Motorcycles

TRC §662.001.

DESIGNATED STATE AGENCY.

The governor shall designate a state agency to establish and administer a motorcycle operator training and safety program.

TRC §662.002.

PURPOSE OF PROGRAM; CURRICULUM.

(a)The purpose of the motorcycle operator training and safety program is:

(1) to make available to motorcycle operators:

(A) information relating to the operation of motorcycles; and

(B) courses in knowledge, skills, and safety relating to the operation of motorcycles; and

(2) to provide information to the public on sharing roadways with motorcycles.

(b) The program shall include curricula developed by the Motorcycle Safety Foundation.

TRC §662.003.

PROGRAM DIRECTOR.

The designated state agency shall employ as program director a person who is certified as a chief instructor by the Motorcycle Safety Foundation.

TRC §662.004.

MOTORCYCLE SAFETY COORDINATOR.

(a) The designated state agency shall employ a motorcycle safety coordinator.

(b) The coordinator shall supervise the motorcycle operator training and safety program and shall determine:

(1) locations at which courses will be provided;

(2) fees for the courses;

(3) qualifications for instructors;

(4) instructor certification requirements; and

(5) eligibility requirements for program sponsors.

(c) The program must include instructor certification requirements developed by the Motorcycle Safety Foundation.

TRC §662.005.

CONTRACTS.

The designated state agency may license or contract with qualified persons to administer or operate the motorcycle operator training and safety program.

TRC §662.006.

UNAUTHORIZED TRAINING PROHIBITED.

A person may not offer training in motorcycle operation for a consideration unless the person is licensed by or contracts with the designated state agency.

TRC §662.007.

FEE FOR COURSE.

A person may charge, for a course under the motorcycle operator training and safety program, a fee that is reasonably related to the costs of administering the course.

TRC §662.008.

DENIAL, SUSPENSION, OR CANCELLATION OF APPROVAL.

(a) The designated state agency may deny, suspend, or cancel its approval for a program sponsor to conduct or for an instructor to teach a course offered under this chapter if the applicant, instructor, or sponsor:

(1) does not satisfy the requirements established under this chapter to receive or retain approval;

(2) permits fraud or engages in a fraudulent practice with reference to an application to the agency;

(3) induces or countenances fraud or a fraudulent practice by a person applying for a driver's license or permit;

(4) permits fraud or engages in a fraudulent practice in an action between the applicant or license holder and the public; or

(5) fails to comply with rules of the state agency.

(b) Before the designated state agency may deny, suspend, or cancel the approval of a program sponsor or an instructor, notice and opportunity for a hearing must be given as provided by:

(1) Chapter 2001, Government Code;

(2) Article 6252-13c, Revised Statutes; and

(3) Sections 2 through 5, Chapter 267, Acts of the 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's Texas Civil Statutes).

TRC §662.009.

RULES.

The designated state agency may adopt rules to administer this chapter.

TRC §662.010.

NONAPPLICABILITY OF CERTAIN OTHER LAW.

Chapter 332, Acts of the 60th Legislature, Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil Statutes), does not apply to training offered under this chapter.

TRC §662.011.

MOTORCYCLE EDUCATION FUND ACCOUNT.

(a) Of each fee collected under Sections 521.421(b) and (f), Sections 522.029(f) and (g), and Sections 661.003(d), the Department of Public Safety shall send $5 to the comptroller for deposit to the credit of the motorcycle education fund account.

(b) Money deposited to the credit of the motorcycle education fund account may be used only to defray the cost of administering the motorcycle operator training and safety program.

 

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