LAWS & INFORMATION
AFFECTING
MOTORCYCLES
& TRIKES
The American Motorcyclist Association provides a lot of information affecting motorcyles and trikes.
Click buttons to go on AMA website
The Motorcycle Riders Foundation is chiefly concerned with issues at the national and international levels that impact the freedom and safety of American street motorcyclists.
MISSOURI
Did you know that Missouri, which has had a helmet law forever, is considering repealing the helmet law during the month of August, so they can cash in on all the bikers traveling to Sturgis who refuse to ride in a helmet state? That is the type of information our members need to know. Our first national trike meet is going to be held in Arkansas, which is a helmet free state. All our Missouri members need to pass that information along to their legislators reminding them of all the revenue Missouri is missing out on because people refuse to ride in a state that has a helmet law. In this case, even if you aren't from Missouri, you voice needs to be heard and will be counted since yours are the tourist dollars that will be spent in Arkansas rather than Missouri. You can send them an email on their website to the Missouri Department of Tourism and I can guarantee you the message will get to the people who need to hear it.
Jim Sickler
TEXAS
Texas has passed some new laws about registering trikes that no one understands, even the people who work at the Department of Motor Vehicles. If you call four different people, you get four different answers about registering a new home-made trike or transferring one from out of state or just doing a simple in-state sale. It has put a lot of people in limbo and pretty much stopped anyone from buying or attempting to register a trike that is not from a registered trike manufacturer. People are even worried about being able to renew their license plate when it expires. There are a lot of road-worthy trikes that could pass an inspection just sitting around because no one knows what to do with them. Texas needs to have a trike category that is a special category and does not matter if you started building from a regular automobile or a fabricated frame. As long as it can pass an inspection, it should qualify to be registered as a trike. People have been told that you can build a trike and register it, but you will be legally responsible for it as long as it is on the highway, regardless of who owns it and what they might do to it. No one wants to assume that much liability for someone else's actions. Some have been told that a salvage title will no longer be accepted to register a trike. Others have been told that you must have a vin number to register a trike and if you buy a trike with a lost title, you are out of luck. There are rumors that this was all put into place because of a trike manufacturer who does not want any home-made trikes on the road. While the new laws concerning titling and registering a trike in Texas are still causing nightmares for trikers there, Texas has come up with a new set of laws that will affect all motorcyclists in the state. If you live in Texas, or are planning on ever riding there, you might want to do a search on "Malorie’s Law in Texas" to get an idea of what the laws are. What I find really interesting is that, according to the Texas legislators, the law is open to interpretation by any law enforcement officer. Meaning that they can give you a ticket first and let you sort it out in court later.
Following is the actual Malorie's Law in Texas:
H.B. No. 3838
AN ACT
relating to motorcycle equipment and training and the license
requirements for a three-wheeled motorcycle; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Malorie's Law.
SECTION 2. Section 521.148(a), Transportation Code, is
amended to read as follows:
(a) An applicant for an original Class M license or Class A,
B, or C driver's license that includes an authorization to operate a
motorcycle must furnish to the department evidence satisfactory to
the department that the applicant has successfully completed a
[basic] motorcycle operator training course approved by the
department under Chapter 662. The department shall issue a Class M
license that is restricted to the operation of a three-wheeled
motorcycle if the motorcycle operator training course completed by
the applicant is specific to the operation of a three-wheeled
motorcycle.
SECTION 3. Section 545.416(b), Transportation Code, is
amended to read as follows:
(b) An operator may not carry another person on the
motorcycle, and a person who is not operating the motorcycle may not
ride on the motorcycle, unless the motorcycle is:
(1) designed to carry more than one person; and
(2) equipped with footrests and handholds for use by
the passenger.
SECTION 4. Effective January 1, 2015, Subchapter K, Chapter
547, Transportation Code, is amended by adding Section 547.617 to
read as follows:
Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED.
A motorcycle that is designed to carry more than one person must be
equipped with footrests and handholds for use by the passenger.
SECTION 5. Section 662.002(b), Transportation Code, is
amended to read as follows:
(b) The program:
(1) shall contain information regarding operating a
motorcycle while carrying a passenger; and
(2) may [shall] include curricula developed by the
Motorcycle Safety Foundation.
SECTION 6. Section 662.006, Transportation Code, is amended
to read as follows:
Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A
person may not offer or conduct training in motorcycle operation
for [a] consideration unless the person is licensed by or contracts
with the designated state agency.
(b) A person who violates Subsection (a) commits an offense.
An offense under this subsection is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted of
an offense under this section.
SECTION 7. Section 662.008(b), Transportation Code, is
amended to read as follows:
(b) Following denial, suspension, or cancellation of
[Before the designated state agency may deny, suspend, or cancel]
the approval of a program sponsor or an instructor, notice and
opportunity for a hearing must be given as provided by:
(1) Chapter 2001, Government Code; and
(2) Chapter 53, Occupations Code.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. Except as otherwise provided by this Act, this
Act takes effect September 1, 2013.
Jim Sickler & Firstmate
A new law came into effect in May dropping the requirement that a three-wheeled vehicle have a motorcyce seat to be classified as a motorcycle. Go to the news release at http://www.foxnews.com/leisure/2015/05/27/new-law-legalizes-three-wheel-polaris-slingshot-in-texas/?intcmp=features
TEXAS
S.B. No. 449
AN ACT
relating to the titling, registration, and operation of an
autocycle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 501, Transportation Code,
is amended by adding Section 501.008 to read as follows:
Sec. 501.008. TITLE FOR AUTOCYCLE. (a) In this section,
"autocycle" means a motor vehicle, other than a tractor, that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of issuing a title under this chapter, an
autocycle is considered to be a motorcycle.
SECTION 2. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.004 to read as follows:
Sec. 502.004. REGISTRATION OF AUTOCYCLE. (a) In this
section, "autocycle" means a motor vehicle, other than a tractor,
that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of registering a vehicle under this
chapter, an autocycle is considered to be a motorcycle.
SECTION 3. Section 521.084, Transportation Code, is amended
to read as follows:
Sec. 521.084. CLASS M LICENSE. A Class M driver's license
authorizes the holder of the license to operate a motorcycle or
moped as defined by Section 541.201.
SECTION 4. Section 521.085(b), Transportation Code, is
amended to read as follows:
(b) Subsection (a) does not prohibit a license holder from
operating a lesser type of vehicle that is a motorcycle described by
Section 521.001(a)(6-a) or an autocycle as defined by Section
501.008.
SECTION 5. Section 545.416, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) For purposes of Subsections (c) and (d), an autocycle as
defined by Section 501.008 is considered to be a motorcycle.
SECTION 6. Section 547.617, Transportation Code, is amended
to read as follows:
Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED.
(a) A motorcycle that is designed to carry more than one person
must be equipped with footrests and handholds for use by the
passenger.
(b) This section does not apply to an autocycle as defined
by Section 501.008 or a motorcycle as defined by Section
521.001(a)(6-a).
SECTION 7. Chapter 661, Transportation Code, is amended by
adding Section 661.0015 to read as follows:
Sec. 661.0015. PROTECTIVE HEADGEAR FOR AUTOCYCLE. (a) In
this section, "autocycle" means a motor vehicle, other than a
tractor, that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of this chapter, an autocycle is considered
to be a motorcycle.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
____________________________________________________________
President of the SenateSpeaker of the House
I hereby certify that S.B. No. 449 passed the Senate on April
9, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 449 passed the House on May 8,
2015, by the following vote: Yeas 142, Nays 0, two present not
voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor
A major change in laws regarding the carrying of handguns occurred January 1, 2016. Forty-six states now allow open carry. An open-carry gun must be carried in a shoulder or waist holster. Concealed handgun rules remain the same and are not affected by the open carry law except that the concealed handgun permit now allows it to be visible if carried in a shoulder or waist holster. New licenses will be Permit to Carry and are issued by individual states. It is sometimes hard to figure out which other states recognize the permit from a particular state. A map from the NRA will make it easier to figure out what states a licensee is allowed to travel in with a legal gun and permit. Click red link button above and choose a state for regulations and reciprocity with other states. Illinois is the only state in the US that does not allow concealed handgun permits and does not recognize permits from any other state. It has one of the highest USA death rates from shootings.
