37 Tex. Admin. Code § 21.6 - Motorcycle Operator and Passengers Protective Headgear Minimum Safety Standards and Exemption for Motorcycle Protective Headgear
(a) The Federal Motor Vehicle Safety
Standard, Number 218, concerning Motorcycle Helmets, and all amendments
thereto, is adopted by the department as the minimum standard for motorcycle
helmets sold for and worn by motorcycle operators and passengers on public
roadways in Texas.
(b) Persons 21
years old or older are exempt from wearing a motorcycle helmet if they:
(1) have successfully completed a motorcycle
operator training course as approved under Texas Transportation Code, Chapter
662; or
(2) are covered by a health
insurance plan providing the person with medical benefits for injuries incurred
as a result of an accident while operating or riding upon a
motorcycle.
(c) A
motorcycle operator training course is any course approved by Texas Department
of Licensing and Regulation (TDLR).
(d) Proof of successful completion of a TDLR
approved motorcycle operator training course is a motorcycle operator training
course completion card. A completion card from another state or military base
indicating that the course attended meets or exceeds the educational standards
of the Motorcycle Safety Foundation is acceptable.
(e) A health insurance plan is defined as an
individual, group, blanket, or franchise insurance policy, insurance agreement,
group hospital services contract, health maintenance organization membership,
or employee benefit plan that provides benefits for health care services or for
medical or surgical expenses incurred as a result of an accident.
(f) The Texas Department of Insurance shall
prescribe a standard proof of health insurance for issuance to persons who are
at least 21 years of age and covered by a health insurance plan described in
subsection (b)(2) of this section.
Notes
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