Carrying a passenger changes how a motorcycle handles, and Texas has rules for it: what the bike needs, how old the passenger must be, and when the passenger needs a helmet. A passenger hurt in a crash also stands in a different position from the rider in an injury claim. This article covers both.
What the bike needs: Section 545.416
Transportation Code Section 545.416 sets the rules for riding on a motorcycle or moped. The operator must ride on the permanent and regular seat. An operator may not carry another person, and a person may not ride as a passenger, unless the motorcycle is designed to carry more than one person and is equipped with footrests and handholds for the passenger.
If the motorcycle is designed for more than one person, the passenger may ride only on the permanent and regular seat if it is designed for two, or on another seat firmly attached to the motorcycle behind or to the side of the operator.
The minimum age
Under Section 545.416(d), an operator may not carry a passenger who is younger than five years of age. The offense is a misdemeanor with a fine of not less than $100 or more than $200, and it is a defence that the operator was riding in an emergency or for a law enforcement purpose. Under Subsection (e), the age rule does not stop an operator from carrying a child younger than five who is seated in a sidecar attached to the motorcycle.
Helmets for passengers: Section 661.003
The Texas helmet rule covers passengers as well as riders. Section 661.003(a) makes it an offense to ride as a passenger on a motorcycle on a public street or highway without protective headgear that meets the Department of Public Safety’s standards. Section 661.003(b) makes it a separate offense for the operator to carry a passenger who is not wearing one.
The exception is the same one riders have, and it is judged for the passenger personally: the passenger must be at least 21 and have completed a motorcycle operator training and safety course or be covered by a health insurance plan that provides medical benefits for injuries from a motorcycle collision. A passenger under 21 must wear a helmet, every ride. So must an older passenger who has neither the course nor that insurance.
| Passenger | Helmet required? | Who commits an offense without one |
|---|---|---|
| Under 5 | Not allowed to ride, except in a sidecar | The operator, under 545.416(d) |
| 5 to 20 | Yes | The passenger and the operator |
| 21 or older, with the course or qualifying health insurance | No | Nobody |
| 21 or older, with neither | Yes | The passenger and the operator |
A passenger’s injury claim
A passenger rarely does anything to cause a crash, so in most cases a passenger’s own share of responsibility under Chapter 33 of the Civil Practice and Remedies Code is small or nothing. That makes the passenger’s claim simpler on fault, but it raises other questions:
- Against the other driver. If a driver turned left in front of the bike or changed lanes into it, the passenger claims against that driver’s liability insurance, the same as the rider.
- Against the rider. If the rider carrying the passenger was partly responsible, the passenger can claim against the rider as well. Texas law lets the jury give the rider a percentage of responsibility, and the rider’s own liability coverage may respond. This can be uncomfortable when the rider is a spouse, partner or friend, but it is what liability insurance is for.
- Shared limits. Under Transportation Code Section 601.072, the minimum liability coverage is $30,000 for one person and $60,000 for two or more people in one collision. When a rider and a passenger are both hurt by a driver with minimum coverage, they share that $60,000.
- Uninsured and underinsured coverage. A passenger may be covered by the rider’s UM and UIM coverage, by their own household’s auto policy, or both, depending on the policy wording.
- The helmet argument. An insurer may say an unhelmeted passenger’s head injury was made worse. As with riders, that argument needs evidence and does not touch other injuries.
Because a rider and a passenger can have claims against each other’s insurance, and compete for the same limits, they may need to think about whether one lawyer can represent both. We explain that at the first consultation. If you were a passenger, or you were carrying one, a motorcycle injury lawyer San Antonio riders call can look at every policy involved.
Before you ride two-up
- Check that the bike has a passenger seat, passenger footrests and handholds.
- Make sure a passenger under 21 has a helmet that meets DPS standards.
- Read your policy for who it covers as a passenger, and what your UM and UIM limits are.
- Agree on signals before the ride, so the passenger knows when to lean and when to hold still.
For the other Texas rules that matter to riders, see our page on Texas motorcycle laws.
Questions people ask
How old does a motorcycle passenger have to be in Texas?
At least five, under Section 545.416(d), unless the child is seated in a sidecar.
Does a motorcycle passenger have to wear a helmet in Texas?
Yes, unless the passenger is 21 or older and has completed a motorcycle operator training and safety course or is covered by health insurance for motorcycle collision injuries.
Can a passenger sue the rider who was carrying them?
Yes, if the rider was partly responsible for the crash. The claim is usually made against the rider’s liability insurance.
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