1. (a) Minimum safety standards. The Federal Motor Vehicle Safety Standard Number 218, motorcycle helmets, and all amendments thereto, is adopted by the department as the minimum standard for motorcycle helmets sold for and worn by motorcycle operators and passengers on public roadways in Texas.

2. (b) Motorcycle helmet exemption. Persons 21 years old or older are exempt from wearing a motorcycle helmet if they:

   1. (1) have successfully completed a motorcycle operator training course as approved under Texas Transportation Code, §662; or
   2. (2) are covered by a health insurance plan providing the person with at least $10,000 in medical benefits for injuries incurred as a result of an accident while operating or riding upon a motorcycle.

3. (c) Motorcycle operator training course. A motorcycle operator training course is defined as being a basic or advanced motorcycle operator training course approved by the department and meeting or exceeding the educational standards of the Motorcycle Safety Foundation.

   1. (1) The department-approved advanced motorcycle operator training course is the minimum requirement for licensed motorcyclists with their own motorcycle and protective equipment. The basic motorcycle operator training course approved by the department in the same reference is acceptable.
   2. (2) The department-approved basic motorcycle operator training course is required for new or inexperienced motorcyclists, persons without a valid motorcycle driver license or persons without their own motorcycle or protective equipment.
4. (d) Proof of successful completion. Proof of successful completion of a department-approved motorcycle operator training course is a motorcycle operator training course completion card, MSB-8, annotated for the basic or advanced motorcycle operator training course, as applicable. A completion card from another state or military base indicating that the course attended meets or exceeds the educational standards of the Motorcycle Safety Foundation is acceptable.
5. (e) Health insurance plan. A health insurance plan is defined as an individual, group, blanket, or franchise insurance policy, insurance agreement, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.

6. (f) Proof of compliance. Proof of compliance with the health insurance coverage requirements is considered to be demonstrated by a copy of the insurance card or certificate issued by an insurance company or individual/organization as cited in subsection (e) of this section indicating that the person has the appropriate insurance. If the medical insurance is a Personal Injury Protection (PIP) additive to the motorcycle's insurance policy, a copy of the policy declaration page showing the coverage, is required. The insurance card or certificate must include, as a minimum:

   1. (1) the name of the insurer;
   2. (2) the insurance policy number; and
   3. (3) the policy period.

7. (g) Sticker issue. The department will issue a helmet exemption sticker to all persons meeting the criteria outlined in subsections (a) - (f) of this section. A helmet exemption sticker:

   1. (1) when placed on the bottom-center portion of the motorcycle license plate or on the license plate mounting bracket, indicates that the person operating or riding upon the motorcycle is presumed to have met the motorcycle operator training or medical insurance requirements; and
   2. (2) may not be transferred from one motorcycle to another.

8. (h) Helmet exemption sticker. To receive a helmet exemption sticker, the person must:

   1. (1) Complete a department-provided application for Helmet Exemption Sticker.
   2. (2) Mail the completed application with the appropriate proof of course completion or medical insurance coverage with a nonrefundable cashier's check or money order for $5.00, to the address on the application. Do not send cash.
   3. (3) Helmet exemption stickers are specific to the registered motorcycle it was issued for. Persons may apply for a helmet exemption sticker for each registered motorcycle they own. An application, including proof of course completion or insurance coverage and application fee, is required for each motorcycle for which a helmet exemption sticker is desired.
9. (i) Application rejection. The department shall reject any application that does not contain sufficient information (i.e., personal, vehicle or insurance information) or does not include a copy of the appropriate course completion card and/or proof of insurance or the application fee. If the application for a helmet exemption sticker is rejected, the department will return the application, less the fee, to the applicant with a letter explaining the rejection. The applicant may, at their discretion, reapply for the helmet exemption sticker. When reapplying, the applicant must provide all information and fees required in subsection (h)(2) of this section, with the application.

Source Note:The provisions of this §21.2 adopted to be effective December 22, 1997, 22 TexReg 12539.