In Texas, do motorcycle riders have to wear a helmet? Here’s what the law says
In Texas, people might think wearing a helmet while riding a motorcycle is law, but that isn’t always the case.
There are a couple factors that give motorcycle riders a free pass to cruise the highways without a helmet under Texas transportation code chapter 661.
The law says motorcycle riders and drivers under 21 years old must wear a helmet. However, two exemptions allow riders and drivers over 21 not to wear head protection.
- Motorcycle operator training — If they have successfully completed a motorcycle operator training and safety course, they do not have to wear a helmet. To obtain a class M driver license to drive a motorcycle, individuals have to go through a Texas Department of Transportation safety course.
- Insurance coverage — They can forgo wearing a helmet if they have a health insurance plan that can pay for any injuries sustained from riding a motorcycle. Each insurance provider is different with its prices and rates, but as long as the motorcycle rider has proof of health insurance they are free to ride without a helmet.
“A peace officer may not arrest a person or issue a citation to a person for a violation ... 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,” Texas transportation code states.
Drivers and riders of motorcycles under the age of 21 who are not wearing a helmet can be fined up to $50.
While Texans can ride motorcycles without helmets, the Texas Department of Transportation still encourages riders to be safe on the road.
This story was originally published October 27, 2022 at 1:54 PM.
