basis. The agency shall update the compilation as soon as practicable after the beginning of each month.
(c) The designated state agency shall provide without charge a copy of the most recent compilation under Subsection (b) to any member of the legislature on request.
* * * * *
Chapter 7
MISCELLANEOUS LAWS
TEXAS 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. 525
MOTORCYCLE 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 awareness information in any edition of the Texas driver's handbook published after the department exhausts the supply of the handbook that the department had on September 1, 1993.
* * * * *
TRC Ch. 680
MISCELLANEOUS PROVISIONS
* * * * *
Subch. B. TOLLS FOR MOTORCYCLE; USE OF PREFERENTIAL LANE BY MOTORCYCLE
* * * * *
TRC §680.011.
DEFINITIONS.
In this subchapter:
(1) "Motorcycle" has the meaning assigned by Section 502.001 and includes a motorcycle equipped with a sidecar.
(2) "Preferential lane" means a traffic lane on a street or highway where motor vehicle usage 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 the operation of a motorcycle on the road, bridge, or turnpike that is greater than the toll imposed 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 8
Administrative Rules
TITLE 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 Minimum Safety 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 the minimum standard for motorcycle helmets sold for and worn by motorcycle operators and passengers on public roadways in Texas.
(b) Motorcycle helmet exemption. Persons 21 years old or older are exempt from wearing a motorcycle helmet if they:
(1) have successfully completed a motorcycle operator training course as approved under Texas Transportation Code, Ch. 662; or,
(2) are 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 or riding upon a motorcycle.
(c) Motorcycle operator training course. A motorcycle operator training course is defined as being a basic or advanced motorcycle operator training course approved by the department and meeting or exceeding the educational standards of the Motorcycle Safety Foundation.
(1) The department‑approved advanced motorcycle operator training course is the minimum requirement for licensed motorcyclists with their own motorcycle and protective equipment. The basic motorcycle operator training course approved by the department in the same reference is acceptable.
(2) The department‑approved basic motorcycle operator training course is required for new or inexperienced motorcyclists, persons without a valid motorcycle driver license or persons without their own motorcycle or protective equipment.
(d) Proof of successful completion. Proof of successful completion of a department‑approved motorcycle operator training course is a motorcycle operator training course completion card, MSB‑8, annotated for the basic or advanced motorcycle operator training course, as applicable. A completion card from another state or military base indicating that the course attended meets or exceeds the educational standards of the Motorcycle 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 services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.
(f) Proof of compliance. Proof of compliance with the health insurance coverage requirements is considered to be demonstrated by a copy of the insurance card or certificate 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 medical insurance 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 card or 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 persons meeting the criteria outlined in subsections (a) - (f) of this section. A helmet exemption sticker:
(1) when placed on the bottom‑center portion of the motorcycle license plate or on the license plate mounting bracket, indicates that the person operating or riding upon the motorcycle is presumed to have met the motorcycle operator training or medical insurance requirements; 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 or medical 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 application fee, 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 contain sufficient information (i.e., personal, vehicle or insurance information) or does not include a copy of the appropriate course completion card and/or proof of insurance or the application fee. If the application for a helmet exemption sticker is rejected, the department will return the application, less the fee, to the applicant with a letter explaining the rejection. The applicant may, at their discretion, reapply for the helmet exemption sticker. When reapplying, 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 piston displacement does not exceed 125 cubic centimeters and mopeds will be certified by the department.
(b) Certification procedures. Any person, firm, or corporation desiring certification shall submit to the department a properly attested verification affidavit form, DL‑48, which will be furnished upon request.
(c) List of certified vehicles. The department will furnish upon request a list of certified makes and models to the public.
(d) Cancellation or suspension of certification certificate. If, at any time, it is discovered that any certified vehicle does not comply with the required specifications, the department will cancel the certificate of certification covering said make and model; provided that the manufacturer is entitled to 30 days' notice of such proposed cancellation of certificate during which time he shall have an opportunity to submit proof that the make and model number in question does in fact comply with these specifications.
* * * * *
Ch 31.
STANDARDS FOR AN APPROVED MOTORCYCLE OPERATOR TRAINING COURSE
§31.1
DEFINITIONS
The following words and terms when used in this chapter have the following meanings unless the context indicates otherwise.
(1) Advanced Motorcycle Operator Training Course--A course of instruction, based on a curriculum developed by the Motorcycle Safety Foundation, designed to provide experienced motorcyclists with additional skills and knowledge found to be lacking in accident-involved motorcyclists. Satisfactory completion of this course is signified by the issuance of a Texas Department of Public Safety standardized Motorcycle Operator Training Course Completion Card, MSB-8.
(2) Basic Motorcycle Operator Training Course--A course of instruction, based on a curriculum developed by the Motorcycle Safety Foundation, designed to teach new or inexperienced motorcyclists basic riding skills and defensive street riding strategies. Satisfactory completion of this course is signified by the issuance of a Texas Department of Public Safety standardized Motorcycle Operator Training Course Completion Card, MSB-8.
(3) Contract Applicant--A person applying for a contract from the department to provide standard motorcycle operator training courses.
(4) Contracted Motorcycle Operator Training Site--An appropriate and safe place where standard motorcycle operator training is conducted by a contracted motorcycle operator training sponsor.
(5) Department--Texas Department of Public Safety. The department is the state agency designated by the governor to establish and administer the motorcycle operator training and safety program.
(6) License Applicant--A person applying for a license from the department to provide specialized motorcycle operator training.
(7) Licensed Motorcycle Operator Training Site--An appropriate and safe place where specialized motorcycle operator training is conducted by a licensed specialized motorcycle operator training sponsor.
(8) Mobile Site Sponsor--A public or private entity bound by contract to locally administer the motorcycle operator training program in locations serviced by the department's mobile training unit. The department provides the course equipment, material, and instructional staff. In its role as a mobile site sponsor, this entity is not an agent, servant, or employee of the department or the state of Texas.
(9) Motorcycle Operator Training and Safety Program--The motorcycle operator training and safety program makes information and courses in knowledge, skills, and safety relating to the operation of motorcycles available to all motorcycle operators in this state. It also provides information to the general public on sharing the roadway with motorcycles.
(10) Motorcycle Safety Unit--An administrative unit within the department assigned with the responsibility for establishing and administering the motorcycle operator training and safety program.
(11) Motorcycle Safety Foundation (MSF)--A national, nonprofit organization whose purpose is to improve the safety of motorcyclists on the nation's streets and highways. The MSF provides programs in rider education, licensing improvement, public information, and research.
(12) Specialized Motorcycle Instructor/Trainer--An individual who has established sufficient credibility in teaching a form of specialized motorcycle operator training, and teaches such courses through a licensed motorcycle operator training site. This individual, unless directly employed 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 teach knowledge and skills not addressed, or only lightly addressed, in standard motorcycle operator 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. three wheeled motorcycles), sidecar rigs, towing trailers behind motorcycles, trikes, or sidecar rigs, higher speed street skills taught on race tracks, or courses offered by a particular motorcycle manufacturer. Motorcycle courses taught by law enforcement agencies to law enforcement officers are exempt from licensing under this definition.
(14) Sponsor--A public or private entity contracted or licensed by the department to provide motorcycle operator training. In its role as a motorcycle operator training sponsor, this entity is 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 the standard motorcycle operator training courses in Texas through contracted motorcycle operator training sites. This individual must meet the requirements set forth in §31.3 of this title (relating to Standard Motorcycle RiderCoach. This individual, unless directly employed by the department as a motorcycle safety instructor, is not an agent, servant, or employee of the department or the state of Texas.
(16) Standard Motorcycle Operator Training Courses--Basic or advanced courses, or motorcycle safety RiderCoach preparation courses, based on Motorcycle Safety Foundation curricula. These courses may not include information specific to any particular motorcycle brand, manufacturer, distributor, or dealership. These courses are offered by entities contracted to the Department of Public Safety and if satisfactorily completed, earn students the standardized Motorcycle Operator Training Course Completion Card, MSB-8, required for minors to obtain a motorcycle license, or to waive the state's skill test for a motorcycle license.
§31.2
CONTRACTED MOTORCYCLE OPERATOR TRAINING SITE SPONSER
(a) person may not offer training in motorcycle operation for a consideration unless the person is licensed by, or contracts with the department. Approval for a contract will be denied unless a sponsor applicant meets the following requirements. The applicant must demonstrate the capacity to register students, collect and account for tuition and state reimbursements as appropriate, arrange public notice of courses, provide required insurance coverage and make all necessary insurance premium payments, submit and maintain all required records, and contract with, schedule, and compensate approved instructors 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 suitable traction; and
(B) large enough to safely accommodate any motorcycle training range approved by the department, as flat as possible, secure from vehicular and pedestrian traffic, and free of surface hazards and obstacles;
(2) permanent sites must also have access to:
(A) a secure storage area to physically and environmentally protect training motorcycles and other course equipment;
(B) a classroom, not located in a private residence, that is large enough to seat all students and RiderCoaches comfortably and that contains at least one adequate desk or equivalent seating and writing surface for each student, and at least one instructor's desk, table, or podium;
(C) audiovisual presentation equipment for the classroom, including a chalkboard or equivalent; and
(D) a first aid kit and at least one five-pound Class ABC fire extinguisher, or equivalent, for the riding area.
(b) The department may deny, suspend, or cancel its approval for a program sponsor to conduct a course or for a RiderCoach to teach courses offered under this section if the applicant, sponsor, or RiderCoach does not satisfy the requirements of subsection (a) of this section;
(1) is convicted under the laws of this state, another state, or the United States, of any felony or offense involving moral turpitude, tampering with a governmental record, driving while intoxicated, or driving under the influence of drugs, or an offense committed as a result of the person's criminally negligent operation of a motor vehicle.
(A) these particular crimes relate to conducting and teaching courses because the sponsor and RiderCoaches are required to be of good reputation, character, and moral conduct, to deal honestly with members of the public, keep records on behalf of the department, and to recognize 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 the conviction or of the release of the person from the confinement or supervision imposed for that conviction, whichever is the later date.
(C) for the purposes of this section, a person is convicted of an offense when an adjudication 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 is discharged from probation;
(2) cannot provide sufficient information and documentation to enable the department to evaluate or reevaluate the applicant's request for approval;
(3) knowingly presents or allows to be presented to the department any false or misleading information relating to a request for approval;
(4) permits or engages in any fraud or fraudulent practice concerning an application or, in any action between the applicant or licensee and the public, induces or countenances any fraud 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, written policy, or written procedure regarding the motorcycle operator training program; or
(6) knowingly allows RiderCoach to give, or a student to receive, classroom or riding instruction if either exhibits any evidence of or effects from an alcoholic beverage, controlled substance, 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 in determining whether a criminal conviction directly related to an occupation, the department shall consider those factors stated in Occupations Code, Chapter 53.
(d) The department may construe any probation or conviction which is for a criminal offense arising from a penal provision from another state, federal, military, or foreign jurisdiction to be 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 other nonsubstantive errors by either party; or
(2) if the discrepancy causing the suspension under these administrative rules has not been corrected within the time limit prescribed by a suspension; or
(3) any offense involving tampering with a government record or driving while intoxicated where the offense occurred within the previous five years.
(f) Each sponsor must designate a program administrator to be responsible for signing contracts with the department, instructors, or students and for signing any forms required of the sponsor. The program administrator must also be designated by the sponsor to be the custodian of all records, which shall be kept for a period of at least three years from the date of the final performance report under the contract.
(g) If the sponsor is an organization, that organization shall designate one of its members as the chief school official. If the sponsor is an individual, that person shall also be the program administrator.
(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 has been sold or transferred;
(2) in the case of a partnership or a corporation, when more than 50% of the controlling interest has been sold or transferred; or
(3) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the sponsor.
(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 and renegotiated through the appropriate rules and regulations.
§31.3
Standard motorcycle RIDERCOACH
(a) A person may not instruct or offer instruction in motorcycle operation to the public for a consideration without authorization from the department. To qualify for authorization, a RiderCoach must be approved by the department. The department may deny approval unless a RiderCoach applicant meets the following requirements. The applicant must agree to 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 the applicant’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 Texas Department 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, including technically correct riding demonstrations.
(b) An applicant for approval to instruct an advanced motorcycle operator training course must meet all the requirements to instruct as identified in subsection (a) of this section, plus attend a department-approved curriculum update, and be able to perform technically correct riding demonstrations on his or her personal motorcycle.
(c) The department may deny or suspend its approval if the instructor fails to meet or continue to meet the requirements of subsections (a) and (b) of this section or if the instructor, as an individual, fails to meet or continue to meet the requirements of §31.2(b) of this 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 to Contracted Motorcycle Operator Training Site Sponsor), Section 31.3 of this title (relating to Standard Motorcycle RiderCoach), Section 31.4 of this title (relating to Student Admission Requirements), Section 31.5 of this title (relating to Verification of Standard Motorcycle Operator Training Course Completion), Section 31.6 of this title (relating to Approved Standard Motorcycle Operator Training Courses), and Section 31.7 of this title (relating to Motorcycle Requirements) has not been corrected within the time limit prescribed by a suspension.
(e) A RiderCoach approved by the department may teach both the classroom and on-cycle phases 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 the RiderCoach or student is using or exhibits any evidence of effect from an alcoholic beverage, controlled substance, or drug as defined in Texas Penal Code, Section 49.01 et seq.; or
(2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course. A period of absence for any portion of scheduled course instruction will require that student repeat that portion of instruction prior to issuance of the certificate of completion.
§31.4
student 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 basic motorcycle operator training course unless he or she has a Class C instructional permit or an unrestricted Class C, or higher, driver license.
(c) The advanced motorcycle operator training course is restricted to individuals with a current motorcycle (Class M) driver's license. Each student must provide his or her own motorcycle that meets the requirements of §31.7 of this title (relating to Motorcycle Requirements).
§31.5
Verification of standard motorcycle operator training course completion
(a) The sponsor will issue a Standardized Motorcycle Operator Training Course Completion Card, MSB-8 to all students who have successfully completed the Department-Approved Basic 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 Motorcycle Operator Training Course, is issued to verify:
(A) that a student age 15 or over, has met the educational training requirements for a motorcycle driver's license.
(B) that a student has successfully completed the training requirements to qualify for a motorcycle driver's license skills test waiver, providing the student already has an unrestricted Class A, B, or C driver's license.
(2) An MSB-8, indicating completion of the department-approved Advanced Motorcycle Operator Training Course, will be issued by the course sponsor to every student completing the approved advanced motorcycle operator training course.
(b) The department will accept only an original signature of the instructor or designated school official on form MSB-8.
§31.6
approved standard motorcycle operator training courses
(a) Except as modified by subsection (c) of this section, the department adopts the educational, safety, and RiderCoach standards, by reference, of the most current versions of 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 Experienced RiderCourse Skills Plus (ERC) element of the MSF Experienced RiderCourse Suites; and
(3) the approved RiderCoach preparation course is the MSF RiderCourse Preparation Course curriculum.
(b) Approved course curricula are available for inspection at the department's Austin headquarters.
(c) In addition to these curricula requirements, the minimum standards for motorcycle operator training courses include the following:
(1) The student to instructor ratio for the basic and advanced course classroom instruction may not exceed 36 students per instructor.
(2) The student to RiderCoach ratio for on-cycle instruction may not exceed six students per instructor until the instructor has taught more than six courses. Once this has occurred and the RiderCoach has requested in writing and received written permission from the department, they may teach up to eight students alone. In no case will there be more than 12 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-cycle instruction.
(d) All participants and RiderCoaches must wear protective gear when participating in the on-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.
§31.7
motorcycle requirements
(a) A motorcycle must be rejected for use by the RiderCoach(s) if it fails to meet the requirements of this section or if, in the discretion of the RiderCoach, the motorcycle is unsafe or inappropriate for the rider, a RiderCoach, another student, or any other person permitted in the riding area. A motorcycle may be deemed unsafe because of modification, damage, lack of maintenance, nonstandard configuration, or any other substantial safety reason.
(b) Student-owned motorcycles used in the basic or advanced motorcycle operator training courses 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 lead RiderCoach; and
(3) pass a safety inspection conducted by the RiderCoach.
(c) A student may use a borrowed motorcycle if the student can show written permission from the owner to use the motorcycle in the course and if it meets the requirements of paragraphs (1), (2), and (3) of subsection (b).
(d) A student electing to use a personal or borrowed motorcycle in the basic motorcycle operator training course must sign a waiver form stating that they accept all liability for damages caused by, or to the vehicle.
(e) A motorcycle provided by a sponsor for use in the basic motorcycle operator training course must meet a minimum of two of the following criteria based on the original equipment 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 advanced motorcycle operator training course. If a sponsor provides a motorcycle to a student for use in 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 public highways.
(g) Motorcycles, trikes, sidecar rigs, or any other combinations of motorcycle equipment used in specialized motorcycle training courses must be in safe operating condition, as determined by the trainer, at the time of use.
§31.8
notice and hearing requirements
If the department intends to deny, suspend, or cancel a contract or a license of a program sponsor or approval of a standard motorcycle instructor, notice and opportunity for hearing must be given as provided by Texas Government Code, Chapter 2001 and 1 TAC §§155.1-155.59 (relating to Rules of Procedure).
§31.9
suspension
The term of suspension under Section 31.2 of this title (relating to Contracted Motorcycle Operator Training Sponsor) and Section 31.3 of this title (relating to Standard Motorcycle RiderCoach) may not exceed one year. The term of suspension may be reduced by the Motorcycle Safety Unit Coordinator if corrective actions have been taken and the reason for suspension no longer exists. If the reason for suspension still exists at the end of the suspension period, the suspension automatically elevates to cancellation of approval. To regain approval, a sponsor or RiderCoach whose approval has been canceled must reapply and 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 motorcycle operator training program sites. During the TAV, the focus will be on the quality of the information presented and the sponsor and/or RiderCoaches adherence to requirements outlined 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 to Student Admission Requirements), §31.5 of this title (relating to Verification of Standard Motorcycle Operator Training Course Completion), §31.6 of this title (relating to Approved Standard Motorcycle Operator Training Courses), and §31.7 of this title (relating to Motorcycle Requirements).
(b) The TAVs will be conducted by department personnel or by persons contracted by the department to perform them.
(c) While conducting the TAV, the evaluator will observe the RiderCoach using the same pass/fail criteria as is utilized to evaluate the student teaching portion of the approved RiderCourse Preparation Course. Based on observations, the evaluator will provide the RiderCoach with suggestions to improve his/her curriculum presentations. RiderCoaches not meeting the requirements of the approved criteria and unwilling to accept and adopt suggestions for improvement will be suspended as outlined in §31.3 of this title (relating to Standard Motorcycle RiderCoach. Remedial actions necessary to remove the suspension will be determined by the Motorcycle Safety coordinator and may include, but is not limited to:
(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 department to perform such duties.
(d) A department representative may observe specialized motorcycle operator training sites, courses, and trainers for adherence to generally accepted instructional quality and safety practices relative to the type of specialized training for which a license has been issued. Licensed sponsors of specialized motorcycle operator training must provide department representatives access to their sites and instructors for such observations.
§31.11
notification of legal action
All sponsors shall notify the Motorcycle Safety Unit with the details of any legal action which has been filed against the sponsor, its officers, or its contracted instructors within 30 days of such action.
§31.12
licensed motorcycle operator training sponsor
(a) An entity wishing to offer specialized motorcycle operator training must submit a written request to the department.
(1) The request must state the type of training to be offered,
(2) the perceived benefits to public safety; and,
(3) describe how the applicant intends to offer such training in a safe and prudent manner.
(b) The department may allow such training by issuing a letter of agreement with the entity setting forth the responsibilities and limits of the sponsor and the department.
(c) The letter of agreement shall be considered a license to offer specialized motorcycle operator training for the period set forth in the letter of agreement.
(d) The department may deny or revoke a license to offer specialized training if the applicant:
(1) cannot provide sufficient information and documentation to enable the department to evaluate or reevaluate the applicant's request for a license;
(2) knowingly presents or allows to be presented to the department any false or misleading information relating to a request for a license:
(3) knowingly or recklessly disregards or fails to comply with any departmental rule, written policy, or written procedure regarding specialized motorcycle operator training;
(4) knowingly allows an instructor to give, or a student to receive, classroom or riding instruction if either exhibits any evidence of or effects from an alcoholic beverage, controlled substance, or drug as defined in Texas Penal Code, §§49.01 et seq.;
(5) is convicted under the laws of this state, another state, or the United States, of any felony or offense involving moral turpitude, tampering with a governmental record, driving while intoxicated or driving under the influence of drugs, or an offense committed as a result of the person's criminally negligent operation of a motor vehicle:
(A) these particular crimes relate to conducting and teaching courses because the sponsor and instructors are required to be of good reputation, character, and moral conduct, to deal honestly with members of the public, keep records on behalf of the department, and to recognize 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 paragraph, if a period of more than five years has elapsed since the date of the conviction or of the release of the person from the confinement or supervision imposed for that conviction, whichever is the later date
(C) for the purposes of this section, a person is convicted of an offense when an adjudication 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 is discharged from probation.
(6) The department may construe any probation or conviction which is for a criminal offense arising from a penal provision from another state, federal, military, or foreign jurisdiction to be its closest equivalent under the penal provisions of this state.
No comments:
Post a Comment