ROT and City of Austin Helmet Law
#21
Join Date: Dec 2004
Location: Texas! Ya mean there's someplace else?
Posts: 11,062
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'Sides, you're from Houston and all them chemicals has done rotted your brain.
#22
Well, I'm one of those guys that won't spend $5 for the friggin' sticker. I won't because I think it is BS. Next they may try to sell us stickers to put on the back of all our vehicles stating that we have a driver's license.
I ride in Texas all the time without a helmet and have never been stopped so, in my experience, most of the state and local officers are not chickenchit and I am not planning on changing for the few that might be.
I ride in Texas all the time without a helmet and have never been stopped so, in my experience, most of the state and local officers are not chickenchit and I am not planning on changing for the few that might be.
#23
How do they determine that you meet the 10K medical just by looking at the card? is 10K the minimum for every state? If not how do they "verify" out of state riders with no helmet since they would not have the sticker and realsitically how many people carry a MSF certification card.
#24
Join Date: Dec 2004
Location: Texas! Ya mean there's someplace else?
Posts: 11,062
Received 1,212 Likes
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462 Posts
How do they determine that you meet the 10K medical just by looking at the card? is 10K the minimum for every state? If not how do they "verify" out of state riders with no helmet since they would not have the sticker and realsitically how many people carry a MSF certification card.
7. Does the insurance card have to state that the insurance affords benefits of at least $10,000 for injuries incurred as a result of a motorcycle accident?
No. Major health insurance plans almost always provide at least $10,000 coverage, generally more. Moreover, the Department’s administrative rules do not require the insurance card to display the amount of policy coverage. Therefore, an insurance card such as provided by an employer, group health insurance company (HMO/PPO), the Veterans Administration, Medicare or Medicaid, is prima facie proof that the coverage meets statutory requirements and is satisfactory proof of the required coverage. Insurance cards for life insurance policies, cancer only policies, or accidental death and dismemberment policies do not meet the health insurance plan requirement as they have a more narrow coverage than is required by the statute.
To simplify it further, the DPS says that simply having an insurance card in your possession is proof that you meet the requirements, and that an officer can not legally ticket you. That's where the local-yokels go off the deep end, and essentially violate your rights if they do ticket you. If enough people decide to take the violating jurisdictions to court, causing them to pay all the legal fees, etc., then this BS will stop.
To be fair, it usually isn't individual officers just deciding to do this crap, but some city/county admin puke ordering the department to go gin up some bucks. But I do fault an officer who follows such an illegal order after he's been shown he's in the wrong.
I carry my insurance card, and I carry a reduced-in-size laminated copy of the certificate I got after attending the Navy's mandatory safety course.
Last edited by pococj; 06-10-2009 at 07:47 PM. Reason: 'Cuz I always wanted to be an editor!
#25
[QUOTE=EdwardK;5121680]
I also think it's funny that you guys will spend hundreds of dollars on bling for you bike but you whine about $5 that is good for three years that in my opinion, basically says to the cop, "F' you. I'm legal".QUOTE]
Who you accusing of whining, I'm telling that my wife was pulled over for a helmet DOT sticker check in front of the dealer and yea I got a buddy that was pulled over on I35 because the cop couldn't read the tiny $5 sticker, that was it.
BTW, she wears a helmet & I do to so we don't need the stupid $5 sticker, but I will give my opinion about it & if I want to ride with my Browning cap I will. One more thing, I don't give a ****.
I also think it's funny that you guys will spend hundreds of dollars on bling for you bike but you whine about $5 that is good for three years that in my opinion, basically says to the cop, "F' you. I'm legal".QUOTE]
Who you accusing of whining, I'm telling that my wife was pulled over for a helmet DOT sticker check in front of the dealer and yea I got a buddy that was pulled over on I35 because the cop couldn't read the tiny $5 sticker, that was it.
BTW, she wears a helmet & I do to so we don't need the stupid $5 sticker, but I will give my opinion about it & if I want to ride with my Browning cap I will. One more thing, I don't give a ****.
#26
How do they determine that you meet the 10K medical just by looking at the card? is 10K the minimum for every state? If not how do they "verify" out of state riders with no helmet since they would not have the sticker and realsitically how many people carry a MSF certification card.
#27
From an earlier post, quoting the Texas DPS site:
7. Does the insurance card have to state that the insurance affords benefits of at least $10,000 for injuries incurred as a result of a motorcycle accident?
No. Major health insurance plans almost always provide at least $10,000 coverage, generally more. Moreover, the Department’s administrative rules do not require the insurance card to display the amount of policy coverage. Therefore, an insurance card such as provided by an employer, group health insurance company (HMO/PPO), the Veterans Administration, Medicare or Medicaid, is prima facie proof that the coverage meets statutory requirements and is satisfactory proof of the required coverage. Insurance cards for life insurance policies, cancer only policies, or accidental death and dismemberment policies do not meet the health insurance plan requirement as they have a more narrow coverage than is required by the statute.
To simplify it further, the DPS says that simply having an insurance card in your possession is proof that you meet the requirements, and that an officer can not legally ticket you. That's where the local-yokels go off the deep end, and essentially violate your rights if they do ticket you. If enough people decide to take the violating jurisdictions to court, causing them to pay all the legal fees, etc., then this BS will stop.
To be fair, it usually isn't individual officers just deciding to do this crap, but some city/county admin puke ordering the department to go gin up some bucks. But I do fault an officer who follows such an illegal order after he's been shown he's in the wrong.
I carry my insurance card, and I carry a reduced-in-size laminated copy of the certificate I got after attending the Navy's mandatory safety course.
7. Does the insurance card have to state that the insurance affords benefits of at least $10,000 for injuries incurred as a result of a motorcycle accident?
No. Major health insurance plans almost always provide at least $10,000 coverage, generally more. Moreover, the Department’s administrative rules do not require the insurance card to display the amount of policy coverage. Therefore, an insurance card such as provided by an employer, group health insurance company (HMO/PPO), the Veterans Administration, Medicare or Medicaid, is prima facie proof that the coverage meets statutory requirements and is satisfactory proof of the required coverage. Insurance cards for life insurance policies, cancer only policies, or accidental death and dismemberment policies do not meet the health insurance plan requirement as they have a more narrow coverage than is required by the statute.
To simplify it further, the DPS says that simply having an insurance card in your possession is proof that you meet the requirements, and that an officer can not legally ticket you. That's where the local-yokels go off the deep end, and essentially violate your rights if they do ticket you. If enough people decide to take the violating jurisdictions to court, causing them to pay all the legal fees, etc., then this BS will stop.
To be fair, it usually isn't individual officers just deciding to do this crap, but some city/county admin puke ordering the department to go gin up some bucks. But I do fault an officer who follows such an illegal order after he's been shown he's in the wrong.
I carry my insurance card, and I carry a reduced-in-size laminated copy of the certificate I got after attending the Navy's mandatory safety course.
TITLE 18 > PART I > CHAPTER 13 > § 242
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§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.
#28
[QUOTE=deni;5122150]
Who you accusing of whining, I'm telling that my wife was pulled over for a helmet DOT sticker check in front of the dealer and yea I got a buddy that was pulled over on I35 because the cop couldn't read the tiny $5 sticker, that was it.
BTW, she wears a helmet & I do to so we don't need the stupid $5 sticker, but I will give my opinion about it & if I want to ride with my Browning cap I will. One more thing, I don't give a ****.
Easy, Easy...I was hoping by all the smiley faces people would realize I was going for a laugh. Didn't mean to offend.
Maybe the cop thought she was hot and wanted a better look Cops have been known to do worse. Maybe the cops in that area are that way because of how liberal Austin is. Harleys make too much noise and we've all modified the exhaust and our carbon footprint is now bigger than a Prius. Intresting way to "Keep Austin Weird" ( I'm still kidding)
So... if you can leagally ride without a helmet, can they give you a ticket for wearing a non DOT helmet?? I also find in interesting that we can leagally ride with out a helmet, but heaven forbid I don't wear my seat belt in my big SUV with air bags????
And pococj....just because I live in Houston and work near the ship channel, doesn't mean I suffer from drain bamage
I hope every one is safe and enjoys the rally and the great riding in the hill country. I know I will. Of course now after all this, I'm going to be stopped by every cop. Thank god I'm riding with one while there (a retired one anyway).
Who you accusing of whining, I'm telling that my wife was pulled over for a helmet DOT sticker check in front of the dealer and yea I got a buddy that was pulled over on I35 because the cop couldn't read the tiny $5 sticker, that was it.
BTW, she wears a helmet & I do to so we don't need the stupid $5 sticker, but I will give my opinion about it & if I want to ride with my Browning cap I will. One more thing, I don't give a ****.
Maybe the cop thought she was hot and wanted a better look Cops have been known to do worse. Maybe the cops in that area are that way because of how liberal Austin is. Harleys make too much noise and we've all modified the exhaust and our carbon footprint is now bigger than a Prius. Intresting way to "Keep Austin Weird" ( I'm still kidding)
So... if you can leagally ride without a helmet, can they give you a ticket for wearing a non DOT helmet?? I also find in interesting that we can leagally ride with out a helmet, but heaven forbid I don't wear my seat belt in my big SUV with air bags????
And pococj....just because I live in Houston and work near the ship channel, doesn't mean I suffer from drain bamage
I hope every one is safe and enjoys the rally and the great riding in the hill country. I know I will. Of course now after all this, I'm going to be stopped by every cop. Thank god I'm riding with one while there (a retired one anyway).
#29
I dunno why you guys are bitching about this, i mean its the law and it could be worst ..... like a helmet state.
Buddy of mine from outta state carries his health card plus a copy of his first page of health insurance plan (both of which have policy # on it)
How do they determine that you meet the 10K medical just by looking at the card? is 10K the minimum for every state? If not how do they "verify" out of state riders with no helmet since they would not have the sticker and realsitically how many people carry a MSF certification card.
Last edited by digz`; 06-10-2009 at 10:19 PM.
#30
[QUOTE=EdwardK;5122441]Yes if you ride with a non-DOT helmet you can get a ticket. Does not make sense to me, so I have never given anyone a ticket for it.