Law & Legal & Attorney Traffic Law

Motorcycle Helmet Laws in Texas

    • Texas requires motorcycle helmets only for younger riders.moto 5 image by thierry planche from Fotolia.com

      Motorcycle riders are 37 times more likely to die when in a traffic accident than the driver of an enclosed vehicle, according to the Insurance Institute for Highway Safety. Those death rates increase twofold for states, such as Texas, which do not require protective head gear or only require it for young riders, the Institute reports. Texas changed its helmet requirement in 1997 to require protective headgear only for younger riders. Riders 21 and older are exempt from the regulation as long as they are adequately covered by health insurance in case they are involved in an accident.

    Motorcyle Definition

    • A motorcycle is a motor vehicle, without a cab, with a saddle seat and not more than three wheels.

    Minimum Safety Standards

    • Protective headgear for motorcycle riders in Texas must comply with the American National Standards Institute's minimum standards. Texas does not require eye or face shields on motorcycle helmets.

    Passenger Protection

    • Texas law requires motorcycle passengers to wear protective headgear when riding on a public street or highway.

    Helmet Protection Waived

    • Texas law allows a motorcyclist to ride on public roads without a helmet if he is at least 21 and carries health insurance that provides medical benefits if he is injured in a traffic accident. The governor signed a new law in 2009 that eliminated the requirement that the insurance cover at least $10,000 in hospital costs. The new law places that limit at the discretion of the insurance company. The requirement may also be waived upon successful completion and passing of a motorcycle operator and safety course.

    Police Stop

    • Texas law enforcement officials may not pull over a motorcyclist without a helmet solely to see if she has passed the motorcycle operator and safety course or is covered by health insurance.

    Headgear Inspection

    • State law allows a police officer to pull over a motorcyclist to determine if the helmet he is wearing is in compliance with safety standards set by the state.

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