The following information is NOT meant as legal advice. Please contact your legal advisor for exact interpretation of the law.

 

 

On June 19, 2009 Governor Perry signed into law SB 1967 which becomes effective September 1, 2009. This bill has several changes to the laws regarding motorcycle safety. Following is our understanding of the various segments as provided by Texas Department of Public Safety - Motorcycle Safety Unit.

 

MSF Basic RiderCourse Now Required

 One of the most sweeping changes is to the application for a motorcycle license in Texas. As of Sept. 1, 2009, anyone wanting a NEW motorcycle license will be REQUIRED to complete an MSF Basic RiderCourse (BRC) beforehand. This will NOT affect anyone that already has a valid motorcycle license.

 

Additionally, concern has been expressed about the number of motorcycle riders that are riding dirty (without a valid license). It has been estimated that approximately 40% of riders do not have their license. With the BRC now being mandatory, that number is likely to increase. During a recent meeting of the Texas Motorcycle Safety Coalition Board, several suggestions were discussed to combat this trend.

 

One suggestion was to begin impounding the motorcycles of riders pulled over without a license. Currently, about once a month, our school receives a call from someone that had this happen. In some cases, the rider was also arrested on the spot. My last student reported spending almost $800 by the time he was finished.

 

The message? If you’re riding dirty, get it taken care of now. Until Sept. 1, you can still go down and take the written and riding test at your local DPS office to get your license. Otherwise, get enrolled in a BRC asap which can bypass the driving test.

 

Changes to Helmet Exemption

SB 1967 also removes the $10,000 minimum amount of health insurance for not wearing a helmet. In order to be exempt from wearing a helmet in Texas (as of Sept. 1), you must have health insurance (any amount) or have completed a Basic RiderCourse or Experienced RiderCourse.

 

The helmet exemption sticker for the license plate will now be gone. Be sure and carry your health insurance card or a copy of your MSF completion card with you. Law Enforcement Officers may no longer pull you over to check helmet exemption status if you do not have a helmet exemption sticker displayed.

 

Raises the Penalties for Failure to Yield Right-of-Way Resulting in an Accident

Very simply, if a vehicle fails to yield the right-of-way which causes an accident, the penalties for doing so have been raised.

Motorcycle Education mandatory in Driver's Education and Driving Safety Courses
The Texas Education Agency (TEA) will now be required to include motorcycle awareness, road sharing and the dangers of failing to yield to motorcyclists in any driver education or driving safety courses.

Promoting Motorcycle Safety
Requires TxDOT to conduct a continuing public awareness campaign to promote motorcycle safety and sharing the road with motorcycles, using funds appropriated for that purpose.

Other Changes
• Requires TxDOT to provide new licensees with information about the Glenda Dawson Donate Life - Texas Registry Progam.
• Expands the definition of a motorcycle to include enclosed three wheeled vehicles with FMVSS compliant safety equipment.