Sunday, April 19, 2009

Motorcycle Helmet Exemptions


Effective September 1, 1997, persons at least 21 years old are exempt from wearing a motorcycle helmet if they:

have successfully completed a motorcycle safety course, or
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.

Motorcycle Safety Course. The Basic and Advanced Motorcycle Operator Training Courses meet the helmet exemption requirement. The Advanced Motorcycle Operator Training Course is recommended for experienced licensed motorcyclists.
Health Insurance Plan. 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."
Helmet Exemption Sticker.

The Department of Public Safety issues Helmet Exemption stickers to persons who:

apply to the department on the form provided; and
own the motorcycle listed on the application;
provide adequate proof of successful completion of the Basic or Advanced Motorcycle Operator Training Course, or health insurance coverage,

and, pay a $5.00 non-refundable fee for each sticker applied for.
Persons operating, or riding upon, a motorcycle with a helmet exemption sticker displayed on the license plate or license plate mounting bracket are presumed to meet the training or insurance requirements for riding without a helmet.


NOTE: Helmet Exemption stickers are serialized and may not be transferred from one motorcycle to another. The sticker expires on the third anniversary of their date of issuance.
Frequently Asked Questions.
1. Do passengers have to meet the same age/insurance/training requirements as the operator?
It is presumed that operators and passengers on a motorcycle displaying a helmet exempt sticker on the license plate or plate holder meet the age/insurance/training requirements.No helmet exempt sticker on the motorcycle? If the motorcycle owner has the state-required minimum insurance, passengers, providing they are at least 21 years of age, can ride on a motorcycle without a helmet.
2. Is the helmet exemption sticker required before a motorcyclist can ride without a helmet?
No. The sticker indicates that the motorcyclist meets the requirement for riding without a helmet, and law enforcement officers will presume that they do. Without the sticker motorcyclists may be requested to show police officers their proof of course completion or insurance coverage.
3. Where are helmet exemption sticker applications available?
Helmet exemption sticker applications are available at most Driver License Offices, from the Motorcycle Safety Unit (1-800-292-5787) or by downloading it from the Motorcycle Safety Unit’s web page (www.txdps.state.tx.us/msb).
4. Which course must motorcyclists take to qualify for the helmet exemption sticker?
The basic and/or the advanced motorcycle operator training course meet the requirement for helmet exemption.
5. Do training sites provide motorcycles and helmets for persons attending training courses?
Training sites provide helmets and training motorcycles for students attending the basic course. Sponsors may provide helmets for students attending the advanced course.
6. What constitutes proof of course completion?
A Department of Public Safety, Motorcycle Operator Training Course Completion Card, MSB-8 or a completion card from a motorcycle safety course meeting or exceeding Motorcycle Safety Foundations standards.
7. Does the insurance card have to state that the insurance affords benefits of at least $10,000 for injuries incurred as a result of a motorcycle accident?
No. Major health insurance plans almost always provide at least $10,000 coverage, generally more. Moreover, the Department’s administrative rules do not require the insurance card to display the amount of policy coverage. Therefore, an insurance card such as provided by an employer, group health insurance company (HMO/PPO), the Veterans Administration, Medicare or Medicaid, is prima facie proof that the coverage meets statutory requirements and is satisfactory proof of the required coverage. Insurance cards for life insurance policies, cancer only policies, or accidental death and dismemberment policies do not meet the health insurance plan requirement as they have a more narrow coverage than is required by the statute.
8. If a person is from out of state, can they ride in Texas without a helmet?
Yes, as long as he or she is at least 21 years old and can show proof of course completion or adequate medical insurance.
Motorcycle Safety Course
The Basic and Advanced Motorcycle Operator Training Courses meet the helmet exemption requirement. The Advanced Motorcycle Operator Training Course is recommended for experienced licensed motorcyclists.
Helmet Exemption Sticker
The Department of Public Safety issues Helmet Exemption stickers to persons who: apply to the department on one of the forms provided here; provide adequate proof of successful completion of the Basic or Advanced Motorcycle Operator Training Course, or health insurance coverage, and, pay a $5.00 non-refundable fee for each sticker applied for.

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