Transportation Code · §661.003

Equipment

Equipment is covered under §661.003 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Under 21: helmet required; 21+: helmet required unless trained operator OR $10k+ medical insurance; Officers may not stop solely to verify exemption.

Elements you must prove

  • Under 21: helmet required
  • 21+: helmet required unless trained operator OR $10k+ medical insurance
  • Officers may not stop solely to verify exemption

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Worked examples

Worked example 1

A motorcycle operator is required to wear a helmet under §661.003 unless the operator:

  1. Is over 16
  2. Is at least 21 AND has completed a motorcycle operator training course OR is covered by a health insurance plan providing at least $10,000 in coverage for injuries from a motorcycle accident Correct
  3. Owns the motorcycle
  4. Has a CDL
Why: Helmets required for under-21 operators always. For 21+, a helmet is required unless the rider has completed an approved training course OR has at least $10,000 of medical insurance coverage for motorcycle accidents. Officers may not stop a rider solely to verify helmet exemption.
Statute: Tex. Transp. Code §661.003

Statutory definitions for this topic

Helmet requirement (motorcycles) Tex. Transp. Code §661.003
Motorcycle operators under 21 must wear a helmet. Operators 21+ must wear a helmet UNLESS they have completed a motorcycle operator training course OR are covered by health insurance providing at least $10,000 for motorcycle accident injuries. Officers may not stop solely to verify exemption.