Sec. 545.416. RIDING ON MOTORCYCLE OR MOPED. (a) An operator of a motorcycle or moped shall ride on the permanent and regular seat attached to the motorcycle or moped.
(b) An operator may not carry another person on the motorcycle or moped, and a person who is not operating the motorcycle or moped may not ride on the motorcycle or moped, unless the motorcycle or moped is:
(1) designed to carry more than one person; and
(2) equipped with footrests and handholds for use by the passenger.
(c) If the motorcycle or moped is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle or moped behind or to the side of the operator.
(d) Except as provided by Subsection (e), an operator may not carry another person on a motorcycle or moped unless the other person is at least five years of age. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. It is a defense to prosecution under this subsection that the operator was operating the motorcycle or moped in an emergency or for a law enforcement purpose.
(e) Subsection (d) does not prohibit an operator from carrying on a motorcycle or moped a person younger than five years of age who is seated in a sidecar attached to the motorcycle or moped.
(f) For purposes of Subsections (c) and (d), an autocycle as defined by Section 501.008 is considered to be a motorcycle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1257 (H.B. 537), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 67 (S.B. 449), Sec. 5, eff. May 22, 2015.
Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 2.07, eff. September 1, 2019.
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