STATUTE:
Title 7. Vehicles and Traffic. Subtitle G. Motorcycles and All-Terrain Vehicles. Chapter 661. Protective Headgear for Motorcycle Operators and passengers. Section 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 a defense to prosecution under this section that at the time the offense was committed, the person required to wear protective headgear:
"(1) was at least 18 years old; and
"(2) presented a medical exemption complying with Subsection (d) to the peace officer who arrested the person.
(d) Only a practicing physician licensed by the Texas State Board of Medical Examiners may issue a medical exemption and the physician may issue the medical exemption only to a person who has an acute head or facial injury that would be worsened if the person wore protective headgear. The medical exemption must be on a form prescribed by the department and expires on the 10th day after the date it is issued. . . ."
The N E W Texas Helmet Law,
to be enacted September 1, 1997.
S.B.No. 99
AN ACT
1-1 relating to the wearing of protective headgear by certain
1-2 motorcycle operators and passengers and to a driver's license that
1-3 authorizes the operation of a motorcycle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.421, Transportation Code, is amended
1-6 by amending Subsections (b) and (e) and adding Subsection (f) to
1-7 read as follows:
1-8 (b) The fee for renewal of a Class M license or for renewal
1-9 of a license that includes authorization to operate a motorcycle is
1-10 $21.
1-11 (e) An applicant who changes from a lower to a higher class
1-12 of license or who adds a type of vehicle other than a motorcycle to
1-13 the license shall pay a $10 fee for the required examination.
1-14 (f) An applicant applying for additional authorization to
1-15 operate a motorcycle shall pay a $15 fee for the required
1-16 application.
1-17 SECTION 2. Section 522.029, Transportation Code, is amended
1-18 by amending Subsections (a) and (d) and adding Subsections (f) and
1-19 (g) to read as follows:
1-20 (a) The fee for a commercial driver's license or commercial
1-21 driver learner's permit issued by the department is $40, except as
1-22 provided by Subsection (f).
1-23 (d) An applicant who is changing a class of license,
2-1 endorsement, or restriction or who is adding a class of vehicle
2-2 other than a motorcycle to the license must pay a fee of $10 for
2-3 the examination, except for a renewal or original issuance of a
2-4 commercial driver's license.
2-5 (f) The fee for renewal of a commercial driver's license or
2-6 a commercial driver learner's permit that includes authorization to
2-7 operate a motorcycle is $45.
2-8 (g) An applicant who is applying for additional
2-9 authorization to operate a motorcycle shall pay a fee of $15 for
2-10 the examination.
2-11 SECTION 3. Section 661.003, Transportation Code, is amended
2-12 to read as follows:
2-13 Sec. 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE
2-14 HEADGEAR. (a) A person commits an offense if the person:
2-15 (1) operates or rides as a passenger on a motorcycle
2-16 on a public street or highway; and
2-17 (2) is not wearing protective headgear that meets
2-18 safety standards adopted by the department.
2-19 (b) A person commits an offense if the person carries on a
2-20 motorcycle on a public street or highway a passenger who is not
2-21 wearing protective headgear that meets safety standards adopted by
2-22 the department.
2-23 (c) It is an exception to the application of Subsection (a)
2-24 or (b) [a defense to prosecution under this section] that at the
2-25 time the offense was committed, the person required to wear
3-1 protective headgear[:]
3-2 [(1)] was at least 21 [18] years old[;] and had
3-3 successfully completed a motorcycle operator training and safety
3-4 course under Chapter 662 or was covered by a health insurance plan
3-5 providing the person with at least $10,000 in medical benefits for
3-6 injuries incurred as a result of an accident while operating or
3-7 riding on a motorcycle [(2) presented a medical exemption
3-8complying with Subsection (d) to the peace officer who arrested the
3-9person].
3-10 (d) The Department of Public Safety shall issue a sticker to
3-11 a person who:
3-12 (1) applies to the department on a form provided by
3-13 the department;
3-14 (2) provides the department with evidence satisfactory
3-15 to the department showing that the person:
3-16 (A) is the owner of a motorcycle that is
3-17 currently registered in this state; and
3-18 (B) has successfully completed the training and
3-19 safety course described by Subsection (c) or has the insurance
3-20 coverage described by that subsection; and
3-21 (3) pays a fee of $5 for the sticker [Only a
3-22practicing physician licensed by the Texas State Board of Medical
3-23Examiners may issue a medical exemption and the physician may issue
3-24the medical exemption only to a person who has an acute head or
3-25facial injury that would be worsened if the person wore protective
4-1headgear. The medical exemption must be on a form prescribed by
4-2the department and expires on the 10th day after the date it is
4-3issued].
4-4 (e) A person may apply to the Department of Public Safety
4-5 for a sticker for each motorcycle owned by the applicant.
4-6 (f) A sticker issued by the Department of Public Safety
4-7 under Subsection (d) expires on the third anniversary of the date
4-8 of issuance.
4-9 (g) A person operating or riding as a passenger on a
4-10 motorcycle that displays on the license plate of the motorcycle or
4-11 the license plate mounting bracket a sticker issued by the
4-12 Department of Public Safety under Subsection (d) is presumed to
4-13 have successfully completed the training and safety course
4-14 described by Subsection (c) or to have the insurance coverage
4-15 described by that subsection.
4-16 (h) An offense under this section is a misdemeanor
4-17 punishable by a fine of not less than $10 or more than $50.
4-18 (i) In this section, "health insurance plan" means an
4-19 individual, group, blanket, or franchise insurance policy,
4-20 insurance agreement, evidence of coverage, group hospital services
4-21 contract, health maintenance organization membership, or employee
4-22 benefit plan that provides benefits for health care services or for
4-23 medical or surgical expenses incurred as a result of an accident.
4-24 SECTION 4. Chapter 662, Transportation Code, is amended by
4-25 adding Section 662.011 to read as follows:
5-1 Sec. 662.011. MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of
5-2 each fee collected under Sections 521.421(b) and (f), Sections
5-3 522.029(f) and (g), and Section 661.003(d), the Department of
5-4 Public Safety shall send $5 to the comptroller for deposit to the
5-5 credit of the motorcycle education fund account.
5-6 (b) Money deposited to the credit of the motorcycle
5-7 education fund account may be used only to defray the cost of
5-8 administering the motorcycle operator training and safety program.
5-9 SECTION 5. (a) In addition to the new changes in law made
5-10 by this Act, this Act conforms the Transportation Code to the
5-11 changes in law made by:
5-12 (1) Subdivision (38), Section 1, Chapter 1058, Acts of
5-13 the 74th Legislature, 1995; and
5-14 (2) Section 1, Chapter 539, Acts of the 74th
5-15 Legislature, 1995.
5-16 (b) Section 1, Chapter 539, Acts of the 74th Legislature,
5-17 1995, is repealed.
5-18 (c) To the extent of any conflict, this Act prevails over
5-19 another Act of the 75th Legislature, Regular Session, 1997,
5-20 relating to nonsubstantive additions to and corrections in enacted
5-21 codes.
5-22 SECTION 6. (a) This Act takes effect September 1, 1997.
5-23 (b) The changes in law made by Sections 1 and 2 of this Act
5-24 to a fee that an applicant under Chapters 521 and 522,
5-25 Transportation Code, must pay apply only to a person who applies to
6-1 the Department of Public Safety on or after September 1, 1997, for
6-2 renewal of a Class M driver's license or for the addition to the
6-3 person's driver's license or commercial driver learner's permit or
6-4 driver's license of authorization to operate a motorcycle. The fee
6-5 required of a person who applies to the Department of Public Safety
6-6 before September 1, 1997, for renewal of a Class M driver's license
6-7 or for the addition of authorization to operate a motorcycle is
6-8 covered by the law in effect on the date the person applied to the
6-9 Department of Public Safety, and the former law is continued in
6-10 effect for that purpose.
6-11 (c) The changes in law made by Section 3 of this Act apply
6-12 only to an offense committed on or after September 1, 1997. An
6-13 offense committed before September 1, 1997, is covered by the law
6-14 in effect when the offense was committed, and the former law is
6-15 continued in effect for that purpose. For purposes of this
6-16 subsection, an offense was committed before September 1, 1997, if
6-17 any element of the offense occurred before that date.
6-18 SECTION 7. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.S.B. No. 99
We would be more excited about this, but these 21-year-old exemption/modifications constitute a trend of discrimination against our own kind which we at the Helmet Law Defense League believe bikers should start thinking about. We also have a real problem with the acceptance of special provisions for insurance, special fees and/or any other legislation that requires bikers to apologize for themselves. There was a time when the biker brotherhood stood for more than a little temporary relief from an oppressive bureaucracy at the expense of others. The mark of a great politician is one who doesn't do it to us, but gets us to do it to ourselves. Texas bikers are the last bikers we ever expected to see get caught in that particular snare. --quig
FINE:
STANDARDS:
We are currently researching the Texas regulations to determine exactly what standard the "department" has adopted to define "protective headgear". When we get an answer, you will find it here.
COURT DECISIONS:
COMMENTARY:
If a state, any state, cannot answer the question: "How can a motorcyclist comply, that state's statute(s) requiring the wearing of Although the Texas Legislature may believe that they can authorize department to adopt standards defining protective headgear, the department is confined, by law, to adopting only those standards established by the National Highway Traffic Safety Administration.
If the department has exceeded his authority and adopted anything other than Federal Motor Vehicle Standard (FMVSS) 218, the Texas helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten, 568 F.Supp. 714 (1983))
If the director has adopted FMVSS 218, which the law insists that he ultimately must, the Texas helmet law is thereby rendered unconstitutionally vague and can be challenged on that basis, and removed. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994)) We believe that if you will write to the Department of Transportation for Texas and ask how to comply with the helmet law, "with certainty", someone can take whatever answer (or, more likely, a refusal to answer) to the courts, and Texas bikers will be 100% FREE of the helmet law!
Title 7. Vehicles and Traffic. Subtitle G. Motorcycles and All-Terrain Vehicles. Chapter 661. Protective Headgear for Motorcycle Operators and passengers. Section 661.003. Offenses Relating to Not Wearing Protective Headgear. :
". . .(e) An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $50."
Title 7. Vehicles and Traffic. Subtitle G. Motorcycles and All-Terrain Vehicles. Chapter 661. Protective Headgear for Motorcycle Operators and passengers. Section 661.003. Offenses Relating to Not Wearing Protective Headgear. :
"(a)(2) . . . protective headgear that meets safety standards adopted by the department."
We have been unable to uncover any court decision from a court of record, either from the Texas Appellate or Supreme Courts, which indicates that the question of whether or not Texas's helmet law is constitutional has not been addressed in the courts.
From our beginning in 1993, it has been the position of the Helmet Law Defense League that all helmet laws are unconstitutional , in the absence of clear guidelines on how to comply with the statute -- like with a list of "approved helmets."
NO LIST? NO LAW!
with certainty ,
with the provisions of the helmet law?"
a "helmet," "safety helmet," or "protective headgear"
is unconstitutionally vague.
Questions or Comments or go back to United States Map | Main Page.
Last updated: May, 1997
© Copyright 1997 HLDL. All Rights Reserved.
Webmaster: quig