Texas House of Representatives Passes “Sport Bike” Law
Could establish dangerous precedent for Texas motorcyclists
On May 4th the House passed House bill 2470, which defines “sport bikes” as a separate class of motorcycles and places special restrictions on the operators of “sport bikes”. The bill would also require motorcycles designed to carry more than one person to be equipped with passenger foot pegs and handholds for use by the passenger.
While the requirement for passenger accommodations is redundant (these requirements are addressed in federal regulation) the AMA is most concerned by the state’s arbitrary definition of “sport bike” and the potential of establishing a dangerous precedent of regulating motorcycles and motorcyclists differently based on this definition.
The bill’s definition of “sport bike” is so broad that it may even be counterproductive to motorcycle safety. In a position statement, the Motorcycle Industry Council (MIC) observed that,
There are small displacement (250 cc) motorcycles that, because of the vague and subjective criteria proposed, would be included in the definition of “sport bike” that are as appropriate, or more so, for novice riders than certain other larger displacement motorcycles that create much more horsepower yet would not fall under the “sport bike” definition and therefore not have restrictions placed on them.
HB 2470 is currently in the state Senate.
The AMA encourages all Texas motorcyclists to review the legislation which is posted on the StateWatch section of AmericianMotorcyclist.com and contact their state senator with their concerns.
Legislative Summary
BACKGROUND AND PURPOSE
Sport bikes are high-powered motorcycles that are becoming increasingly popular in Texas. These bikes can reach very high speeds, and when used improperly, can be dangerous. With the high speed and maneuverability of these bikes, it is important that the bikes are properly equipped to support passengers, that passengers are knowledgeable of motorcycle safety regulations, and that the sport bike operators have sufficient experience before carrying a passenger on the bike. C.S.H.B. 2470 sets out regulations relating to the operation of sport bikes.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2470 amends the Transportation Code to include a sport bike as a motorcycle for the purpose of a provision of law establishing that a Class M driver's license authorizes the holder of the license to operate a motorcycle or a moped. The bill prohibits an operator, in addition to the requirements and prohibitions under provisions of law relating to riding a motorcycle, from carrying another person on a sport bike unless the sport bike is designed to carry more than one person and the operator is at least 18 years of age and has had a Class M license for at least two years or unless the other person is at least 18 years of age and holds a Class M license or is a certified motorcycle operator training and safety course instructor. The bill requires an operator of a sport bike to ensure that a passenger on the sport bike complies with all Department of Public Safety regulations relating to motorcycle safety. The bill requires a sport bike designed to carry more than one person to be equipped with foot pegs and handholds for use by a passenger on the sport bike.
C.S.H.B. 2470 defines "sport bike" to mean a motorcycle that is optimized for speed, acceleration, braking, and maneuverability on paved roads; that has a lightweight frame; on which the operator leans forward over the gas tank during operation; and that is not a touring, cruising, standard, or dual-sport motorcycle. The bill includes a sport bike in the definition of "motorcycle" for purposes of provisions of law relating to protective headgear for motorcycle operators and passengers.
C.S.H.B. 2470 provides a short title, Malorie's Law, for purposes of citing its provisions. The bill makes a conforming change.
EFFECTIVE DATE
September 1, 2011.
COMPARISON OF ORIGINAL AND SUBSTITUTE
C.S.H.B. 2470 differs from the original in nonsubstantive ways in the provision defining "sport bike." The substitute differs from the original in other nonsubstantive ways by using language reflective of certain bill drafting conventions.
__________________
http://firstladiesoftheroundtable.org/MaloriesLaw.aspx
Malorie Elise Bullock, a 19 years of age Honor’s College student at Texas A&M University of Commerce, tragically lost her life April 8th 2010, while a passenger on a light weight motorcycle (crotch rocket). This petition is to help prevent further injury or death as a result of being a passenger on light weight motorcycles.
Riders and passengers of light weight motorcycles are required to obtain a permit for carrying a passenger or being a passenger on these motorcycles. Riders carrying passengers may only be experienced riders with the knowledge of changes and adjustments which are needed to carry passengers. A knowledge written test and rider’s skills test will be required, with a passing score, to obtain a passenger permit.
Riders and passengers will be ticketed when either one or both do not have a permit for passengers while riding on the light weight motorcycles.
Malorie's Law
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of sport bikes and certain other
motorcycles.
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 521.084, 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,
including a sport bike as defined by Section 541.201, or a moped.
SECTION 3. Section 541.201, Transportation Code, is amended
by adding Subdivision (18-a) to read as follows:
(18-a) "Sport bike" means a motorcycle:
(A) that is optimized for speed, acceleration,
braking, and maneuverability on paved roads;
(B) that has a lightweight frame;
(C) on which the operator leans forward over the
gas tank during operation; and
(D) that is not a touring, cruising, standard, or
dual-sport motorcycle.
SECTION 4. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4161 to read as follows:
Sec. 545.4161. OPERATION OF SPORT BIKE. (a) In addition to
the requirements and prohibitions under Section 545.416, an
operator may not carry another person on a sport bike unless the
sport bike is designed to carry more than one person and:
(1) the operator:
(A) is at least 18 years of age; and
(B) has had a Class M license for at least two
years; or
(2) the other person:
(A) is at least 18 years of age and holds a Class
M license; or
(B) is a motorcycle operator training and safety
course instructor certified under Chapter 662.
(b) An operator of a sport bike shall ensure that a
passenger on the sport bike complies with all department
regulations relating to motorcycle safety.
SECTION 5. The heading to Subchapter M, Chapter 547,
Transportation Code, is amended to read as follows:
SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR
MOTORCYCLES, [AND] MOTOR-DRIVEN CYCLES, AND SPORT BIKES
SECTION 6. Subchapter M, Chapter 547, Transportation Code,
is amended by adding Section 547.803 to read as follows:
Sec. 547.803. SAFETY EQUIPMENT. If a motorcycle, including
a sport bike, is designed to carry more than one person, the
motorcycle must be equipped with foot pegs and handholds for use by
a passenger on the motorcycle.
SECTION 7. Section 661.001(1), Transportation Code, is
amended to read as follows:
(1) "Motorcycle" means a motor vehicle designed to
propel itself with not more than three wheels in contact with the
ground, and having a saddle for the use of the rider. The term
includes a sport bike, as defined by Section 541.201. The term does
not include a tractor or a three-wheeled vehicle equipped with a cab
or occupant compartment, seat, and seat belt and designed to
contain the operator in the cab or occupant compartment.
SECTION 8. This Act takes effect September 1, 2011.
It sounds like the same morons who wrote the assault rifle definition years ago wrote this anti-motorcycle bill.
The way I read it was to give your girlfriend or SO a ride she has to have her class M license OR YOU have to have your class M license for at least 2 years.
The bill prohibits an operator, in addition to the requirements and prohibitions under provisions of law relating to riding a motorcycle, from carrying another person on a sport bike unless the sport bike is designed to carry more than one person and the operator is at least 18 years of age and has had a Class M license for at least two years or unless the other person is at least 18 years of age and holds a Class M license or is a certified motorcycle operator training and safety course instructor.
Just another 'feel-good', 'do-something' law designed to protect us from ourselves...
Just another 'feel-good', 'do-something' law designed to protect us from ourselves...+1
The way I read it was to give your girlfriend or SO a ride she has to have her class M license OR YOU have to have your class M license for at least 2 years. I don't know how it works in Texas, but here in Ohio while you have your temp learning permit, you cannot have a passenger (along with other stipulations as well). Also, during your first year of having your license, you and your passenger are required to wear a helmet (why you would not wear helmet is beyond me, I happen to like my brain). I don't like putting different restrictions on different types of motorcycles.
. . . or to protect passengers from idiot stuntah wanna-be's?
. . . or to protect passengers from idiot stuntah wanna-be's?
Yeah, god-forbid that any passenger be responsible for making that decision for themselves...A lot of passengers that haven't been around bikes don't have a clue about what they're getting into. Add a young stud who wants to show off, and the passenger has no idea what she's in for:
You tell me if want your kid climbing onto the back of a bike with some idiot who just got his license...
A lot of passengers that haven't been around bikes don't have a clue about what they're getting into.