Tuesday, February 14, 2012

New Motorcycle Laws Roll Into Texas September 1, 2009

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

HOUSTON—On June 19, 2009, Governor Rick Perry signed into law Senate Bill 1967 (SB1967) of the 81st Regular Legislative Session. This law became effective September 1, 2009, and includes many motorcycle-related changes that affect all riders.

First, the bill requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.

Former law required a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. SB1967 removes that minimum amount, and requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The terms "health insurance plan" refer to 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.

Further, SB1967 prohibits a peace officer from stopping or detaining a person who is the operator of, or passenger on, a motorcycle for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course, or is covered by a motorcycle health insurance plan and repeals provisions relating to a DPS-issued sticker required to be displayed on a motorcycle by a motorcycle owner.

Also included in the bill is an amended definition of “motorcycle”, which now includes certain enclosed three-wheeled passenger vehicles, and new licensing requirements for said vehicles. The law also mandates increased penalties for failure to yield the right-of-way violations resulting in bodily injury and serious bodily injury, to ranges of $500 to $2,000, and $1,000 to
$4,000, respectively

Lastly, SB1967 solicits funding from the Texas Department of Transportation (TXDOT) for a public awareness campaign to promote motorcycle safety and the concept of sharing the road with motorcyclists. This initiative is an extension of the “Look, Learn, Live” campaign introduced in 2008. The law also requires that all driver education courses and driver safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and how to safely share the road with motorcyclists.
For more information on SB1967 as it pertains to motorcycle laws in Texas, please visit the Texas Department of Public Safety’s website at:

http://www.txdps.state.tx.us/director_staff/public_information/pr081109.pdf

Author: Sullo & Sullo Attorneys

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