| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the operation of all-terrain vehicles on public |
|
|
highways; providing a penalty; authorizing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 502.001(1), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(1) "All-terrain vehicle" means a motor vehicle that |
|
|
is: |
|
|
(A) equipped with a saddle for the use of: |
|
|
(i) the rider; and |
|
|
(ii) a passenger, if the motor vehicle is |
|
|
designed by the manufacturer to transport a passenger; |
|
|
(B) designed to propel itself with three or more |
|
|
tires in contact with the ground; |
|
|
(C) designed by the manufacturer for off-highway |
|
|
use or retrofitted for on- or off-highway use; and |
|
|
(D) not designed by the manufacturer primarily |
|
|
for farming or lawn care. |
|
|
SECTION 2. Section 502.040, Transportation Code, is amended |
|
|
by adding Subsection (e) to read as follows: |
|
|
(e) A provision of this subchapter applicable to a |
|
|
motorcycle also applies to an all-terrain vehicle operated on a |
|
|
public street, road, or highway as authorized by Section |
|
|
663.037(d-2). |
|
|
SECTION 3. Section 502.059(f), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(f) The registration insignia shall be attached to the rear |
|
|
license plate of the vehicle, if the vehicle is: |
|
|
(1) a motorcycle; |
|
|
(2) machinery used exclusively to drill water wells or |
|
|
construction machinery for which a distinguishing license plate has |
|
|
been issued under Section 502.146; [or] |
|
|
(3) oil well servicing, oil clean out, or oil well |
|
|
drilling machinery or equipment for which a distinguishing license |
|
|
plate has been issued under Subchapter G, Chapter 623; or |
|
|
(4) an all-terrain vehicle. |
|
|
SECTION 4. Section 502.140(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 502.040 and Subsection |
|
|
(b), a person may not register an all-terrain vehicle or a |
|
|
recreational off-highway vehicle, with or without design |
|
|
alterations, for operation on a public highway. |
|
|
SECTION 5. Section 502.251, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 502.251. FEE: MOTORCYCLE, [OR] MOPED, OR ALL-TERRAIN |
|
|
VEHICLE. The fee for a registration year for registration of a |
|
|
motorcycle, [or] moped, or all-terrain vehicle registered under |
|
|
Section 502.040 is $30. |
|
|
SECTION 6. Section 521.084, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 521.084. CLASS M LICENSE. A Class M driver's license |
|
|
authorizes the holder of the license to operate an all-terrain |
|
|
vehicle registered under Section 502.040, a motorcycle, or a moped. |
|
|
SECTION 7. Section 521.085(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Unless prohibited by Chapter 522, and except as provided |
|
|
by Subsection (b), the license holder may operate any vehicle of the |
|
|
type for which that class of license is issued and any lesser type |
|
|
of vehicle other than an all-terrain vehicle registered under |
|
|
Section 502.040, a motorcycle, or a moped. |
|
|
SECTION 8. Section 521.122(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) The department may include on the driver's license an |
|
|
authorization to operate an all-terrain vehicle registered under |
|
|
Section 502.040, a motorcycle, or a moped if the license holder has |
|
|
met all requirements for a Class M license. |
|
|
SECTION 9. Subchapter K, Chapter 521, Transportation Code, |
|
|
is amended by adding Section 521.226 to read as follows: |
|
|
Sec. 521.226. ALL-TERRAIN VEHICLE LICENSE. (a) A person |
|
|
may not operate an all-terrain vehicle registered under Section |
|
|
502.040 on a highway in this state unless the person holds a |
|
|
driver's license. An applicant for an all-terrain vehicle license |
|
|
must be 16 years of age or older. |
|
|
(b) The department shall administer to an applicant for an |
|
|
all-terrain vehicle license a written examination relating to the |
|
|
traffic laws applicable to the operation of the vehicle. A test |
|
|
involving the operation of the vehicle is not required. |
|
|
(c) An applicable provision of this chapter relating to a |
|
|
restricted Class M license applies also to an all-terrain vehicle |
|
|
license, including a provision relating to the application, |
|
|
issuance, duration, suspension, cancellation, or revocation of |
|
|
that license. |
|
|
(d) The department shall certify whether a vehicle alleged |
|
|
to be an all-terrain vehicle is an all-terrain vehicle. The |
|
|
department shall: |
|
|
(1) by rule establish the procedure for determining |
|
|
whether a vehicle is an all-terrain vehicle; |
|
|
(2) compile a list of all-terrain vehicles certified |
|
|
by the department; and |
|
|
(3) make the list available to the public on request. |
|
|
SECTION 10. Sections 521.421(b) and (e), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b) The fee for renewal of a Class M license or for renewal |
|
|
of a license that includes authorization to operate a motorcycle or |
|
|
an all-terrain vehicle is $32. |
|
|
(e) An applicant who changes from a lower to a higher class |
|
|
of license or who adds a type of vehicle other than a motorcycle or |
|
|
an all-terrain vehicle to the license shall pay a $10 fee for the |
|
|
required examination. |
|
|
SECTION 11. Section 521.421(f), Transportation Code, as |
|
|
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature, |
|
|
Regular Session, 1997, is amended to read as follows: |
|
|
(f) An applicant applying for additional authorization to |
|
|
operate a motorcycle or an all-terrain vehicle shall pay a $15 fee |
|
|
for the required application. |
|
|
SECTION 12. Section 521.421(f), Transportation Code, as |
|
|
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, |
|
|
Regular Session, 1997, is redesignated as Subsection (f-1) and |
|
|
amended to read as follows: |
|
|
(f-1) [(f)] If a Class A, B, or C driver's license includes |
|
|
an authorization to operate a motorcycle, a [or] moped, or an |
|
|
all-terrain vehicle, the fee for the driver's license is increased |
|
|
by $8. |
|
|
SECTION 13. Sections 522.029(d) and (g), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(d) An applicant who is changing a class of license, |
|
|
endorsement, or restriction or who is adding a class of vehicle |
|
|
other than a motorcycle or an all-terrain vehicle to the license |
|
|
must pay a fee of $10 for the examination, except for a renewal or |
|
|
original issuance of a commercial driver's license. |
|
|
(g) An applicant who is applying for additional |
|
|
authorization to operate a motorcycle or an all-terrain vehicle |
|
|
shall pay a fee of $15 for the examination. |
|
|
SECTION 14. Section 522.029(f), Transportation Code, as |
|
|
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature, |
|
|
Regular Session, 1997, is amended to read as follows: |
|
|
(f) The fee for renewal of a commercial driver's license or |
|
|
a commercial driver learner's permit that includes authorization to |
|
|
operate a motorcycle or an all-terrain vehicle is $45. |
|
|
SECTION 15. Section 522.029(f), Transportation Code, as |
|
|
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, |
|
|
Regular Session, 1997, is redesignated as Subsection (f-1) and |
|
|
amended to read as follows: |
|
|
(f-1) [(f)] If a commercial driver's license or commercial |
|
|
driver learner's permit includes an authorization to operate a |
|
|
motorcycle, a [or] moped, or an all-terrain vehicle, the fee for the |
|
|
driver's license or permit is increased by $8. |
|
|
SECTION 16. Section 522.041(e), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(e) The holder of a commercial driver's license may drive |
|
|
any vehicle in the class for which the license is issued and lesser |
|
|
classes of vehicles except an all-terrain vehicle registered under |
|
|
Section 502.040, a motorcycle, or a moped. The holder may drive an |
|
|
all-terrain vehicle registered under Section 502.040 or a |
|
|
motorcycle only if authorization to drive a motorcycle or an |
|
|
all-terrain vehicle is shown on the commercial driver's license and |
|
|
the requirements for issuance of a motorcycle or all-terrain |
|
|
vehicle license have been met. |
|
|
SECTION 17. Section 541.201(12), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(12) "Passenger car" means a motor vehicle, other than |
|
|
a motorcycle or an all-terrain vehicle, used to transport persons |
|
|
and designed to accommodate 10 or fewer passengers, including the |
|
|
operator. |
|
|
SECTION 18. Sections 545.424(b) and (b-1), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b) A person under 17 years of age who holds a restricted |
|
|
motorcycle license, [or] moped license, or all-terrain vehicle |
|
|
license may not operate a motorcycle, [or] moped, or all-terrain |
|
|
vehicle while using a wireless communications device, except in |
|
|
case of emergency. |
|
|
(b-1) A person under 17 years of age who holds a restricted |
|
|
motorcycle license, [or] moped license, or all-terrain vehicle |
|
|
license during the 12-month period following the issuance of an |
|
|
original motorcycle license, [or] moped license, or all-terrain |
|
|
vehicle license to the person, may not operate a motorcycle, [or] |
|
|
moped, or all-terrain vehicle after midnight and before 5 a.m. |
|
|
unless: |
|
|
(1) the person is in sight of the person's parent or |
|
|
guardian; or |
|
|
(2) the operation of the vehicle is necessary for the |
|
|
operator to attend or participate in employment or a school-related |
|
|
activity or because of a medical emergency. |
|
|
SECTION 19. Sections 547.333(a) and (d), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(a) Unless provided otherwise, a headlamp, auxiliary |
|
|
driving lamp, auxiliary passing lamp, or combination of those lamps |
|
|
mounted on a motor vehicle, other than a motorcycle, a [or] |
|
|
motor-driven cycle, or an all-terrain vehicle: |
|
|
(1) shall be arranged so that the operator can select |
|
|
at will between distributions of light projected at different |
|
|
elevations; and |
|
|
(2) may be arranged so that the operator can select the |
|
|
distribution automatically. |
|
|
(d) A motor vehicle of a model year of 1948 or later, other |
|
|
than a motorcycle, a [or] motor-driven cycle, or an all-terrain |
|
|
vehicle, that has multiple-beam lighting equipment shall be |
|
|
equipped with a beam indicator that is: |
|
|
(1) designed and located so that the lighted indicator |
|
|
is visible without glare to the vehicle operator; and |
|
|
(2) lighted only when the uppermost distribution of |
|
|
light is in use. |
|
|
SECTION 20. Section 547.404(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) A vehicle required to have brakes by this subchapter, |
|
|
other than a motorcycle, a [or] motor-driven cycle, or an |
|
|
all-terrain vehicle, shall be equipped with parking brakes adequate |
|
|
to hold the vehicle: |
|
|
(1) on any grade on which the vehicle is operated; |
|
|
(2) under all loading conditions; and |
|
|
(3) on a surface free from snow, ice, or loose |
|
|
material. |
|
|
SECTION 21. Section 547.408(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) A motor vehicle or combination of vehicles shall be |
|
|
equipped with service brakes capable of: |
|
|
(1) developing a braking force that is not less than: |
|
|
(A) 52.8 percent of the gross weight of the |
|
|
vehicle for a passenger vehicle; or |
|
|
(B) 43.5 percent of the gross weight of the |
|
|
vehicle for a vehicle other than a passenger vehicle; |
|
|
(2) decelerating to a stop from 20 miles per hour or |
|
|
less at not less than: |
|
|
(A) 17 feet per second per second for a passenger |
|
|
vehicle; or |
|
|
(B) 14 feet per second per second for other |
|
|
vehicles; and |
|
|
(3) stopping from a speed of 20 miles per hour in a |
|
|
distance, measured from the location where the service brake pedal |
|
|
or control is activated, of not more than: |
|
|
(A) 25 feet for a passenger vehicle; |
|
|
(B) 30 feet for an all-terrain vehicle registered |
|
|
under Section 502.040, a motorcycle, a motor-driven cycle, or a |
|
|
single unit vehicle with a manufacturer's gross vehicle weight |
|
|
rating of 10,000 pounds or less; |
|
|
(C) 40 feet for: |
|
|
(i) a single unit vehicle with a |
|
|
manufacturer's gross weight rating of more than 10,000 pounds; |
|
|
(ii) a two-axle towing vehicle and trailer |
|
|
combination with a weight of 3,000 pounds or less; |
|
|
(iii) a bus that does not have a |
|
|
manufacturer's gross weight rating; and |
|
|
(iv) the combination of vehicles in an |
|
|
operation exempted by Section 547.407(b); and |
|
|
(D) 50 feet for other vehicles. |
|
|
SECTION 22. The heading to Subchapter M, Chapter 547, |
|
|
Transportation Code, is amended to read as follows: |
|
|
SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR |
|
|
MOTORCYCLES, [AND] MOTOR-DRIVEN CYCLES, AND ALL-TERRAIN VEHICLES |
|
|
SECTION 23. Sections 547.801(a), (b), and (d), |
|
|
Transportation Code, are amended to read as follows: |
|
|
(a) A motorcycle, including a motor-driven cycle, or an |
|
|
all-terrain vehicle registered under Section 502.040 shall be |
|
|
equipped with: |
|
|
(1) not more than two headlamps mounted at a height |
|
|
from 24 to 54 inches; |
|
|
(2) at least one taillamp mounted at a height from 20 |
|
|
to 72 inches; |
|
|
(3) a taillamp or separate lamp to illuminate the rear |
|
|
license plate that complies with the requirements of Sections |
|
|
547.322(f) and (g); |
|
|
(4) at least one stoplamp that complies with the |
|
|
requirements of Section 547.323(d); and |
|
|
(5) at least one rear red reflector that complies with |
|
|
the requirements of Section 547.325(b) and may be included as a part |
|
|
of the taillamp. |
|
|
(b) A motorcycle, other than a motor-driven cycle, or an |
|
|
all-terrain vehicle registered under Section 502.040 shall be |
|
|
equipped with multiple-beam lighting equipment that produces: |
|
|
(1) an uppermost distribution of light that reveals a |
|
|
person or vehicle at a distance of at least 300 feet ahead; and |
|
|
(2) a lowermost distribution of light that: |
|
|
(A) reveals a person or vehicle at a distance of |
|
|
at least 150 feet ahead; and |
|
|
(B) is aimed so that no part of the |
|
|
high-intensity portion of the beam on the motorcycle or all-terrain |
|
|
vehicle that is on a straight and level road under any condition of |
|
|
loading projects into the eyes of an approaching vehicle operator. |
|
|
(d) A motorcycle or an all-terrain vehicle may not be |
|
|
operated at any time unless at least one headlamp on the vehicle |
|
|
[motorcycle] is illuminated. This subsection does not apply to a |
|
|
motorcycle or an all-terrain vehicle manufactured before the model |
|
|
year 1975. |
|
|
SECTION 24. Section 547.802(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) If a motorcycle, including a motor-driven cycle, or an |
|
|
all-terrain vehicle registered under Section 502.040 complies with |
|
|
the performance requirements of Section 547.408, brakes are not |
|
|
required on the wheel of a sidecar attached to the vehicle [cycle]. |
|
|
SECTION 25. Section 548.051, Transportation Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) An all-terrain vehicle registered under Section 502.040 |
|
|
is subject to inspection in the same manner as a motorcycle. |
|
|
SECTION 26. Section 548.104(e), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(e) The department shall adopt rules relating to inspection |
|
|
of and issuance of an inspection certificate for a moped or an |
|
|
all-terrain vehicle. |
|
|
SECTION 27. Section 548.255(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) The department shall: |
|
|
(1) require that a certificate for an all-terrain |
|
|
vehicle registered under Section 502.040 or a motorcycle be |
|
|
attached to the rear of the vehicle [motorcycle] near the license |
|
|
plate; and |
|
|
(2) adopt rules with respect to display of an |
|
|
inspection certificate for a moped. |
|
|
SECTION 28. Section 621.001(1), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(1) "Commercial motor vehicle" means a motor vehicle, |
|
|
other than a motorcycle or an all-terrain vehicle, designed or used |
|
|
for: |
|
|
(A) the transportation of property; or |
|
|
(B) delivery purposes. |
|
|
SECTION 29. Section 642.001(1), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(1) "Motor vehicle" means a motor vehicle, other than |
|
|
a motorcycle or an all-terrain vehicle, that is designed or used |
|
|
primarily for the transportation of persons or property. |
|
|
SECTION 30. Section 663.001(1), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(1) "All-terrain vehicle" means a motor vehicle that |
|
|
is: |
|
|
(A) equipped with a saddle for the use of: |
|
|
(i) the rider; and |
|
|
(ii) a passenger, if the motor vehicle is |
|
|
designed by the manufacturer to transport a passenger; |
|
|
(B) designed to propel itself with three or four |
|
|
tires in contact with the ground; |
|
|
(C) designed by the manufacturer for off-highway |
|
|
use or retrofitted for on- or off-highway use [by the operator
|
|
|
only]; and |
|
|
(D) not designed by the manufacturer for farming |
|
|
or lawn care. |
|
|
SECTION 31. Section 663.002(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 663.037, Chapter 521 does |
|
|
not apply to the operation or ownership of an all-terrain vehicle |
|
|
that is not registered under Section 502.040 [registered for
|
|
|
off-highway operation]. |
|
|
SECTION 32. The heading to Section 663.037, Transportation |
|
|
Code, is amended to read as follows: |
|
|
Sec. 663.037. OPERATION ON PUBLIC ROADWAY [PROHIBITED]. |
|
|
SECTION 33. Section 663.037, Transportation Code, is |
|
|
amended by adding Subsection (d-2) to read as follows: |
|
|
(d-2) This subsection does not apply to a recreational |
|
|
off-highway vehicle. The operator of an all-terrain vehicle |
|
|
registered under Section 502.040 may drive the vehicle on a public |
|
|
street, road, or highway that is not an interstate or |
|
|
limited-access highway, if: |
|
|
(1) the public street, road, or highway is located in a |
|
|
county with a population of less than 500,000; |
|
|
(2) the operator does not exceed the lesser of: |
|
|
(A) the posted speed limit; or |
|
|
(B) 45 miles per hour; and |
|
|
(3) the vehicle is operated in the nearest lane to the |
|
|
right of the street, road, or highway, if the posted speed limit is |
|
|
more than 45 miles per hour. |
|
|
SECTION 34. (a) Not later than January 1, 2014, the |
|
|
Department of Motor Vehicles shall adopt rules necessary to |
|
|
implement the changes in law made by this Act. |
|
|
(b) The changes in law made by this Act apply only to an |
|
|
application for an original or renewal driver's license made on or |
|
|
after September 1, 2013. |
|
|
SECTION 35. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2013. |
|
|
(b) Chapter 633, Transportation Code, as amended by this |
|
|
Act, takes effect February 1, 2014. |