Motorcycle Helmet Laws in Texas

Texas law states that anyone under the age of 21 driving or riding as a passenger on a motorcycle must wear a helmet.
Written by Andrea Barrett
Edited by Jessica Barrett
background
Although Texas has not passed a universal helmet law for motorcyclists, current
Texas traffic laws
require anyone under the age of 21 riding a motorcycle to wear a helmet. Violating the law can land you a fine of up to $50. 
  • All drivers under 21 must wear a helmet when operating a motorcycle in Texas.
  • You don’t have to wear a helmet if you’re over 21, have completed a motorcycle operator training and safety course, and have health insurance covering motorcycle accidents.
  • DOT stickers are applied to all motorcycle helmets that adhere to federal standards.
  • Not adhering to Texas’ helmet laws is classified as a misdemeanor and can result in a fine of up to $50.

You must wear a motorcycle helmet in Texas

According to
Chapter 661
of the Texas Transportation Code, all persons under 21 must wear protective headgear when driving or riding as a passenger on a motorcycle. 
A Texas DOT sticker will be applied to all helmets that adhere to the NHTSA’s federal motor vehicle safety standards.
But there are a few exceptions to this rule: Under Section 661.003 of the Texas Transportation Code, you do not need to wear a helmet if you meet the exemption requirements.
  • You’re over the age of 21; and 
  • You’ve completed a DOT-approved motorcycle operator training and safety course; and 
  • You are covered by a health insurance plan that covers motorcycle accident injuries.
Keep in mind: If you’re 21 and over and not wearing an approved helmet on your motorcycle, you’ll need to be able to show proof that you’ve completed a motorcycle operator training and safety course or proof of having medical insurance coverage.

You’ll face fines for breaking the Texas motorcycle helmet law

You’ve committed an offense if you operate or ride as a passenger on a motorcycle on a public roadway or highway without wearing protective headgear that meets state safety standards.
Breaking the Texas motorcycle helmet law is a misdemeanor and can result in a fine of up to $50.

Motorcycle helmets offer serious safety benefits

Just as car drivers are required to wear a seatbelt for safety, motorcycle drivers should wear protective headgear to prevent traumatic brain injuries and/or fatality in the case of a car accident. 
Wearing a helmet can make the difference between life and death.
  • According to the
    Texas Department of Transportation
    , there was a whopping 17% increase in Texas motorcycle fatalities from 2019 to 2020
  • In 2019, 482 motorcyclists died from crashes, accounting for 12% of all traffic fatalities statewide
  • Of the 7,481 motorcycle crashes in Texas in 2020, 1,856 motorcyclists had serious injuries and 482 were killed
  • On average, one motorcyclist dies every day from motorcycle accidents in Texas
And according to 2009 data from the National Highway Traffic Safety Administration (NHTSA), driving without a helmet can double the risk of a serious or even fatal injury. 
Remember: Motorcycle drivers and passengers don’t have the same protection as drivers in vehicles. Staying alert and wearing protection can help you avoid head injuries and safely reach your destination.

FAQs

It depends on your age. Chapter 661 of the Texas Transportation Code states that anyone under 21 must wear protective headgear when driving or riding as a passenger on a motorcycle. 
Drivers over 21 don’t have to wear a helmet if they have completed an approved motorcycle safety course and are covered by health insurance coverage that provides medical benefits for injuries incurred due to motorcycle accidents. 
You can ride as a passenger on a motorcycle in Texas without a license as long as there’s a passenger seat—but it’s illegal to operate a motorcycle without a valid Class M
Texas motorcycle license
and the proper
Texas car insurance
Passengers under the age of 5 are not permitted on motorcycles in the state of Texas.
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