Texas X Riders

VTX Related Rides => Central Texas => Topic started by: bigdogsgal on June 03, 2009, 08:49:51 PM

Title: ROT & Helmet Law
Post by: bigdogsgal on June 03, 2009, 08:49:51 PM
I am a member of US Defenders and receive notifications on all laws and issues presented to all bikers (patch club members as well as Independents).  I just received a notification outlining a feature in Thunder Roads magazine.  Apparently Austin is inacted a law on May 15th, see the following.  I know that many don't want to be involved with the COC but the COC started the Texas Defenders last May and I am glad I became a member.  Even though ran by COC, these folks have begun a great movement.  I, as well as many others are notified of up coming bills and we have been blasting letters to the Senate and House to voice a united opinion.   They just move nationally from a Texas organization.  If you care,you will get involved as an Independent as I have.

[edited]
If you are interested go to http://www.legis.state.tx.us/BillLookup/    
and enter SB 1967.

From what I can see, the bill is sitting on the Governors desk and has not yet become a law.  but after reading further, governor doesn't have to sign.  it automatically becomes a bill if not signed "the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature."  This becomes a law in Sept but in the meantime you can be pulled over.  WEAR A HELMET!!!!   And get involved with these laws.


Helmet Law & ROT Rally
Reader warning:

As of Monday this week (May 15) the City of Austin has become Biker Unfriendly by enacting the Helmet Law. They are pulling over and issuing tickets to all bikers not wearing helmets. If you have the sticker on your plates then they let you slide but are making all others go to court and prove the have the qualifications to go w/o their helmet, IE over 21 and having $10,000 in PIP on their insurance which isn't listed on the card, or have attended motorcycle classes. This is no joke; within 5 miles while going through town I was stopped 3 times in one trip through.
 
Please warn all riders especially with the ROT Rally coming up.
Scott G
Title: Re: ROT & Helmet Law
Post by: vtxcrzr on June 03, 2009, 09:43:17 PM
As of Monday this week (May 15) the City of Austin has become Biker Unfriendly by enacting the Helmet Law. They are pulling over and issuing tickets to all bikers not wearing helmets. If you have the sticker on your plates  then they let you slide but are making all others go to court and prove the have the qualifications to go w/o their helmet, IE over 21 and having $10,000 in PIP on their insurance which isn't listed on the card, or have attended motorcycle classes. This is no joke; within 5 miles while going through town I was stopped 3 times in one trip through.

How do you get a sticker on your plate?
Title: Re: ROT & Helmet Law
Post by: bigdog on June 03, 2009, 09:48:51 PM
the wife has ours in a drawer now for a few years and hasn't sent.  last check, the form is MDB-7 Helment Exempton Sticker Application.  The fee was $5, not sure if they up it.  Check Tx Dot.

Title: Re: ROT & Helmet Law
Post by: Gupone on June 03, 2009, 10:34:40 PM
I have read through the whole bill and nothing seems to have changed from the way the law is now.  If you do not want to wear a helmet then you must have a displayed sticker, or show proof of health insurance.   I did see a section that was saying that a cop can NOT pull you over just to check if you have a sticker or insurance.  In other words they can not pull you over if they see you not wearing a helmet.

Maybe I am wrong but that is how I read it.  :)

By the way, this is NOT a City of Austin thing, it is a State bill.
Title: Re: ROT & Helmet Law
Post by: bigdogsgal on June 03, 2009, 10:36:09 PM
That is how I read it too... but the bottom line is you can and apparently will be harassed.  Just be careful out there and be warned.
Title: Re: ROT & Helmet Law
Post by: matap on June 04, 2009, 07:29:05 AM
I have read through the whole bill and nothing seems to have changed from the way the law is now.  If you do not want to wear a helmet then you must have a displayed sticker, or show proof of health insurance.   I did see a section that was saying that a cop can NOT pull you over just to check if you have a sticker or insurance.  In other words they can not pull you over if they see you not wearing a helmet.

Maybe I am wrong but that is how I read it.  :)

By the way, this is NOT a City of Austin thing, it is a State bill.

I actually have a buddy who is an officer and when it comes to motorcycles, they don't have to have a reason to pull you over, unlike a four wheeler.  So.......you could just be doing absolutely nothing wrong, but they will pull you over.  My buddy & I  once got pulled over by a State Trooper and said she was just checking endorsements. Fortunately, I was all squared away, not so good for the buddy, no insurance, no helmet, no helmet exemption, & no motorcycle endorsement on license, damn dummy.  So...........be cautious, and make sure all your i's are dotted and t's crossed.   :bikerider:
Title: Re: ROT & Helmet Law
Post by: Gupone on June 04, 2009, 08:41:14 AM
I have read through the whole bill and nothing seems to have changed from the way the law is now.  If you do not want to wear a helmet then you must have a displayed sticker, or show proof of health insurance.   I did see a section that was saying that a cop can NOT pull you over just to check if you have a sticker or insurance.  In other words they can not pull you over if they see you not wearing a helmet.

Maybe I am wrong but that is how I read it.  :)

By the way, this is NOT a City of Austin thing, it is a State bill.

I actually have a buddy who is an officer and when it comes to motorcycles, they don't have to have a reason to pull you over, unlike a four wheeler.  So.......you could just be doing absolutely nothing wrong, but they will pull you over.  My buddy & I  once got pulled over by a State Trooper and said she was just checking endorsements. Fortunately, I was all squared away, not so good for the buddy, no insurance, no helmet, no helmet exemption, & no motorcycle endorsement on license, damn dummy.  So...........be cautious, and make sure all your i's are dotted and t's crossed.   :bikerider:

Now I did not take the time to look up the current law but I think that the biggest change they are trying to pass is that they are telling cops they cannot just pull you over to check information.   As for your friend, if he has or is pulling folks over just for the heck of it, he is in violation of your 4th amend rights of the US const.  Now with this said, the government is always doing things they are not suppose to be doing just to see if they can get away with it until they get caught.

It does not matter if you are driving a motorcycle, car or walking.  If you get pulled over the first thing you want to always do even before you show your license or answer any question is ask the cop, "Is there a reason you are keeping me from continuing my travels?"  I know this sounds corny but it is an old legal thing.  What you are trying to do is establish why they are pulling you over and basically "seizing you", as they have to have a good reason for doing so.  Then you can restrict them from trying to pull a random / widespread check.  In other words if they say they pulled you over because they thought your tail light is out, then that is what they have to address and only that so do not give them a reason / permission to look for other things and never, I mean never consent to a search.

I know this is a bit off topic but I just wanted those out there to not be afraid of the police as they really do work for you and it is our jobs as citizens to keep our employees in check and doing their job right.
Title: Re: ROT & Helmet Law
Post by: xcaliber on June 04, 2009, 04:26:25 PM
I have read through the whole bill and nothing seems to have changed from the way the law is now.  If you do not want to wear a helmet then you must have a displayed sticker, or show proof of health insurance.   I did see a section that was saying that a cop can NOT pull you over just to check if you have a sticker or insurance.  In other words they can not pull you over if they see you not wearing a helmet.

Maybe I am wrong but that is how I read it.  :)

By the way, this is NOT a City of Austin thing, it is a State bill.

I actually have a buddy who is an officer and when it comes to motorcycles, they don't have to have a reason to pull you over, unlike a four wheeler.  So.......you could just be doing absolutely nothing wrong, but they will pull you over.  My buddy & I  once got pulled over by a State Trooper and said she was just checking endorsements. Fortunately, I was all squared away, not so good for the buddy, no insurance, no helmet, no helmet exemption, & no motorcycle endorsement on license, damn dummy.  So...........be cautious, and make sure all your i's are dotted and t's crossed.   :bikerider:

Now I did not take the time to look up the current law but I think that the biggest change they are trying to pass is that they are telling cops they cannot just pull you over to check information.   As for your friend, if he has or is pulling folks over just for the heck of it, he is in violation of your 4th amend rights of the US const.  Now with this said, the government is always doing things they are not suppose to be doing just to see if they can get away with it until they get caught.

It does not matter if you are driving a motorcycle, car or walking.  If you get pulled over the first thing you want to always do even before you show your license or answer any question is ask the cop, "Is there a reason you are keeping me from continuing my travels?"  I know this sounds corny but it is an old legal thing.  What you are trying to do is establish why they are pulling you over and basically "seizing you", as they have to have a good reason for doing so.  Then you can restrict them from trying to pull a random / widespread check.  In other words if they say they pulled you over because they thought your tail light is out, then that is what they have to address and only that so do not give them a reason / permission to look for other things and never, I mean never consent to a search.

I know this is a bit off topic but I just wanted those out there to not be afraid of the police as they really do work for you and it is our jobs as citizens to keep our employees in check and doing their job right.

this is absolutely correct, the 4th amendment has been gutted, according to Gerald Treece, head of South Texas school of Law as Americans we have forfeited the 4th amendment because we have nothing to hide. If you are asked to consent to a search, ask what they are looking for or the answer is NO.
Title: Re: ROT & Helmet Law
Post by: kajunkruzer on June 04, 2009, 09:58:22 PM
The odds are in our favor. Thousands upon thousands of bikes. I have no clue how many leo's will be in Austin for the ROT, but it will not be enough for them to check even 5% of the riders over the weekend. They will have plenty of other things to focus on then pulling over every biker they see without a helmet. I'm from Louisiana, so I have to ride with a helmet all the time anyway. I'll probably ride with one on at the ROT too. Heck, I gotta cool Cranberries chrome german helmet I wanna show off, and I need to protect my bald head from a sunburn anywayz. ;D
Title: Re: ROT & Helmet Law
Post by: studdog on June 08, 2009, 11:42:28 AM
The odds are in our favor. Thousands upon thousands of bikes. I have no clue how leo's will be in Austin for the ROT, but it will not be enough for them to check even 5% of the riders over the weekend. They will have plenty of other things to focus on then pulling over every biker they see without a helmet.

I met a rider this week end who is a Dallas cop.  He hadn't heard any of this about helmet law enforcement at ROT but he too mentioned that such an effort by law enforcement would be prohibative just from the standpoint of time.  He speculated that many riders would wear helmets just to avoid the hassle.  And furthermore it may have been released for just that reason.  He thought perhaps they are trying to cut down on injuries and fatalities during the rally and kind of "leaked" the release in an effort to get more riders to wear helmets.  Stranger things have happened.  Short of putting 10,000 cops on the street they couldn't realistically put much of a dent in it during the rally.
Title: Re: ROT & Helmet Law
Post by: larry_357 on June 08, 2009, 12:04:25 PM
 I heard the same thing but think with so many bikers in and around town would be inclined to wear mine.Also Galveston is trying to rebuild one ticket at a time have seen more people pulled over than ever before.I for one will not be going back to Galveston for awhile and for now the Lone Star  Rally is very iffy in my book
Title: Re: ROT & Helmet Law
Post by: jmdaniel on June 08, 2009, 12:04:49 PM
Or you could just wear a helmet... I know, craziness, but it is an option.   ;)


Title: Re: ROT & Helmet Law
Post by: larry_357 on June 08, 2009, 12:36:04 PM
  I always wear mine its a pain but might save more pain later
Title: Re: ROT & Helmet Law
Post by: RocknRoll on June 08, 2009, 01:24:05 PM
Or you could just wear a helmet... I know, craziness, but it is an option.   ;)

Believe me - you will be glad you have your helmet on when your head has the inevitable urge to strike that cop's night stick! :banghead:
Title: Re: ROT & Helmet Law
Post by: jmdaniel on June 08, 2009, 01:26:22 PM
Believe me - you will be glad you have your helmet on when your head has the inevitable urge to strike that cop's night stick! :banghead:

Mine won't be there, with helmet or without, but thanks for the laugh!!!  :thumbup:
Title: Re: ROT & Helmet Law
Post by: VTreX on June 08, 2009, 01:57:42 PM
jeff, are you renting out your house and pool for the weekend????  :ohwow: :ohwow: :popcorn: :cuss:  Should I post your number??? :angryno: :rofl: :rofl: :rofl: :no no: :deadhorse: :deadhorse:
Title: Re: ROT & Helmet Law
Post by: jmdaniel on June 08, 2009, 02:01:46 PM
You couldn't afford it.  :rofl:

Good seeing you yesterday, Kenny!
Title: Re: ROT & Helmet Law
Post by: Txcajun on June 08, 2009, 05:06:32 PM
You couldn't afford it.  :rofl:

Good seeing you yesterday, Kenny!
What? There is not an open invitation?  :cuss: :cuss: :cuss: :thumbup:
Title: Re: ROT & Helmet Law
Post by: kajunkruzer on June 08, 2009, 05:54:31 PM
I am just going to wear my helmet. Heck, I do it all the time here in Louisiana, so what difference does it make? It'll keep my bald head from getting sunburnt too ;D
Title: Re: ROT & Helmet Law
Post by: RicksVTX on June 08, 2009, 06:26:43 PM
I think the one post about stuff getting leaked to help curb some of the folks getting killed or injured is closer to the truth than anything.. Every darn  year people get killed during the event. and most of them are drunk, careless and not wearing a helmet.

 Lucky and Luckys Lover aka Wayne and Connie and the wife and I have witnessed the rebuilding of Galveston on ticket at a time. we sat on a second floor patio for about a hour or so and couldnt get over how many people were getting pulled over.. That wont stop me from going back though. Just ride heads up and dont act a fool and they will leave you alone.. Wife and I rode in and out of there several times, passed cops right and left and not one paid us any mind at all..

I was surprised to learn about the helmet sticker. that was news to me, but is dead on correct..

Ride safe next weekend when you come my direction for ROT.. I wont be there.. To pricey for me..  LOL

Rick
Title: Re: ROT & Helmet Law
Post by: heart99 on June 12, 2009, 01:28:32 AM
I am a member of US Defenders and receive notifications on all laws and issues presented to all bikers (patch club members as well as Independents).  I just received a notification outlining a feature in Thunder Roads magazine.  Apparently Austin is inacted a law on May 15th, see the following.  I know that many don't want to be involved with the COC but the COC started the Texas Defenders last May and I am glad I became a member.  Even though ran by COC, these folks have begun a great movement.  I, as well as many others are notified of up coming bills and we have been blasting letters to the Senate and House to voice a united opinion.   They just move nationally from a Texas organization.  If you care,you will get involved as an Independent as I have.

[edited]
If you are interested go to http://www.legis.state.tx.us/BillLookup/    
and enter SB 1967.

From what I can see, the bill is sitting on the Governors desk and has not yet become a law.  but after reading further, governor doesn't have to sign.  it automatically becomes a bill if not signed "the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature."  This becomes a law in Sept but in the meantime you can be pulled over.  WEAR A HELMET!!!!   And get involved with these laws.


Helmet Law & ROT Rally
Reader warning:

As of Monday this week (May 15) the City of Austin has become Biker Unfriendly by enacting the Helmet Law. They are pulling over and issuing tickets to all bikers not wearing helmets. If you have the sticker on your plates then they let you slide but are making all others go to court and prove the have the qualifications to go w/o their helmet, IE over 21 and having $10,000 in PIP on their insurance which isn't listed on the card, or have attended motorcycle classes. This is no joke; within 5 miles while going through town I was stopped 3 times in one trip through.
 
Please warn all riders especially with the ROT Rally coming up.
Scott G



What was the violation of the bikers that are not wearing a helmet?




_________________
California Orange County Lawyer (http://www.skbesq.com/)

Title: Re: ROT & Helmet Law
Post by: starider on April 17, 2010, 11:02:24 PM
I wear a helmet 98% of the time. Ocasionally I'll cruise 5 miles into towm doin 30 mph and back with out a helmet. It's my head. Keep the commie laws out of my life. Let's face it. The law makers aren't interested in my life or any others. Laws make money. Tickets is where it's at for the cops. A typical cop with a radar can make a thousand a day for the police department. Most tickets are written for going 10 mph over the speed limit. Saving lives doesn't have anything to do with it. It's about money.
But I want the lawmakers to leave the decision up to me. This whole socialist crap will someday bring this country to rioting in the streets. We wont put up with this crap forever.
Title: Re: ROT & Helmet Law
Post by: HeadGuess on April 18, 2010, 08:11:47 AM
I wear a helmet 98% of the time. Ocasionally I'll cruise 5 miles into towm doin 30 mph and back with out a helmet. It's my head. Keep the commie laws out of my life. Let's face it. The law makers aren't interested in my life or any others. Laws make money. Tickets is where it's at for the cops. A typical cop with a radar can make a thousand a day for the police department. Most tickets are written for going 10 mph over the speed limit. Saving lives doesn't have anything to do with it. It's about money.
But I want the lawmakers to leave the decision up to me. This whole socialist crap will someday bring this country to rioting in the streets. We wont put up with this crap forever.

I heard most radar guns are donated to the departments by INSURANCE COMPANIES!

The helmet sticker law has been covered on previous post here several times in the past. You can download a form and send it in with the proper credentials put it on your plate and forget about it.
Title: Re: ROT & Helmet Law
Post by: beaux43 on April 18, 2010, 10:28:29 PM
 :redcard:      :redcard:      :deadhorse:
Title: Re: ROT & Helmet Law
Post by: jmdaniel on April 19, 2010, 12:19:49 AM
 :agree:
SimplePortal 2.3.3 © 2008-2010, SimplePortal