Motorcyclists in Texas have the same rights as motorists in passenger or commercial vehicles and are expected to follow the same rules of the road. However, a few specific laws apply only to motorcycles. These laws exist to protect motorcyclists from harm while on the road, particularly since a collision involving a motorcycle and another vehicle will most often result in severe injuries to the rider.
If you were injured in a motorcycle accident caused by someone else’s negligence in Texas, the team at Wilhite Injury Lawyers stands ready to fight for you. We have experience with helping injured riders seek accountability and fair compensation after severe injury accidents. Call us today for a free consultation to discuss your case.
Texas Motorcycle Helmet Laws
According to the Texas Department of Transportation, all motorcycle riders and passengers under age 21 must wear a helmet. Motorcycle riders and passengers 21 and older must also wear a helmet unless they have completed a state-approved motorcycle safety training course or have health insurance coverage for injuries resulting from motorcycle accidents. Any helmet worn by a motorcycle rider or passenger must meet federal safety standards.
However, the state Department of Transportation also encourages all motorcycle riders and passengers to wear a helmet at all times, as wearing a helmet can severely reduce the risk of sustaining a traumatic brain injury if you are involved in an accident.
In Texas, failing to wear a motorcycle helmet is a secondary offense. This means that a police officer cannot pull over a motorcyclist solely because the motorcyclist was not wearing a helmet. The police officer must have had some other cause to pull over the motorcyclist, such as if the motorcyclist was speeding or breaking some other traffic law.
Texas Motorcycle Safety Laws
In addition to following Texas’ laws concerning helmets, motorcyclists must also adhere to other safety regulations. These include:
Passengers
Passengers are only allowed to ride on motorcycles that are designed to hold a passenger. A motorcycle must have a fixed seat, footrests, and handholds for passengers.
No one under age 5 is allowed to ride as a motorcycle passenger. With that said, it is more realistic to say motorcycle passengers must be 8 years old and at least 4-foot-9 in height. This is because Texas traffic laws require child seats for any motor vehicle passengers under 4-foot-9 in height until a child is at least 8 years old. Since motorcycles are not equipped for child seats, a child who is not at least 4-foot-9 or is under 8 years old cannot ride a motorcycle.
Inspections
All motorcycles are required to undergo an annual safety inspection. According to information from the Texas Department of Public Safety, a motorcycle safety inspection must include looking at the following components:
- Horn
- Mirrors
- Steering system
- Brakes
- Tires
- Wheel assembly
- Exhaust system
- Taillights
- Stopping lights
- License plate lamp
- Rear red reflector
- Headlamp
- Vehicle Identification Number (VIN)
Lane Splitting
Motorcycles are not allowed to move between lanes of stopped or slower traffic. This is sometimes known as “lane splitting.” However, two motorcycles may ride in the same lane of traffic, though this can be dangerous if not done carefully.
How to Get a Motorcycle License in Texas
Before obtaining your motorcycle license in Texas, you must show that you meet all the requirements for a regular driver’s license. These include:
- Providing proof of U.S. citizenship, Texas residency, your personal identity, registration of your vehicle, and insurance
- Completing the Impact Texas Drivers program, which requires taking a driving skills test as part of your license (which applies to most new, younger drivers who have not recently moved to Texas from another state)
- Completing a driver education course, if you are 18-24 years of age and are not surrendering a valid, unexpired out-of-state license
- Paying an application fee
- Having your thumbprints and picture taken
- Passing a vision test, driving test, and knowledge test
There are a handful of other requirements for teen drivers to obtain a standard driver’s license in Texas. These requirements must be met before a teen driver can apply for a motorcycle license, and they include:
- Taking a driver education course. You can begin classroom instruction to obtain your license starting at age 14.
- Applying for a learner’s license. You must be at least 15 to apply for a learner’s license. You must also have a high school diploma or its equivalent or provide proof of enrollment in some form of ongoing education. Drivers with learner’s licenses must also have a licensed driver at least 21 years old in the passenger seat.
- Moving up to a provisional driver’s license. Once you’ve had a learner’s license for at least six months or you turn 18, you can apply for a provisional license. You must pass a driving test and have completed the behind-the-wheel portion of a driver education course. Drivers with provisional licenses can have only one non-family member in the vehicle at any time, and they cannot drive between midnight and 5 a.m. except in certain circumstances. Drivers with provisional licenses are also prohibited from using cellphones and other wireless devices except in emergencies.
Once you have obtained your standard driver’s license, you can apply for a Class M license, which allows you to operate a motorcycle legally. Here are the state requirements for a motorcycle license:
- Completion of an approved motorcycle safety course. Individuals with a valid motorcycle license from another state can have this requirement waived.
- Riders age 15-17 must have a provisional license, a Class C learner’s license, 32 hours of classroom education, or a certificate showing they have completed 32 hours of classroom education.
- Passing a vision and knowledge test. The knowledge test can be waived for individuals who have a certificate of completion for a valid motorcycle safety course.
- Passing a motorcycle driving test. The driving test cannot be waived for any applicant under age 18, but certain applicants can skip the driving test if they are:
- 18 years or older, have completed a motorcycle safety course, and hold a valid Class A, B, or C license in Texas
- 17 years or older and are transferring a valid, unrestricted motorcycle license from another U.S. state or Canadian province
- Applying for a motorcycle learner’s license
What You Need to Know About the Texas Motorcycle Test
If you are applying for a motorcycle license in Texas, there’s a good chance you’ll have to take and pass a driving test. Among other things, here are some skills to focus on if you want to make sure you pass the road test:
- Changing lanes and merging safely while riding, including using proper arm signals
- Recognizing and obeying all traffic signs
- Staying under posted speed limits
- Being aware of and following all other traffic regulations
Texas Motorcycle Law FAQs
Here are some of the most common questions we receive at Wilhite Injury Lawyers about Texas’ motorcycle laws:
Can a child ride on the back of a motorcycle in Texas?
While Texas law prohibits anyone under age 5 from riding a motorcycle, it’s more realistic to say children under age 8 or under 4-foot-9 cannot ride a motorcycle. This is because Texas law requires any motor vehicle passenger under age 8 or 4-foot-9 to use a child seat, but motorcycles cannot be equipped with child seats.
Is lane splitting legal in Texas?
Lane splitting is illegal in Texas. But two motorcycles can ride side-by-side in the same lane of traffic, though this is not always safe.
Do you have to wear a helmet on a motorcycle in Texas?
All riders and passengers under age 21 must wear a helmet when riding a motorcycle. Anyone 21 or older must wear a helmet unless they have completed a state-approved motorcycle safety course or have proof that they have at least $10,000 in accident insurance.
What are the penalties for not wearing a motorcycle helmet in Texas?
Failing to wear a helmet is a secondary offense, and being cited for not wearing a helmet can lead to fines and other penalties. The bigger issue with not wearing a helmet is that it leaves you much more vulnerable to a major head injury if an accident occurs.
Will not wearing a helmet affect my motorcycle accident case?
Wearing a helmet could reduce the amount of compensation you receive in a personal injury claim, but it should not prevent you from getting something for the injuries you have suffered. Contact a motorcycle accident attorney if you are worried about how not wearing a helmet could impact your claim.
Hurt in a Wreck? Talk to a Dallas Motorcycle Accident Lawyer Now
The Dallas motorcycle accident attorneys at Wilhite Injury Lawyers know Texas’ motorcycle laws, and we know what it takes to help injured riders seek fair compensation if another party caused their accident. Our lawyers are standing by, ready to take your call and provide you with a free consultation to discuss your legal options. Don’t wait. Reach out to us by phone or online today.
