2005 Texas Transportation Code CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES

TRANSPORTATION CODE

CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES

SUBCHAPTER A. APPLICATION OF CHAPTER


	§ 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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2003, 78th Leg., ch. 1318, § 4, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 1085, § 9, eff. Sept. 1, 2001.

SUBCHAPTER B. REGULATION OF OPERATION


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 13, 
eff. Sept. 1, 2001.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 1085, § 10, 13, eff. Sept. 1, 2001.


	§ 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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 1085, § 11, eff. Sept. 1, 2001.


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 12, eff. Sept. 1, 
2001.       

SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES


	§ 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, § 5, eff. Sept. 1, 2003.          


	§ 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, § 5, eff. Sept. 1, 2003.          


	§ 551.203. SIDEWALKS.  A person may operate an electric 
personal assistive mobility device on a sidewalk.

Added by Acts 2003, 78th Leg., ch. 1318, § 5, eff. Sept. 1, 2003.          

SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES




	§ 551.301. DEFINITIONS.                                                     

Text of section as amended by Acts 2005, 79th Leg., ch. 281, § 
2.86
	In this subchapter:                                                            
		(1)  "Neighborhood electric vehicle" means a vehicle 
subject to 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, § 7, eff. Sept. 1, 2003;  
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 281, § 2.86, eff. June 14, 
2005.

For text of section as amended by Acts 2005, 79th Leg., ch. 1242, 
§ 2, see § 551.301, post.


	§ 551.301. DEFINITION.                                                      

Text of section as amended by Acts 2005, 79th Leg., ch. 1242, § 2
	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, § 7, eff. Sept. 1, 2003;  
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 1242, § 2, eff. June 18, 
2005.

For text of section as amended by Acts 2005, 79th Leg., ch. 281, 
§ 2.86, see § 551.301, ante.


	§ 551.302. REGISTRATION.  The Texas Department of 
Transportation may adopt rules relating to the registration and 
issuance of license plates to neighborhood electric vehicles.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.          


	§ 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 35 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 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, § 7, eff. Sept. 1, 2003.          


	§ 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, § 2.87, eff. June 14, 
2005.      

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS


	§ 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, § 3, eff. June 18, 2005.          


	§ 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, § 3, eff. June 18, 2005.