Texas Motorized Bicycle Laws -- Tickets

[machiasmort]

Hahaha! Himmelberg,

OhHH, to funny, the biggest thing you should be worried about getting hit by is a spit ball!!! Do you wear a helmet to class?

You guy's are right about EPA... I think I'll join the rest of yuppies in the slow lane on electric bikes. They charge them with wall outlets (where they can't see the Coal smoke from). Further, it must be clean energy, you don't get 2 stroke oil on your hands ridding electric!

 

[Member 5549]

I disagree about the Texas ban ...

That must just be in College Station..
It's not banned in the DFW area.
The Law does state that the power is gived at the Local level to ban them..
I think College Station doesen't want a bunch of college kid riding these around.. They can see the Liability factor...
But thats not the case for the entire state !!!!


TRANSPORTATION CODE


CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES


SUBCHAPTER A. APPLICATION OF CHAPTER



Sec. 551.001. PERSONS AFFECTED. Except as provided by
Subchapter C, this chapter applies only to a person operating a
bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of
bicycles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1318, Sec. 4, eff. Sept. 1, 2003.


Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
provision of this subtitle applicable to a bicycle also applies to:
(1) a moped, other than a provision that by its nature
cannot apply to a moped; and
(2) an electric bicycle, other than a provision that
by its nature cannot apply to an electric bicycle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 9, eff. Sept. 1, 2001.

SUBCHAPTER B. REGULATION OF OPERATION



Sec. 551.101. RIGHTS AND DUTIES. (a) A person operating a
bicycle has the rights and duties applicable to a driver operating a
vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty;
or
(2) a right or duty applicable to a driver operating a
vehicle cannot by its nature apply to a person operating a bicycle.
(b) A parent of a child or a guardian of a ward may not
knowingly permit the child or ward to violate this subtitle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.102. GENERAL OPERATION. (a) A person operating a
bicycle shall ride only on or astride a permanent and regular seat
attached to the bicycle.
(b) A person may not use a bicycle to carry more persons than
the bicycle is designed or equipped to carry.
(c) A person operating a bicycle may not use the bicycle to
carry an object that prevents the person from operating the bicycle
with at least one hand on the handlebars of the bicycle.
(d) A person operating a bicycle, coaster, sled, or toy
vehicle or using roller skates may not attach either the person or
the bicycle, coaster, sled, toy vehicle, or roller skates to a
streetcar or vehicle on a roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.103. OPERATION ON ROADWAY. (a) Except as
provided by Subsection (b), a person operating a bicycle on a
roadway who is moving slower than the other traffic on the roadway
shall ride as near as practicable to the right curb or edge of the
roadway, unless:
(1) the person is passing another vehicle moving in
the same direction;
(2) the person is preparing to turn left at an
intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed
or moving object, parked or moving vehicle, pedestrian, animal, or
surface hazard prevents the person from safely riding next to the
right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside
lane that is:
(A) less than 14 feet in width and does not have a
designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle
to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with
two or more marked traffic lanes may ride as near as practicable to
the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two
abreast. Persons riding two abreast on a laned roadway shall ride
in a single lane. Persons riding two abreast may not impede the
normal and reasonable flow of traffic on the roadway. Persons may
not ride more than two abreast unless they are riding on a part of a
roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13,
eff. Sept. 1, 2001.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.


Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
operate a bicycle unless the bicycle is equipped with a brake
capable of making a braked wheel skid on dry, level, clean pavement.
(b) A person may not operate a bicycle at nighttime unless
the bicycle is equipped with:
(1) a lamp on the front of the bicycle that emits a
white light visible from a distance of at least 500 feet in front of
the bicycle; and
(2) on the rear of the bicycle:
(A) a red reflector that is:
(i) of a type approved by the department;
and
(ii) visible when directly in front of
lawful upper beams of motor vehicle headlamps from all distances
from 50 to 300 feet to the rear of the bicycle; or
(B) a lamp that emits a red light visible from a
distance of 500 feet to the rear of the bicycle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1085, Sec. 11, eff. Sept. 1, 2001.


Sec. 551.105. COMPETITIVE RACING. (a) In this section,
"bicycle" means a nonmotorized vehicle propelled by human power.
(b) A sponsoring organization may hold a competitive
bicycle race on a public road only with the approval of the
appropriate local law enforcement agencies.
(c) The local law enforcement agencies and the sponsoring
organization may agree on safety regulations governing the movement
of bicycles during a competitive race or during training for a
competitive race, including the permission for bicycle operators to
ride abreast.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
department or a local authority may not prohibit the use of an
electric bicycle on a highway that is used primarily by motor
vehicles. The department or a local authority may prohibit the use
of an electric bicycle on a highway used primarily by pedestrians.
(b) The department shall establish rules for the
administration of this section.

Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1,
2001.

SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES



Sec. 551.201. DEFINITION. In this subchapter, "electric
personal assistive mobility device" means a two non-tandem wheeled
device designed for transporting one person that is:
(1) self-balancing; and
(2) propelled by an electric propulsion system with an
average power of 750 watts or one horsepower.

Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.


Sec. 551.202. OPERATION ON ROADWAY. (a) A person may
operate an electric personal assistive mobility device on a
residential street, roadway, or public highway with a speed limit
of 30 miles per hour or less only:
(1) while making a direct crossing of a highway in a
marked or unmarked crosswalk;
(2) where no sidewalk is available; or
(3) when so directed by a traffic control device or by
a law enforcement officer.
(b) A person may operate an electric personal assistive
mobility device on a path set aside for the exclusive operation of
bicycles.
(c) Any person operating an electric personal assistive
mobility device on a residential street, roadway, or public highway
shall ride as close as practicable to the right-hand edge.
(d) Except as otherwise provided by this section,
provisions of this title applicable to the operation of bicycles
apply to the operation of electric personal assistive mobility
devices.

Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.


Sec. 551.203. SIDEWALKS. A person may operate an electric
personal assistive mobility device on a sidewalk.

Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003.

SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES


Text of section as amended by Acts 2005, 79th Leg., R.S., Ch. 281,
Sec. 2.86


For text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
1242, Sec. 2, see other Sec. 551.301.





Sec. 551.301. DEFINITIONS. In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).
(2) "Motor assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping
the device under typical operating conditions;
(iii) a gas or electric motor not exceeding
40 cubic centimeters;
(iv) a deck designed to allow a person to
stand or sit while operating the device; and
(v) the ability to be propelled by human
power alone; and
(B) does not include a pocket bike or
minimotorbike.
(3) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle.

Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, Sec. 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 281, Sec. 2.86, eff. June 14, 2005.

Text of section as amended by Acts 2005, 79th Leg., R.S., Ch. 1242,
Sec. 2


For text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
281, Sec. 2.86, see other Sec. 551.301.



Sec. 551.301. DEFINITION. In this
subchapter, "neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).

Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, Sec. 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 1242, Sec. 2, eff. June 18, 2005.


Sec. 551.302. REGISTRATION. The Texas Department of
Transportation may adopt rules relating to the registration and
issuance of license plates to neighborhood electric vehicles.

Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003.


Sec. 551.303. OPERATION ON ROADWAYS. (a) A neighborhood
electric vehicle may be operated only on a street or highway for
which the posted speed limit is 35 miles per hour or less. A
neighborhood electric vehicle may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
neighborhood electric vehicle on a street or highway if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The Texas Department of Transportation may prohibit the
operation of a neighborhood electric vehicle on a highway if that
department determines that the prohibition is necessary in the
interest of safety.

Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003.


Sec. 551.304. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize
the operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of
bicycles; or
(3) sidewalk.

Added by Acts 2005, 79th Leg., Ch. 281, Sec. 2.87, eff. June 14,
2005.

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS



Sec. 551.351. DEFINITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.


Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A
motor-assisted scooter may be operated only on a street or highway
for which the posted speed limit is 35 miles per hour or less. The
motor-assisted scooter may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
motor-assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a
motor-assisted scooter on a highway if it determines that the
prohibition is necessary in the interest of safety.
(d) A person may operate a motor-assisted scooter on a path
set aside for the exclusive operation of bicycles or on a
sidewalk. Except as otherwise provided by this section, a
provision of this title applicable to the operation of a bicycle
applies to the operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.

Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.

 

[bamabikeguy]

http://www.examiner.com/x-2490-Endu...s-bike-unfriendly-by-vetoing-bike-safety-bill

Texas governor affirms Texas as bike unfriendly by vetoing bike safety bill
June 20, 6:06 PM

Texas Governor Rick Perry proves he's no friend to cyclist

Texas Governor Rick Perry affirmed his state's reputation as one of the country's most bike unfriendly places to ride today by vetoing a "safe passing" bill that would have given cyclist 3 feet when being passed by cars.

Perry, who is a cyclist himself, shocked the cycling community by vetoing the hard fought bill and saying:

"While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users."

Its good to know that in Texas at least the responsibility to avoid 6000 pound SUV's and other cars rests with the cyclist on a 20 pound pound bike.

Reaction to the veto was immediate and not unexpected.

"We are stunned because he's our guy, and we feel disappointed, even betrayed by our guy," said Robin Stallings, executive director of BikeTexas, the educational arm of the Texas Bicycle Coalition.

Comments posted on some local Texas newspaper web sites are telling as to why the governor vetoed the law.

For instance posted by Reality Kid:

"Guess I don't understand how bicycles have a right to be on a road. They pay no road tax, they are not a motorized vehicle. Even golf carts have to be registered to be on a road. Farm equipment which generally move faster than bicycles have to have special triangle plaques on them to be on a road.

Most bicyclist do not follow rules of the road by stopping at stop signs, they don't stop at traffic signals, they don't ride single file."

And posted by Batjeep:

"I have to agree that most of the bicyclist are snobbish. They are a different group of people. In this world, big fish wins. It is not about sharing a two lane road. To bicyclist, it is about seeing what they can get away with. They seem to be an angry lot. Bicyclist say they have to follow the same traffic laws, watch next time you are at a stop light or stop sign. They rarely stop, they may slow down. Honestly, when was the last time you saw a bicyclist stop at a stop sign? If they are truly vehicles, than any vehicle going slower then 20 mph should have a nice shinny orange triangle.

Just like the rest of the "vehicles" that go that speed or slower."

Which to anyone who is a cyclist just affirms that Texas is a great place to stay out of when riding a bike.

And of course many cyclist will also realize that if the Texas governor does not want me on my bike on the local roads, he and the people who feel cyclist are "snobbish" also don't want our money and business.

 

[Member 5549]

Thats our Governer

We seem to have a way with them don't we !!!!!!
Well I don't know if it even matters anyway !!!!
let's see 3 feet, well do you think any LEO'S will be out with there measuring sticks !!!! Heck no , just a neather law that will never get inforced !!!!
Maybe the Governar is right ....
It's also against the law to kill somebody, but does that stop anyone !!!
We are a nation of too many Laws !!! Every dan thing is aginst the LAW !!!!!
What a nation of wimps, What hapened to the country that used to be fun !!!
it's gone !!!! But don't worry your lawmakers are hard at work figuring out how to screw it up even more !!!!!!!
One day we will see imagrants leaving America !!! Too go find a country that hasn't gone mad maybe madagascar !!!!!

I got to get down now, I have a blister on my foot and standing on that soapbox isn't helping it.....

 

[E J]

Where does that push cart thing come into play under all that law?

 

[machiasmort]

Push cart? SHOVIN IN!!! Yahoo!

 

[Mountainman]

if it's not too late--maybe I can help you out here in Calif
what if you send me your paper work -- needed
so as to register it here in Calif as a motorized bicycle
then maybe you could take your legal papers from Calif into your DMV for a transfer ??

if it makes it legal to -- ride that thing

 

[E J]

If your going to callange the law do it right don't push it. it has to be bought in CA and taken in to your state then submited to your dmv trying to fake any of that is trouble and pergury.do it right and have fun. make sure it's like my bike lts. horn,turn sgl. mirrors speedo then what can they say? look up your state dmv import rules first!

 

[Mountainman]

retired City employee -- wishing not to cheat

it has to be bought in CA and taken in to your state
trying to fake any of that is trouble and pergury

they do not have to be bought in Calif
not saying to lie about anyTHING

old retired City employee here
days of cheating are over for now -- and -- hopefully tomorrow also !!

just an offer -- no big deals
most will notice after a while on this site anyways
most advice -- or offers -- never taken........................

MM

 

[waylow]

it gets hot here in tx and sometimes ya need a break from pedaling so much ..

True Freaking That