Tex. Transp. Code Section 545.416
Riding on Motorcycle or Moped

(a)

An operator of a motorcycle or moped shall ride on the permanent and regular seat attached to the motorcycle or moped.

(b)

An operator may not carry another person on the motorcycle or moped, and a person who is not operating the motorcycle or moped may not ride on the motorcycle or moped, unless the motorcycle or moped is:

(1)

designed to carry more than one person; and

(2)

equipped with footrests and handholds for use by the passenger.

(c)

If the motorcycle or moped is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle or moped behind or to the side of the operator.

(d)

Except as provided by Subsection (e), an operator may not carry another person on a motorcycle or moped unless the other person is at least five years of age. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. It is a defense to prosecution under this subsection that the operator was operating the motorcycle or moped in an emergency or for a law enforcement purpose.

(e)

Subsection (d) does not prohibit an operator from carrying on a motorcycle or moped a person younger than five years of age who is seated in a sidecar attached to the motorcycle or moped.

(f)

For purposes of Subsections (c) and (d), an autocycle as defined by Section 501.008 (Title for Autocycle) is considered to be a motorcycle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1257 (H.B. 537), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 67 (S.B. 449), Sec. 5, eff. May 22, 2015.
Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 2.07, eff. September 1, 2019.

Source: Section 545.416 — Riding on Motorcycle or Moped, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­545.­htm#545.­416 (accessed May 26, 2025).

545.001
Definitions 545.002
Operator 545.051
Driving on Right Side of Roadway 545.052
Driving Past Vehicle Moving in Opposite Direction 545.053
Passing to the Left 545.054
Passing to the Left: Safe Distance 545.055
Passing to the Left: Passing Zones 545.056
Driving to Left of Center of Roadway: Limitations Other than Passing 545.057
Passing to the Right 545.058
Driving on Improved Shoulder 545.059
One-way Roadways and Rotary Traffic Islands 545.060
Driving on Roadway Laned for Traffic 545.061
Driving on Multiple-lane Roadway 545.062
Following Distance 545.063
Driving on Divided Highway 545.064
Restricted Access 545.065
State and Local Regulation of Limited-access or Controlled-access Highways 545.066
Passing a School Bus 545.101
Turning at Intersection 545.102
Turning on Curve or Crest of Grade 545.103
Safely Turning 545.104
Signaling Turns 545.105
Signaling Stops 545.106
Signals by Hand and Arm or by Signal Lamp 545.107
Method of Giving Hand and Arm Signals 545.151
Vehicle Approaching or Entering Intersection 545.152
Vehicle Turning Left 545.153
Vehicle Entering Stop or Yield Intersection 545.154
Vehicle Entering or Leaving Limited-access or Controlled-access Highway 545.155
Vehicle Entering Highway from Private Road or Driveway 545.156
Vehicle Approached by Authorized Emergency Vehicle 545.157
Passing Certain Vehicles 545.201
Passing Streetcar to Left 545.202
Passing Streetcar to Right 545.203
Driving on Streetcar Tracks 545.204
Streetcar Approached by Authorized Emergency Vehicle 545.205
Crossing Fire Hose 545.206
Obstruction of Operator’s View or Driving Mechanism 545.251
Obedience to Signal Indicating Approach of Train or Other On-track Equipment 545.252
All Vehicles to Stop at Certain Railroad Grade Crossings 545.253
Buses to Stop at All Railroad Grade Crossings 545.254
Vehicles Carrying Explosive Substances or Flammable Liquids 545.255
Moving Heavy Equipment at Railroad Grade Crossings 545.256
Emerging from an Alley, Driveway, or Building 545.301
Stopping, Standing, or Parking Outside a Business or Residence District 545.302
Stopping, Standing, or Parking Prohibited in Certain Places 545.303
Additional Parking Regulations 545.304
Moving the Vehicle of Another 545.305
Removal of Unlawfully Stopped Vehicle 545.306
Regulation of Towing Companies in Certain Counties 545.307
Overnight Parking of Commercial Motor Vehicle in or near Residential Subdivision 545.308
Presumption 545.351
Maximum Speed Requirement 545.352
Prima Facie Speed Limits 545.353
Authority of Texas Transportation Commission to Alter Speed Limits 545.354
Authority of Regional Tollway Authorities to Alter Speed Limits on Turnpike Projects 545.355
Authority of County Commissioners Court to Alter Speed Limits 545.356
Authority of Municipality to Alter Speed Limits 545.357
Consideration of Speed Limits Where Certain Schools Are Located 545.358
Authority of Commanding Officer of United States Military Reservation to Alter Speed Limits 545.359
Conflicting Designated Speed Limits 545.360
Duty of Texas Transportation Commission and State Board of Education to Provide Information and Assistance 545.361
Special Speed Limitations 545.362
Temporary Speed Limits 545.363
Minimum Speed Regulations 545.364
Speed Limit Signs After Construction or Maintenance Work Zone 545.365
Speed Limit Exception for Emergencies 545.401
Reckless Driving 545.402
Moving a Parked Vehicle 545.403
Driving Through Safety Zone 545.404
Unattended Motor Vehicle 545.405
Driving on Mountain Highway 545.406
Coasting 545.407
Following or Obstructing Fire Apparatus or Ambulance 545.408
Crossing Fire Hose 545.409
Drawbars and Trailer Hitches 545.410
Towing Safety Chains 545.411
Use of Rest Area: Offense 545.412
Child Passenger Safety Seat Systems 545.413
Safety Belts 545.414
Riding in Open Beds 545.415
Backing a Vehicle 545.416
Riding on Motorcycle or Moped 545.417
Obstruction of Operator’s View or Driving Mechanism 545.418
Opening Vehicle Doors 545.419
Riding in House Trailer 545.420
Racing on Highway 545.421
Fleeing or Attempting to Elude Police Officer 545.422
Crossing Sidewalk or Hike and Bike Trail 545.423
Crossing Property 545.425
Use of Wireless Communication Device in a School Crossing Zone or While Operating a Bus with a Minor Passenger 545.426
Operation of School Bus 545.427
Operation of Vehicle with Insufficient Undercarriage Clearance 545.428
Motor Vehicle Collision Involving Pedestrian or Other Vulnerable Road User Within Area of Crosswalk 545.451
Definitions 545.452
Exclusive Regulation of the Operation of Automated Motor Vehicles and Automated Driving Systems 545.453
Operator of Automated Motor Vehicle 545.454
Automated Motor Vehicle Operation 545.455
Duties Following Collision Involving Automated Motor Vehicle 545.456
Vehicle Classification 545.0605
Operation of Motorcycles on Roadway Laned for Traffic 545.0651
Restriction on Use of Highway 545.0652
County Restriction on Use of Highway 545.0653
Restriction on Use of Highway in Maintenance or Construction Work Zone 545.2535
School Buses to Stop at All Railroad Grade Crossings 545.2555
Report and Investigation of Certain Railroad Crossing Violations 545.3051
Removal of Personal Property from Roadway or Right-of-way 545.3075
Overnight Parking of Commercial Motor Vehicle near Certain Apartment Complexes 545.3531
Authority of District Engineer to Temporarily Lower Speed Limit at Highway Maintenance Activity Site 545.3535
Authority of Texas Transportation Commission to Alter Speed Limits on Certain Roads 545.3561
Authority of Municipality or County to Temporarily Lower Speed Limit at Vehicular Collision Reconstruction Site 545.3625
Confidentiality of Violation Information: Fuel Conservation Speed Limit 545.4121
Dismissal 545.4145
Riding in or on Boat or Personal Watercraft Drawn by Vehicle 545.4165
Operation of Certain Motorcycles 545.4191
Person Riding in Trailer or Semitrailer Drawn by Truck, Road Tractor, or Truck Tractor 545.4205
Interference with Peace Officer Investigation of Highway Racing or Reckless Driving Exhibition 545.4251
Use of Portable Wireless Communication Device for Electronic Messaging 545.4252
Use of Wireless Communication Device on School Property
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Verified:
May 26, 2025

§ 545.416. Riding on Motorcycle or Moped's source at texas​.gov