CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

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 that can

attain a maximum speed of 35 miles per hour on a paved level

surface and otherwise complies with 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.

Acts 2009, 81st Leg., R.S., Ch.

722, Sec. 1, eff. September 1, 2009.

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 Motor

Vehicles 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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2I.01, eff. September 1, 2009.

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 45 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 45 miles per hour. A neighborhood electric vehicle may

not be operated on a street or highway at a speed that exceeds

the lesser of:

(1) the posted speed limit; or

(2) 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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

722, Sec. 2, eff. September 1, 2009.

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.

SUBCHAPTER F. GOLF CARTS

Sec. 551.401. DEFINITIONS. In this subchapter, "golf cart" and

"public highway" have the meanings assigned by Section 502.001.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 10, eff. September 1, 2009.

Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas

Department of Transportation may not register a golf cart for

operation on a public highway regardless of whether any

alteration has been made to the golf cart.

(b) The department may issue license plates for a golf cart only

as authorized by Section 504.510.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 10, eff. September 1, 2009.

Sec. 551.403. LIMITED OPERATION. (a) An operator may operate a

golf cart:

(1) in a master planned community:

(A) that has in place a uniform set of restrictive covenants;

and

(B) for which a county or municipality has approved a plat;

(2) on a public or private beach; or

(3) on a public highway for which the posted speed limit is not

more than 35 miles per hour, if the golf cart is operated:

(A) during the daytime; and

(B) not more than two miles from the location where the golf

cart is usually parked and for transportation to or from a golf

course.

(b) The Texas Department of Transportation or a county or

municipality may prohibit the operation of a golf cart on a

public highway if the department or the governing body of the

county or municipality determines that the prohibition is

necessary in the interest of safety.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 10, eff. September 1, 2009.

Sec. 551.404. OPERATION IN MUNICIPALITIES. (a) In addition to

the operation authorized by Section 551.403, the governing body

of a municipality may allow an operator to operate a golf cart on

all or part of a public highway that:

(1) is in the corporate boundaries of the municipality; and

(2) has a posted speed limit of not more than 35 miles per hour.

(b) A golf cart operated under Subsection (a) must have the

following equipment:

(1) headlamps;

(2) taillamps;

(3) reflectors;

(4) parking brake; and

(5) mirrors.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 10, eff. September 1, 2009.

Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may cross

intersections, including a road or street that has a posted speed

limit of more than 35 miles per hour.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 10, eff. September 1, 2009.