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Traffic Laws
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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.
History
(Stats. 1995 74th Leg. Sess. Ch. 165, effective September 1, 1995; Stats. 1997
75th Leg. Sess. Chs. 165, 1156, effective September 1, 1997; Stats. 1999 76th
Leg. Sess. Ch. 62, effective September 1, 1999; Stats. 2001 77th Leg. Sess. Ch.
657, effective September 1, 2001.)