Texas Motorcycle Passenger Laws

You can carry a child passenger of any age, size and weight in a regular motor vehicle with the proper child safety restraint system. Texas has strict laws in place, however, for carrying child passengers on motorcycles. Child passengers can be at extreme risk of injury on motorcycles. For this reason, some states restrict who can ride on a motorcycle according to age. Texas is one of five states with a minimum age rule on motorcycle passengers.

How Old Must the Motorcycle Passenger Be?

It is against state law in Texas to ride a motorcycle with a passenger who is under the age of five years old. This law came into effect on September 1, 2009, with the passing of Texas House Bill 537. The bill states that it is a breach of the law to carry a passenger on a motorcycle unless that passenger is at least five years old. A person cannot carry a child under five on a motorcycle unless one of a few limited exceptions applies.

Are There Exceptions to the Rule?

HB 537 includes a few exceptions to the minimum motorcycle passenger age limit. A motorcycle operator may carry a passenger under the age of five if it is an emergency or if it is for law enforcement purposes. In these situations, the operator may not face penalties for having a younger child on a motorcycle. A child under five years old may also ride in a sidecar if the motorcycle has one attached.

What Equipment Must the Motorcycle Have?

If the passenger is old enough to lawfully ride, the passenger must have his or her own seat and footrests. Malorie’s Law (HB 3838) also makes it a requirement for motorcycle passengers to have handholds. The motorcycle must have handholds, bars or something else for the passenger to hold onto while riding. No passengers, children or adults, may ride in front of the adult operating the motorcycle. They must sit behind the operator or in a sidecar.

All motorcycle operators and their passengers under 21 years of age must wear motorcycle helmets. Texas’ motorcycle helmet law requires approved safety helmets for all motorcyclists and their passengers under the age of 21. Riders over the age of 21 may only stop wearing helmets if they have enough insurance and have passed a safety training course. The motorcyclist or passenger must have a minimum of $10,000 in health insurance to qualify as an exception to the state’s helmet law.

What Are the Penalties for Carrying an Illegal Motorcycle Passenger?

If a motorcyclist carries a child younger than five years old on a motorcycle without an emergency or law enforcement defense, it is a misdemeanor offense. The penalty for doing so is a fine of $100 to $200. If a rider breaks other motorcycle passenger rules in Texas, he or she could face traffic infractions and fines. If the motorcyclist crashes while breaking one of Texas’ passenger rules, he or she could be liable for the passenger’s injuries or death. Civil liability will mean the negligent party owes the victim or surviving loved ones financial compensation.

Even if the motorcyclist did not cause the accident, he or she could be at least partially liable for a passenger’s damages if the operator violated one of the state’s passenger laws and this contributed to the injuries. If a child passenger was too young to ride, for example, the child’s parents may be able to bring a claim against the operator for unlawfully taking the child for a ride. Civil liability means the motorcyclist’s insurance company will have to pay for damages.

If the motorcyclist was obeying the state’s passenger laws, the negligent driver that caused the collision could be fully responsible for damages instead. Injured victims or parents should work with Houston motorcycle accident lawyers to discuss their monetary recovery options after harmful accidents.