Proposed Administrative Rules

Chapter 98. Motorcycle and ATV Operator Safety Program
Proposal Filed: May 14, 2021 – Published in the Texas Register: May 28, 2021
Deadline for Public Comment: June 28, 2021

Underlined text is new language.
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The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 98, §§98.10, 98.20-98.23, 98.26, 98.70, 98.100, 98.104, 98.106, 98.108, 98.110, 98.112, 98.114; and proposes a new rule at §98.116, regarding the Motorcycle and ATV Operator Safety Program. These proposed changes are referred to as “proposed rules.”

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 98 implement Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety.

The proposed rules update requirements related to eligibility for motorcycle school and instructor licenses; protective gear worn by instructors; approval of training sites; documentation for student admission to courses; issuance of course completion certificates; student-to-instructor ratios; personnel and activities allowed on the range; and approval of course curricula, including new standards for instructor preparation courses. The proposed rules are necessary to implement changes recommended by Department staff and the Licensing and Renewal Workgroup, the Education and Examination Workgroup, and the Operations and Logistics Workgroup of the Motorcycle Safety Advisory Board to increase the effectiveness and efficiency of the program.

The proposed rules were presented to and discussed by the Motorcycle Safety Advisory Board at its meeting on April 29, 2021. The Advisory Board made the following changes to the proposed rules: Proposed new §98.104(d) was changed by adding “verbally or”; proposed new §98.104(d)(2) and proposed new §98.106(d) were changed by adding “, as determined by the instructor,”; and §98.108 was changed to remove subsection (d) and relabel the remaining subsections accordingly. The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §98.10, Definitions. The proposed rules amend the definition of “entry-level course” to clarify its applicability to a Class M endorsement on a driver’s license and to clarify that the term includes intermediate courses. The proposed rules add definitions for “instructor preparation course” and “TEEX” and renumber the remaining definitions accordingly.

The proposed rules amend §98.20, Instructor--License Required, by placing the current rule language into new subsection (a) and adding language to provide the requirements for an individual teaching an instructor preparation course. The proposed rules create new subsection (b) to clarify that an individual performing instructor activities as part of an instructor preparation course administered by TEEX is not in violation of the requirement to hold an instructor license.

The proposed rules amend §98.21, Instructor--License Eligibility, by placing the current rule language into new subsection (a); adding new subsection (a)(9) to require an applicant for an instructor license to undergo and successfully pass a criminal history background check; adding new subsection (a)(10) to require an applicant for an instructor license to not have been convicted within the preceding seven years of certain crimes involving driving while intoxicated; and adding new subsection (b) to provide alternative eligibility requirements for instructor license applicants who meet certain training and experience requirements.

The proposed rules amend §98.22, Instructor--Preparation Course, by updating cross-references; adding new subsection (b)(2) to clarify that an individual may not enroll in an instructor preparation course if the individual’s criminal history will make the individual ineligible for an instructor license; and adding new subsection (c) to inform individuals of their ability to request a criminal history evaluation letter from the department to determine if their criminal history will affect their eligibility for an instructor license.

The proposed rules amend §98.23, Instructor--License Term; Renewal, by updating cross-references in subsection (c) and adding new subsection (d) to protect current instructors from being disqualified for license renewal by the addition of the eligibility requirements in new §98.21(a)(10) concerning convictions for crimes involving driving while intoxicated.

The proposed rules amend §98.26, Motorcycle School--License Eligibility, by requiring each controlling person of an applicant for a motorcycle school license to undergo and successfully pass a criminal history background check.

The proposed rules amend §98.70, Instructor--Responsibilities, by updating cross-references in subsections (a)(3) and (a)(4); amending subsection (a)(14) to require instructors to wear protective gear whenever riding a motorcycle to, from, or during rider training activities; moving to subsection (a)(15) the requirement for instructors to ensure all students wear protective gear whenever riding a motorcycle on the range; and renumbering the remaining paragraph accordingly.

The proposed rules amend §98.100, Training Site Requirements, by placing the current rule language into new subsection (a); creating new subsection (a)(1)(F) to require each range to be surrounded by a paved run-off area of at least 20 feet; and adding new subsection (b) to clarify that a classroom is not required to be a physical building and that a virtual classroom conducted online is allowed.

The proposed rules amend §98.104, Student Admission Requirements. The proposed rules amend subsection (c) to require written consent of a parent or legal guardian for an individual younger than 18 years of age to participate as a student in a course. The proposed rules add new subsection (d) to require motorcycle schools to inform potential students of entry-level courses of the school’s policy regarding multiple attempts to pass the knowledge examination and the riding skills test and the requirement for a student to be removed from the course if the student’s riding performance creates an unmanageable danger. The proposed rules add new subsection (e) to require motorcycle schools to inform students of any course in writing of the Department’s contact information for reporting complaints.

The proposed rules amend §98.106, Verification of Course Completion, by adding new subsection (d) to require course completion certificates for entry-level courses to be issued only to students who have successfully completed all elements of the course; to clarify that a motorcycle school may allow multiple attempts at passing the knowledge examination and the riding skills test; and to require that a student must be removed from the course if the student’s riding performance creates an unmanageable danger.

The proposed rules amend §98.108, Course Requirements. The proposed rules amend subsection (c) to increase the maximum allowable student-to-instructor ratio for range instruction to eight students per instructor. The proposed rules repeal subsection (d) and relabel the remaining subsections accordingly. The proposed rules amend subsection (e) to become new subsection (d) and to allow two students to share a three-wheeled motorcycle. The proposed rules amend subsection (f) to become new subsection (e). The proposed rules add new subsection (f) to limit the persons allowed on the range during range instruction to instructors, students, interpreters or other assistants for persons with disabilities, and range assistants who meet certain age, employment, and training requirements. The proposed rules add new subsection (g) to specify the activities that range assistants are allowed to do.

The proposed rules amend §98.110, Approval of Course Curriculum, to clarify that notification of approval or denial of a course curriculum will be sent to the applicant.

The proposed rules amend §98.112, Curriculum Standards--Entry-Level Course, to clarify that the Department will determine if a curriculum meets the Model National Standards for Entry-Level Motorcycle Rider Training and to add the requirements that the curriculum must include a knowledge examination and a riding skills test, must be consistent with the program statutes and rules, and must be submitted along with an instructor preparation course that prepares individuals to teach the curriculum.

The proposed rules amend §98.114, Curriculum Standards--Non-Entry-Level Course, to add the requirement that the curriculum must be consistent with the program statutes and rules.

The proposed rules create new §98.116, Curriculum Standards--Instructor Preparation Course, to provide standards for Department approval of an instructor preparation course, including requirements that the curriculum must prepare an individual to competently teach an entry-level course and must be consistent with the program statutes and rules.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of the state or local governments.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be increased safety of all persons involved in motorcycle operator training; increased access to licensure for qualified out-of-state instructors; better informed decision-making by prospective students; and greater capacity for student enrollment in courses.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do create a new regulation. The proposed rules create new curriculum standards for instructor preparation courses.

6. The proposed rules do expand, limit, or repeal an existing regulation. The proposed rules expand regulations relating to instructor license eligibility by adding a requirement that the applicant must not have been convicted within the past seven years of certain driving while intoxicated offenses, and by providing alternative eligibility requirements for out-of-state applicants with certain training and experience qualifications. The proposed rules expand regulations for when an instructor must wear protective gear by adding a requirement for instructors to also wear protective gear when riding a motorcycle to and from training activities. The proposed rules expand regulations for training sites by adding a requirement for ranges to be surrounded by a paved run-off area. The proposed rules expand regulations relating to student admission by adding requirements for schools to inform students verbally or in writing of examination policies and department contact information. The proposed rules expand regulations relating to course completion certificates by requiring the certificates to be issued only to students who pass the required examinations. The proposed rules expand regulations relating to range activities by limiting who is allowed to be on the range and by specifying the activities allowed for range assistants. The proposed rules expand regulations relating to curriculum standards for entry-level courses by adding requirements that the curriculum include a knowledge examination and a riding skills test, and that the curriculum be submitted in conjunction with an instructor preparation course.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules’ applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules ; by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department’s statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51; Texas Transportation Code, Chapters 521 and 662; and Texas Code of Criminal Procedure, Article 45.0511. No other statutes, articles, or codes are affected by the proposed rules.

§98.10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Advisory board--The Motorcycle Safety Advisory Board.

(2) Change of ownership--A change in the control of a motorcycle school. The control of a school is considered to have changed:

(A) in the case of ownership by an individual, when more than 50% of the school has been sold or transferred;

(B) in the case of ownership by a partnership or corporation, when more than 50% of the school, or of the owning partnership or corporation, has been sold or transferred; or

(C) when the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the school.

(3) Commission--Texas Commission of Licensing and Regulation.

(4) Controlling person--An individual who:

(A) is a sole proprietor;

(B) is a general partner of a partnership;

(C) is a controlling person of a business entity that is a general partner of a partnership;

(D) possesses direct or indirect control of at least 25 percent of the voting securities of a corporation;

(E) is the president, the secretary, or a director of a corporation; or

(F) possesses the authority to set policy or direct the management of a business entity.

(5) Department--Texas Department of Licensing and Regulation.

(6) Entry-level course--A course of instruction in motorcycle operation designed to meet the training requirement to obtain a Class M driver’s license or endorsement issued under Texas Transportation Code, Chapter 521. The term includes a course designed for experienced motorcycle riders to meet the training requirement to obtain a Class M driver’s license or endorsement, sometimes referred to as an intermediate course.

(7) Incident-- Any instance where any part of a motorcycle, other than the tires or side stand, touches the ground or another object.

(8) Instructor--An individual licensed by the department to teach motorcycle operator training courses in Texas.

(9) Instructor preparation course--A course designed to prepare an individual to provide instruction in motorcycle operation.

(10) [ (9) ] Motorcycle school--An entity licensed by the department to provide motorcycle operator training courses in Texas.

(11) [ (10) ] Offer--To do any of the following:

(A) make a written or oral proposal to perform;

(B) contract in writing or orally to perform; or

(C) advertise or imply, in any form through any medium, that a person is available to perform or contract to perform.

(12) [ (11) ] Person--An individual or entity.

(13) [ (12) ] Range--The area of a training site where on-cycle training is conducted.

(14) TEEX--The Texas A&M Engineering Extension Service.

(15) [ (13) ] Training site--A physical location, consisting of a classroom and range, where motorcycle operator training is conducted.

§98.20. Instructor--License Required.

(a) An individual may not offer or provide instruction in motorcycle operation to the public for consideration or teach an instructor preparation course unless the individual:

(1) holds an instructor license issued by the department;

(2) provides the instruction in accordance with a curriculum approved by the department; and

(3) provides the instruction as an employee of, or under contract with, a motorcycle school or TEEX.

(b) An individual enrolled as a student in an instructor preparation course administered by TEEX does not violate this section by participating in activities conducted as part of the instructor preparation course.

§98.21. Instructor--License Eligibility.

(a) To be eligible for an instructor license, an applicant must:

(1) be at least 18 years old;

(2) submit a completed application on a form prescribed by the department;

(3) have successfully completed an instructor preparation course in accordance with §98.22;

(4) have held, continuously for the two years preceding the date of submitting the application, a valid driver's license that entitles the applicant to operate a motorcycle on a public road;

(5) not have been convicted during the preceding three years of:

(A) three or more moving violations described by Texas Transportation Code §542.304, including violations that resulted in an accident; or

(B) two or more moving violations described by Texas Transportation Code §542.304, that resulted in an accident;

(6) be a high school graduate or have obtained a general education development (GED) certificate, certificate of high school equivalency, or other credentials equivalent to a public high school degree;

(7) possess current first aid and adult cardiopulmonary resuscitation (CPR) certification from a nationally recognized provider with training courses that require in-person attendance, provide hands-on skills practice, and meet or exceed the standards of the American Red Cross, the American Heart Association, or the National Highway Traffic Safety Administration; [ and ]

(8) submit the fee required by §98.80;

(9) undergo and successfully pass a criminal history background check; and

(10) not have been convicted during the preceding seven years of:

(A) Texas Penal Code §49.04, Driving While Intoxicated;

(B) Texas Penal Code §49.045, Driving While Intoxicated with Child Passenger;

(C) Texas Penal Code §49.07, Intoxication Assault; or

(D) Texas Penal Code §49.08, Intoxication Manslaughter .

(b) Out-of-state applicants. The eligibility requirements in subsection (a)(3) and Texas Transportation Code §662.0062(a)(1) can alternatively be met by an applicant who has held, continuously for the previous year, authorization to provide instruction for a department-approved entry-level course, or its equivalent as determined by the department, by submitting to the department any information about the course requested by the department and:

(1) if the applicant is from a state or other jurisdiction that offers a motorcycle instructor license:

(A) an active motorcycle instructor license issued to the applicant by the state or other jurisdiction; and

(B) a document on official letterhead issued by the state or other jurisdiction stating that:

(i) the motorcycle instructor license has been active and in good standing continuously for the previous year; and

(ii) the applicant has taught both the classroom and range portions of the course at least six times; or

(2) if the applicant is from a state or other jurisdiction that does not offer a motorcycle instructor license:

(A) a certificate of completion of the instructor training required to teach the course issued by the administrator of the course; and

(B) a document on official letterhead issued by the administrator of the course stating that:

(i) the applicant’s authorization to teach the course has been active and in good standing continuously for the previous year; and

(ii) the applicant has taught both the classroom and range portions of the course at least six times.

§98.22. Instructor--Preparation Course.

(a) The instructor preparation course required by §98.21(a)(3)[ §98.21(3) ] must be a training program on motorcycle operator training and safety instruction approved by the executive director of the department and administered by TEEX [ the Texas A&M Engineering Extension Service ].

(b) To be eligible to enroll in an instructor preparation course under this section, an individual must:

(1) meet the requirements of §98.21(a)(4)[ §98.21(4) ], (5), [ and ] (6), and (10); and

(2) not have a criminal history that will make the individual ineligible for an instructor license under §98.21(a)(9) .

(c) To determine whether an individual meets the requirement of subsection (b)(2), an individual may request a criminal history evaluation letter from the department, as provided by 16 T.A.C. §60.42, Criminal History Evaluation Letters.

§98.23. Instructor--License Term; Renewal.

(a) An instructor license is valid for two years after the date of issuance.

(b) Each licensee is responsible for renewing the license before the expiration date. Lack of receipt of a license renewal notice from the department will not excuse failure to file for renewal or late renewal.

(c) To renew a license, an instructor must:

(1) submit a completed renewal application on a department-approved form;

(2) meet the requirements of §98.21(a)(4)[ §98.21(4) ], (5), [ and ] (7), (9), and (10); and

(3) submit the fee required under §98.80.

(d) Section 98.21(a)(10) does not apply to a conviction that occurred prior to September 1, 2021, of a renewal applicant who has continuously held an instructor license since September 1, 2021.

§98.26. Motorcycle School--License Eligibility.

To be eligible for a motorcycle school license, an applicant must:

(1) submit a completed application on a form prescribed by the department;

(2) provide a list of all controlling persons of the applicant , each of whom must undergo and successfully pass a criminal history background check ;

(3) obtain an insurance policy that meets the requirements of §98.40;

(4) provide a list of all real property that will be used to meet the training site requirements of §98.100 and proof that the applicant owns, or possesses written authorization by the owner to use, each property;

(5) provide a list of motorcycles, if any, that will be available for use by students, including for each motorcycle the year, make, model, and Vehicle Identification Number (VIN);

(6) provide a list of the department-approved courses the applicant intends to offer and proof of ownership of, or authority to offer, each course;

(7) provide a list of instructors employed by, or contracted with, the applicant; and

(8) submit the fee required by §98.80.

§98.70. Instructor--Responsibilities.

(a) An instructor must:

(1) notify the department of any change in the instructor’s address, phone number, or email address within 15 days from the date of the change;

(2) maintain a valid driver's license that entitles the license holder to operate a motorcycle on a public road;

(3) maintain a driving record that meets the requirements of §98.21(a)(5)[ §98.21(5) ];

(4) maintain first aid and CPR certification that meets the requirements of §98.21(a)(7)[ §98.21(7) ];

(5) act immediately to appropriately address the medical needs of any person injured at the training site and summon emergency medical services if necessary;

(6) report each incident to the motorcycle school in a timely manner;

(7) cooperate with all department audits and investigations and provide all requested documents;

(8) before each course, inspect each motorcycle to be used on the range to ensure the motorcycle meets the requirements of §98.102;

(9) ensure that each motorcycle provided by a student meets the insurance requirements of §98.40 before the motorcycle is used on the range;

(10) provide instruction only in compliance with a curriculum approved by the department;

(11) be capable of instructing the entire course and providing technically correct riding demonstrations;

(12) comply with the student-to-instructor ratio requirements in §98.108;

(13) supervise all students and personnel on the range;

(14) wear[ , and ensure all students wear, ] the protective gear required by §98.108(f) whenever riding a motorcycle to, from, or during rider training activities[ participating in the on-cycle portion of any course ]; [ and ]

(15) ensure all students wear the protective gear required by §98.108(f) whenever riding a motorcycle on the range; and

(16) [ (15) ] deal honestly with members of the public and the department.

(b) An instructor must not:

(1) instruct a student if either the instructor or student exhibits signs of impairment from the use of an alcoholic beverage, controlled substance, drug, or dangerous drug, as defined in Texas Penal Code §1.07; or

(2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course.

§98.100. Training Site Requirements.

(a) A motorcycle school must have a training site that includes:

(1) a range that is:

(A) a paved surface, including asphalt, concrete, or another all-weather surface of suitable traction;

(B) large enough to safely accommodate all courses conducted by the motorcycle school;

(C) reasonably free of incline;

(D) secure from vehicular and pedestrian traffic; [ and ]

(E) free of surface hazards and obstacles; and

(F) surrounded by a paved run-off area, free of surface hazards and obstacles, of at least 20 feet from the perimeter of the range;

(2) an appropriate first aid kit and at least one five-pound Class ABC fire extinguisher, or its equivalent, for the range;

(3) a classroom that:

(A) is not located in a private residence;

(B) is large enough to adequately seat all students and instructors;

(C) has an adequate seat and writing surface for each student; and

(D) has adequate audiovisual presentation equipment.

(b) Subsection (a)(3) does not require a classroom to be a physical building and does not prohibit a virtual classroom conducted online.

§98.104. Student Admission Requirements.

(a) Entry-level courses are open to any individual who is at least 15 years old on the day the course begins and:

(1) has an unrestricted Class C, or higher, driver license;

(2) has a Class C learner license; or

(3) can present the proper driver education form verifying successful completion of the classroom portion phase of driver education.

(b) Non-entry-level courses are open to any individual who holds a Class M driver’s license or an equivalent out-of-state license.

(c) To be eligible for student admission to any course, an individual younger than 18 years of age must provide the motorcycle school with written consent, signed by the individual’s[ a ] parent or legal guardian[ other person listed in Texas Family Code §32.001(a) ], for the individual to participate as a student in the course and to receive medical treatment for any injury that may occur at the motorcycle school. The signature of the parent or legal guardian on the written consent must be notarized or provided in person at the training site.

(d) Prior to admitting an individual to an entry-level course, a motorcycle school must inform the individual verbally or in writing of:

(1) the school’s policy regarding how many attempts the school allows students to make to pass the knowledge examination and the riding skills test required for the course; and

(2) the requirement that a student whose riding performance creates an unmanageable danger on the range, as determined by the instructor, must be removed from the course and is not entitled to additional attempts to pass the riding skills test.

(e) Prior to admitting an individual to any course, a motorcycle school must inform the individual in writing of the department’s name, mailing address, telephone number, and website address for the purpose of directing complaints to the department.

§98.106. Verification of Course Completion.

(a) A motorcycle school must issue a department-approved course completion certificate to a student who has successfully completed an entry-level course. The certificate must be signed by an instructor who taught the course or an appointed representative of the school.

(b) A motorcycle school must issue a department-approved course completion certificate that is restricted to the operation of a three-wheeled motorcycle if the entry-level course successfully completed by a student is specific to the operation of a three-wheeled motorcycle.

(c) A motorcycle school may issue a duplicate course completion certificate to a student for a lost certificate for up to three calendar years from the date the course was completed. The duplicate certificate must bear the same certificate number and course completion date as the original certificate.

(d) A course completion certificate for an entry-level course may only be issued to a student who has successfully completed the knowledge examination and the riding skills test required by the approved curriculum for the course. A motorcycle school may allow a student to make multiple attempts to pass the knowledge examination or the riding skills test, but any student whose riding performance creates an unmanageable danger on the range, as determined by the instructor, must be removed from the course and is not entitled to additional attempts to pass the riding skills test.

§98.108. Course Requirements.

(a) All courses must be conducted in accordance with a department-approved curriculum.

(b) The student-to-instructor ratio for classroom instruction of a course may not exceed 36 students per instructor.

(c) The student-to-instructor ratio for range[ on-cycle ] instruction may not exceed eight[ six ] students per instructor , or a more restrictive ratio imposed by the approved curriculum.[ until the instructor has taught seven courses. Once the instructor has taught seven courses, the instructor may teach up to eight students alone. ]

[ (d) There must not be more than 12 students on a range during any phase of range instruction. ]

(d) [ (e) ] For two-wheeled motorcycle courses, a[ A ] separate motorcycle must be available for each student[ during range instruction ]. For three-wheeled motorcycle courses, no more than two students may share a motorcycle.

(e) [ (f) ] All students and instructors must wear protective gear when participating in the on-cycle portion of the course. The minimum protective gear includes:

(1) a motorcycle helmet that meets the standards of the U.S. Department of Transportation;

(2) eye protection;

(3) over-the-ankle, sturdy footwear;

(4) a long-sleeved shirt or jacket;

(5) non-flare pants that cover the entire leg and are made from a material that is at least as sturdy as denim; and

(6) full-fingered gloves.

(f) No person shall be on the range during any phase of range instruction except:

(1) instructors who are providing instruction, assistance, or evaluation;

(2) students who are enrolled in the course being conducted;

(3) interpreters or other assistants providing services to accommodate a disability or other condition required by law to be accommodated; or

(4) range assistants who are:

(A) enrolled in an instructor preparation course described in §98.22; or

(B) all of the following:

(i) at least 16 years old;

(ii) employed by or contracted with the motorcycle school; and

(iii) trained by the motorcycle school to provide non-instructional support.

(g) A range assistant may not provide any form of instruction or evaluation of students, but may provide non-instructional support, limited to:

(1) moving motorcycles;

(2) setting up, removing, or operating classroom equipment and materials;

(3) setting or removing cones or other objects for range exercises;

(4) performing on-site motorcycle maintenance; and

(5) conducting demonstrations of riding exercises under the supervision of an instructor, if allowed by the approved curriculum.

§98.110. Approval of Course Curriculum.

(a) To obtain department approval of a course curriculum, a person must submit to the department:

(1) a completed application on a form prescribed by the department; and

(2) the curriculum for the course and, if requested by the department, course materials to be used by students and instructors in the classroom and on the range.

(b) If the curriculum meets the minimum standards established by this chapter, the department will approve the course. Notification of approval or denial will be sent to the applicant[ motorcycle school ].

§98.112. Curriculum Standards--Entry-Level Course.

The [ minimum ] curriculum [ standards ] for an entry-level course must: [ are ]

(1) be determined by the department to meet the Model National Standards for Entry-Level Motorcycle Rider Training (August 2011) distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, which the department adopts by reference;

(2) include a knowledge examination that is designed to ensure students comprehend important concepts covered in the curriculum;

(3) include a riding skills test that is designed to ensure students can perform the riding skills covered in the curriculum;

(4) be consistent with this chapter and Texas Transportation Code, Chapter 662; and

(5) be submitted in conjunction with an instructor preparation course that meets the requirements of §98.116 .

§98.114. Curriculum Standards--Non-Entry-Level Course.

The [ minimum ] curriculum [ standards ] for a course of instruction in motorcycle operation that is not an entry-level course must: [ are ]

(1) [ the course must ] provide a benefit to public safety; [ and ]

(2) [ the course must ] be designed to provide training in a safe and prudent manner; and

(3) be consistent with this chapter and Texas Transportation Code, Chapter 662 .

§98.116. Curriculum Standards--Instructor Preparation Course.

The curriculum for an instructor preparation course must:

(1) prepare an individual to competently teach all components of an entry-level course approved by the department; and

(2) be consistent with this chapter and Texas Transportation Code, Chapter 662.

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt.

Filed with the Office of the Secretary of State, on May 14, 2021.


Brad Bowman
General Counsel
Texas Department of Licensing and Regulation