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Texas: children under 5 as passengers


Guest tx2sturgis

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Guest tx2sturgis

As of September 1 its now illegal in Texas to carry a child under the age of 5 on a motorcycle, UNLESS: The child is in a sidecar, OR its an emergency.

 

The first offense ticket is $100.

 

Big brother is watching!

 

BTW...how is a cop supposed to know if a child is only 4 years and 10 months old unless you tell him??? ( hint hint )

 

And what defines an 'emergency'? I mean, maybe the little 3 year old is throwing a fit to go for a ride!!!

 

:cool10:

 

Oh well...I dont have kiddos anyway....

 

 

 

 

 

 

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Guest tx2sturgis

Here is the text of the new law, HB 537. This applies in Texas, whether you live here or are just PASSING THRU.

 

 

 

 

SECTION 3. Section 545.416, Transportation Code, is amended

by adding Subsections (d) and (e) to read as follows:

(d) Except as provided by Subsection (e), an operator may

not carry another person on a motorcycle unless the other person is

at least five years of age. An offense under this subsection is a

misdemeanor punishable by a fine of not less than $100 or more than

$200. It is a defense to prosecution under this subsection that the

operator was operating the motorcycle in an emergency or for a law

enforcement purpose.

(e) Subsection (d) does not prohibit an operator from

carrying on a motorcycle a person younger than five years of age who

is seated in a sidecar attached to the motorcycle.

SECTION 4. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

covered by the law in effect immediately before the effective date

of this Act, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before the effective date of this Act if any element of the offense

was committed before that date.

SECTION 5. This Act takes effect September 1, 2009.

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I'm surprised there isn't a provision that specifies that they must be able to reach the pegs... That would make more sense than an age thing.

 

So, next time my neice and nephews come down I can take them for a ride as long as they are old enough to purger them selves to law enforcement, check. Thanks for the heads up!

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Guest curtismiller

I have 5 children,15 grand kids,7 great grand kids and never have taken a single one for a ride.Could not stand it if I hurt one.This sport will bite you and I do not want the responsibility .I have absoluty no problem with anyone who chooses to ride two up.It just aint for me. Curtis

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My kids have been riding my motorcycles since they were three. The first time I rode no more than 300ft and stopped at a four way stop. There was a city police officer waiting at the interesection. He looked at me and my daughter (sitting in front of me on the tank), looked ahead drove about 1 foot, stopped, looked at me again. He had right of way so i waited. I sat their for 20 seconds (seemed like an eternity) when the cop finally drove off. Must not be something he sees every day.

 

http://i5.photobucket.com/albums/y191/Ggerg1186/Kids/DSCF0976.jpg

 

 

Heaven forbid a parent should decide what is ok for their child. But I don't live in Texas.

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In Wisconsin the minimum age is 8. The best explanation of this age limit is that this is the age when a child can maintain balance if they fall asleep. Just as young children fall out of bed when they are sleeping, but adults generally don't.

 

Laws, unfortunately, have to be written for the least common denominator. A parent, or friend, can take a child for a cross country (or across state) trip. This could be very dangerous if the young child fell asleep.

 

I don't believe the target of this law is to prevent a short joy ride of a few blocks with a grandkid. Although, that would be technically illegal under this law.

 

Just my $0.02.

 

RR

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I think the laws get a bit ridiculous but they are written to protect all kinds. I have driven with the kids when they were quite young but it was around the block. It was not untill they could reach the pegs that we went further (and quicker)

 

Brad

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