Let me preface with.. I do not intended to sound condescending or lecturing. Reading the responses it appears many if not all that have posted do not understand the background of this law. To understand HB 3838 which has been law since 1 SEP 2013.. IOW it's not new..(what your reading about here) you have to understand the predecessor bill HB 2470
http://www.legis.state.tx.us/BillLookup ... ill=HB2470" onclick="window.open(this.href);return false; from the 2011 session, Malorie Bullock and her mother as well as this think from a few years ago that was concealed carry of a hand gun and the blood in the streets it would cause.
Malorie Bullock died April 8 2010 while riding on the back of a sport bike that had no hand holds, no foot pegs and a rider not trained sufficiently. NOTHING IN HB3838 or HB 2470 would have saved her life... that to all who research will find clear other than her mother. Just like 30.06 would not have saved the victims of Lubys massacre.
HB2470 was a horrendous bill that was heart felt, but poorly written by those who do not understand motorcycles and causes of crashes. (something like those that opposed concealed carry at it's inception) It attempted to regulate who by age and experience could ride a ""Sport bike" (A) that is optimized for speed, acceleration, braking, and maneuverability on paved roads; (B) that has a light-weight frame; (C) on which the rider leans forward over the gas tank; and(D) is not a touring, cruiser, standard, or dual-sport motorcycle."
HB2470 died because of the tremendous opposition by those that cared enough to detail why it was a failure. only applied to one type of motorcycle, poorly defined "type" poor definition of what and who it applied to... general vagueness
The Bill was stripped of much nonsense for the 2011 session and introduced as HB3838... it was still a feel good law, still would have no real impact on safety and was still poorly written. It was passed and signed into law, I believe because those that did so misunderstood it to be a mean nothing, no effect law,, but hey, they could point to the "good" they did so there ya go.
HB3838 has no effect on new motorcycles sold for the last 2 dozen or so years...as all designed to ride a passenger have the required hand holds, seat and foot pegs.
The issues are several...the wording "Designed to carry a passenger" ,designed by who? the manufacture? of the motorcycle owner? Hand holds... what are they? The manufactures know....and the design features vary from a seat strap to a handle, to a ledge or surface. but they law includes no definition,, so what is a officer, prosecutor, judge to do? Yup you guessed, make it up as they go.
What of a motorcycle that has been "designed" or modified by the property owner to no longer carry a passenger? is that permissible?
What motorcycles were designed by the manufacture to carry a pass anger? and how will a LEO, prosecutor, judge know which ones are "designed' or not?
What we asked for was no law, as that was not going to happen, we asked that the standard be simple.. If the motorcycle had a passenger it required all three features.. seat surface, hand hold of any type that mirrored an OEM installed feature, and foot rests for the passenger. If it lacked any of the three it could not legally carry a passenger. We asked that the law only be enforceable if a passenger was actually being carried at the time of the alleged infraction. What we got was HB3838 that miserably falls to make anyone safer and fails to give riders, officers, prosecutor and judges the specific wording in simple terms to abide by the law, enforce it and educated when required.
The Law is not helpful, it makes no one safer, it makes lawful infractions where they need not be any .. Take one of my motorcycles for example.a 1998 Honda VTR1000F. It was "designed" by the manufacture to carry a passenger. Came with a seat, foot rests and a seat strap hand hold. Long ago I decided I had no need for such features as I do not ride passengers on this bike. I modified the "design" so it was not capable of carrying a passenger.. a seat cowl was installed (no more seat surface for a passenger) the seat strap was removed when a new more comfortable custom seat was installed, and the foot pegs were removed.
Is this bike in violation of HB3838 as it sits, ridden or not, carrying a passenger or not because it was "designed" to carry a passenger by the OEM but no longer has those three features? Some officer, prosecutor, judge might say yes, others no.
I am charged by DPS to inform all my new riders every week about this law.,, so I do,, I also ask them to contact their representatives and ask for the law to be repealed or modified as recommended. Please, do as well.
Thanks
Erik
Motorcycle Safety Foundation Rider coach
DPS approved basic and advanced motorcycle Training provider
Owner and Operator of Marquez Racing, Service, Adventure bike prep, repair