|(a) A motorcycle must be rejected for use by the instructor
if it fails to meet the requirements of this section or if, in the
discretion of the instructor, the motorcycle is unsafe or inappropriate
for the rider, an instructor, another student, or any other person
permitted in the riding area. A motorcycle may be deemed unsafe because
of modification, damage, lack of maintenance, nonstandard configuration,
or any other substantial safety reason.
(b) Student-owned motorcycles used in the basic, intermediate,
or advanced motorcycle operator training courses must:
(1) meet all the requirements for operation on public
(2) have proof of adequate insurance coverage available
for inspection by an instructor; and
(3) pass a safety inspection conducted by the instructor.
(c) A student may use a borrowed motorcycle if the
student can show written permission from the owner to use the motorcycle
in the course and if it meets the requirements of paragraphs (1),
(2), and (3) of subsection (b).
(d) A student electing to use a personal or borrowed
motorcycle in the basic motorcycle operator training course must sign
a waiver form stating that they accept all liability for damages caused
by, or to the vehicle.
(e) A motorcycle provided by a sponsor for use in the
basic motorcycle operator training course must meet a minimum of two
of the three criteria detailed in this subsection based on the original
equipment manufacturer's specifications without modifications:
(1) an engine displacement of 500cc or less;
(2) an unladened weight of 400 pounds or less; or,
(3) a seat height of 30 inches or less.
(f) Motorcycles on loan to sponsors from the department
for use in the basic motorcycle operator training course, if deemed
unsafe, may be required to be returned to the department.
(g) Sponsors may not provide a training motorcycle
or riding gear to a student for use in the advanced motorcycle operator
training course. If a sponsor provides a motorcycle to a student for
use in the basic motorcycle operator training course, the motorcycle:
(1) must meet the safety requirements of subsection
(a) and subsection (b) of this section; and
(2) may, but is not required to, be registered, inspected,
or insured for operation on public highways.
(h) Motorcycles, trikes, sidecar rigs, or any other
combinations of motorcycle equipment used in specialized motorcycle
training courses must be in safe operating condition, as determined
by the instructor, at the time of use.
|Source Note: The provisions of this §31.7 adopted to be effective April 20, 1993, 18 TexReg 2301; amended to be effective April 15, 1997, 22 TexReg 3305; amended to be effective May 1, 2001, 26 TexReg 3222; amended to be effective December 25, 2003, 28 TexReg 11343; amended to be effective December 23, 2004, 29 TexReg 11747; amended to be effective November 9, 2014, 39 TexReg 8596