Motorcycle Helmet Laws in Texas for 2023
Texas Helmet Law Today
The State of Texas requires all motorcycle riders to wear a helmet. The Texas Transportation Code § 661.003 states:
(a) An operator or passenger on a motorcycle, moped, or motor-driven cycle shall wear a helmet that meets the standards and specifications for a motorcycle operator and passenger headgear set by the department .
(b) A person commits an offense if the person operates or rides as a passenger on a motorcycle, moped, or motor-operated cycle on a public highway unless the person is wearing a motorcycle helmet that is approved by the department.
However, the law does provide an exception for those over the age of 21 who have taken a safety course, passed a safety test, and purchased a motorcycle insurance policy with a minimum of $10,000 in medical benefits.
Helmets Not Required in All Cases
The same Texas Transportation Code section that established the helmet requirement also sets forth exemptions. As of early 2023, sections 661.003 and 662.006(1), neither added nor amended, say that any adult (18 years or older) who rides a motorcycle, a motor-driven cycle or a trike with an engine over 250cc is legally required to wear a helmet. The exceptions are:
• If the motorcycle operator is age 21 or older and can show evidence of active health insurance or financial responsibility in the form of $10,000 minimum medical cost coverage; or
• If the motorcycle operator is under age 21, but has successfully completed a Department of Public Safety approved basic motorcycle operator training course.
This is the first generation of exemptions. Depending on their experience with other regulatory initiatives, motorcycle safety proponents may or may not hope to see an expansion of exemptions to the helmet requirement emerge over time.
Consequences of Failing to Comply
Texas law explicitly states that the only authorized protective headgear for motorcyclists to wear is a helmet that meets the Motor Safety Equipment Specifications, and that failure to comply with the requirement can result in criminal charges and fines. If you are caught riding a motorcycle without a helmet, it is a Class C misdemeanor, which can mean a $500 fine. If you have already previously been convicted once or twice for riding without a helmet, the third conviction on that charge is a Class B misdemeanor and can carry the potential of a $2,000 fine and/or 180 days in jail. A recent bill that passed into law amends Section 623.005 of the Texas Transportation Code to allow riders ages 21 and older to not wear a helmet if they voluntarily wear a qualified helmet and carry evidence of doing so. The same penalties highlighted above can apply to those that don’t adhere to the regulations of the new law.
Why Helmet Rules Exist
The rationale behind motorcycle helmet laws is fairly straightforward: they are designed to minimize the risk of accidents and the severity of injuries sustained in those accidents. Statistics over the years have shown that motorcyclists suffer a far greater rate of death and disability from crashes than car occupants, even when other factors such as gender, age, and state of residence are taken into account. Numerous studies have found that helmet use significantly reduces the likelihood of death during an accident.
Some estimates suggest that the rate of fatal motorcycle injuries is reduced by nearly 40% for motorcyclists who wear a helmet. The reduced rate of disability for those who wear helmets is almost as stunning – more than 60%. If you consider the 4,500 or so motorcycle fatalities and near 150,000 disabling injuries reported in the US in a single year, it’s easy to see that the decision to wear a helmet is literally a life-or-death matter.
In addition to reducing rates of fatality and severe injury among motorcyclists, helmet laws are also thought to help lower the rates of disability and immediate emergency care needs of accident victims who are not killed outright. Emergency room staff must evaluate and stabilize all crash victims before they can be transported to other facilities for necessary long-term care or rehabilitation, and the medical costs of this stabilization can be enormous. In fact, most cost-benefit analyses have concluded that helmet use is still a good investment even when the analysis ignores the heightened long-term costs of care for unhelmeted crash survivors .
A 2005 study of hospitalizations for serious head injury among crash victims in Massachusetts found that only 52% of all motorcycle crash victims wore helmets, but 77% of their companions were helmeted. This difference alone was estimated to have increased hospitalization costs by over $50 million – scarcely a penny out of the gross $400 million+ cost of all motorcycle-related hospital treatments over those same years. The difference in death rates from head trauma among motorcyclists in New York and North Carolina is similarly dramatic, with recent studies reporting half as many fatalities in the helmeted state, despite the obvious differences in geography and population density.
Of course, helmet use is not without drawbacks. Poor visibility and a reduced sense of hearing are among the most commonly cited concerns among motorcyclists. However, many manufacturers address these concerns with bright colors, strategically placed reflectors, and motion-activated turn and brake signals. Many brands are now also designed to accommodate the wearing of glasses and goggles.
The helmet-hair dilemma may also be addressed by some brands that feature removable liners. If motorcycle riders are concerned about maintaining presentable hairstyles after a ride, there are even helmet models that will accommodate most wigs and hairpieces.
Given the dramatic reduction in rates of serious injury or death among motorcyclists who wear helmets, as well as the modern features that increase comfort during use, helmet use appears to be sound public policy for any state that wishes to increase the safety of its citizens while also lowering the costs associated with motorcycle injuries.
Texas vs. Other States
The flexibility that Texas affords to riders is not present in every state to so great a degree. While 32 states plus the District of Columbia have no universal motorcycle helmet laws at all, six other states require a helmet by age and/or skill (see our list of states with motorcycle helmet laws in 2023). This set of states consists of Indiana, Maryland, Maine, New Mexico, Utah, and Wisconsin.
But while those places are slacker overall than Texas, they include some that are stricter for the younger and/or less experienced rider (just as Texas has a stricter helmet law for riders under 21 years old and those who are in the first six months of riding experience).
New Mexico, for example, requires everyone to wear helmets. Maryland, Utah, and Wisconsin all require it of novices and riders under 18, and Maine requires it of riders 20 and younger. Just a hair stricter than New Mexico, Indiana requires it of everyone 17 and under.
Arguments and Public Sentiment
In recent years, the debate surrounding Texas’ motorcycle helmet law has remained a controversial topic. Advocates on both sides of the issue continue to argue their stance, and the potential for legislative changes is constantly analyzed.
Supporters of the helmet law cite statistical data, which they argue reveals the increased risk of severe head injuries and death in the absence of helmet usage. They argue that the law plays an important role in public health and safety. This camp suggests that the law has a positive effect on accident outcomes and, by extension, on public funds, by decreasing the amount of government money that would otherwise be spent on public assistance for severely injured riders. In turn, this saves taxpayer money and makes state funds available for other purposes, such as maintenance and infrastructure development.
Conversely, critics of mandatory helmet use maintain that wearing a helmet limits one’s ability to hear traffic sounds, is uncomfortable in hot weather, and obstructs the operator’s peripheral vision. They also argue that the law is an infringement on personal liberty, suggesting that the freedom to make one’s own choices related to safety, even if those choices may lead to physical harm, should be left to individual discretion. Further, some proponents of repealing the law have argued that motorcyclists who prefer to obey the law may choose to wear the same uncomfortable headgear even when it is unnecessary, thereby creating a recipe for substantial driver distraction. In contrast to helmet epaulets, most leading law-enforcement agencies discourage riders from using motorcycle helmets for any purpose other than safety .
Existing legislation does not always divide neatly in accordance with these arguments. While the current law generally requires operators and passengers using a motorcycle to wear a helmet secured under the chin, Special Plate Noncompliance Exceptions provide that Texas veterans, law enforcement officers, and certain participants in special events who are able to document their affiliation may be exempt from the general requirement.
A recent proposal for modification was House Bill No. 286, introduced in January 2019 by State Representative James White. The bill proposed to remove the requirement for riders aged 26 or older to wear helmets on public highways in Texas. Proponents of the bill suggested that, since the hope of restoring full driving privileges to a suspended license must be preceeded by work, maintaining the law in its current form creates a disincentive to pursuing legal employment. Proponents predicted that the new law would increase tax revenue. However, although the bill saw movement in the House, it did not overcome all legislative hurdles before the session ended in September 2021, and thus failed to pass.
According to a national poll conducted by the National Highway Traffic Safety Administration (NHTSA) in 2019, 54% of respondents supported mandatory helmet use in their state, while 43% were opposed. The 2019 poll also revealed that in 13 states, motorcycle helmet laws are not currently mandatory for all riders. Of these, the majority only require helmets for operators under a specific age (as in Texas), while the rest do not require motorcycle helmet use at all. Given the potential for continuing debate over helmet law based on public opinion, the current legal landscape around the state law remains in flux.