TRAFFIC SAFETY FOCUS
November 2007:

PROTECTIVE HEADGEAR FOR MOTORCYCLES
(AND PASSENGERS)

Below you will find the listed offenses

§ 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:
   • is the owner of a motorcycle that is currently registered in this state;  and
   • has successfully completed the training and safety course described by Subsection (c) or has the insurance coverage described by that subsection;
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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 30.154(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1156, § 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, § 17.36, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 657, § 1, eff. Sept. 1, 2001.

§ 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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

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