The Texas Transportation Code is a comprehensive set of laws governing roads, vehicles, and traffic in Texas. Within this code, Chapter 551, specifically titled “Operation of Bicycles and Mopeds, Golf Carts, and Other Low-Powered Vehicles,” outlines the rules and regulations for operating these specific types of vehicles. This article will delve into the details of Texas Transportation Code 551, providing a clear and comprehensive understanding of its various subchapters and sections.
Subchapter A: Applicability of Chapter 551
This initial subchapter sets the stage by defining the scope of Chapter 551. It’s crucial to understand that unless stated otherwise, the provisions in this chapter concerning bicycles apply only when a bicycle is operated on:
- A highway; or
- A path specifically designated for the exclusive use of bicycles.
This is outlined in Sec. 551.001. APPLICABILITY., which clarifies that the rules for bicycles in this chapter are not universally applicable to all bicycle operation, but rather targeted towards specific locations – highways and dedicated bike paths.
Further expanding on the scope, Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. clarifies that any rule within this subtitle that applies to a bicycle also applies to:
- A moped, except for rules that inherently cannot apply to a moped.
- An electric bicycle, again, with the same exception for rules that are not applicable by nature to electric bicycles.
Essentially, Subchapter A establishes that Chapter 551 primarily focuses on regulating bicycles, mopeds, and electric bicycles on highways and dedicated bicycle paths within Texas.
Subchapter B: Bicycles – Rights, Duties, and Operation
Subchapter B dives into the specifics of bicycle operation under the Texas Transportation Code. It covers the rights and duties of cyclists, general operational rules, roadway operation, safety equipment, and regulations for competitive racing and electric bicycles.
Rights and Duties of Bicycle Operators (Sec. 551.101)
Sec. 551.101. RIGHTS AND DUTIES. is fundamental as it establishes that a person operating a bicycle generally has the same rights and duties as a driver of a vehicle under the Texas Transportation Code. This principle holds true unless:
- A specific provision in Chapter 551 alters a right or duty.
- A right or duty applicable to a vehicle driver cannot, by its very nature, apply to someone on a bicycle.
This section essentially integrates bicycles into the general traffic rules of Texas, granting cyclists the same road rights while also obligating them to follow traffic laws where applicable. Furthermore, Subsection (b) places responsibility on parents and guardians, stating that they may not knowingly allow a child or ward to violate this subtitle.
General Operation Rules for Bicycles (Sec. 551.102)
Sec. 551.102. GENERAL OPERATION. outlines several practical rules for bicycle operation:
- (a) Seating: Cyclists must ride only on a permanent seat attached to the bicycle.
- (b) Passenger Limit: Carrying more people than the bicycle is designed for is prohibited.
- (c) Obstruction: Carrying objects that prevent operating the bicycle with at least one hand on the handlebars is not allowed.
- (d) Hitching Rides: Attaching oneself or the bicycle to a streetcar or vehicle on a roadway is forbidden. This applies to bicycles, coasters, sleds, toy vehicles, and roller skates.
These rules are designed to ensure safe and controlled operation of bicycles, preventing dangerous practices that could lead to accidents.
Operating Bicycles on Roadways (Sec. 551.103)
Sec. 551.103. OPERATION ON ROADWAY. addresses how bicycles should be positioned and operated on roadways, particularly in relation to other traffic.
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(a) Riding to the Right: Generally, cyclists moving slower than traffic must ride as close as practicable to the right curb or edge of the roadway. However, there are exceptions:
- Passing another vehicle going in the same direction.
- Preparing to turn left at an intersection or onto a private road/driveway.
- Roadway conditions (objects, parked vehicles, pedestrians, hazards) preventing safe right-side riding.
- Operating in an outside lane that is:
- Less than 14 feet wide without a designated bicycle lane.
- Too narrow for a bicycle and motor vehicle to safely share side-by-side.
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(b) One-Way Roadways: On one-way roadways with two or more lanes, cyclists may ride as near as practicable to the left curb or edge.
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(c) Riding Two Abreast: Cyclists are allowed to ride two abreast. When doing so on a laned roadway, they must ride in a single lane and must not impede the normal flow of traffic. Riding more than two abreast is only permitted on parts of roadways exclusively for bicycles.
This section aims to balance the safety of cyclists with the smooth flow of traffic, providing guidelines for cyclists to position themselves on the road appropriately in different traffic scenarios.
Required Safety Equipment for Bicycles (Sec. 551.104)
Sec. 551.104. SAFETY EQUIPMENT. mandates essential safety features for bicycles:
- (a) Brakes: Every bicycle must be equipped with a brake capable of skidding a braked wheel on dry, level, clean pavement.
- (b) Nighttime Equipment: Operating a bicycle at nighttime requires:
- Front Lamp: A white light visible from at least 500 feet ahead.
- Rear Reflector or Lamp: Either:
- A red reflector of a type approved by the department, visible from 50 to 300 feet to the rear when using lawful upper beams of motor vehicle headlights.
- A red lamp visible from 500 feet to the rear.
These requirements ensure bicycles are equipped for basic safety and visibility, especially during nighttime or low-light conditions.
Competitive Bicycle Racing Regulations (Sec. 551.105)
Sec. 551.105. COMPETITIVE RACING. addresses the legalities of bicycle races on public roads.
- (b) Approval Required: Organizing a competitive bicycle race on a public road requires approval from local law enforcement agencies.
- (c) Safety Regulations: Local law enforcement and the sponsoring organization can agree on safety regulations for races and training, including allowing cyclists to ride abreast.
This section provides a framework for organized bicycle racing events, ensuring they are conducted safely and with proper authorization.
Regulation of Bicycles by Authorities (Sec. 551.106)
Sec. 551.106. REGULATION OF BICYCLES BY DEPARTMENT OR LOCAL AUTHORITY. outlines the powers of the Texas Department of Transportation and local authorities in regulating bicycles.
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(a) Electric Bicycle Operation: Authorities cannot prohibit electric bicycles on highways used by motor vehicles or in areas where regular bicycles are allowed, unless it’s a path:
- Not open to motor vehicles.
- With a natural surface tread (unpaved).
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(b) Sidewalks and Speed Limits: Authorities can:
- Prohibit bicycles on sidewalks.
- Set speed limits for bicycles on dedicated bike paths and other paths where bicycles are allowed.
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(c) Rulemaking: The department can establish rules to administer this section.
This section clarifies the extent to which state and local authorities can regulate bicycle operation, particularly concerning electric bicycles and sidewalk usage.
Operation of Electric Bicycles (Sec. 551.107)
Sec. 551.107. OPERATION OF ELECTRIC BICYCLE. provides specific rules for electric bicycle operation.
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(a) Limited Subtitle Application: Subtitles A, B, and D, and Chapter 551A do not apply to electric bicycles.
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(b) Motor Disengagement: Electric motors must disengage or stop functioning when:
- The operator stops pedaling.
- The brakes are applied.
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(c) Class 3 Electric Bicycle Age Limit: Operators of Class 3 electric bicycles (defined in Section 664.001) must be at least 15 years old. However, individuals under 15 can be passengers on Class 3 bicycles.
This section carves out specific operational rules for electric bicycles, acknowledging their unique characteristics and usage.
Subchapter C: Electric Personal Assistive Mobility Devices (EPAMDs)
Subchapter C focuses on Electric Personal Assistive Mobility Devices (EPAMDs), like Segways.
Definition of EPAMD (Sec. 551.201)
Sec. 551.201. DEFINITION. defines an “electric personal assistive mobility device” as a two non-tandem wheeled device designed for one person that is:
- Self-balancing.
- Powered by an electric system with an average power of 750 watts or one horsepower.
This provides a clear definition to differentiate EPAMDs from other types of vehicles.
Operation of EPAMDs on Roadways (Sec. 551.202)
Sec. 551.202. OPERATION ON ROADWAY. outlines where EPAMDs can be operated on roadways. They are allowed on residential streets, roadways, or public highways with speed limits of 30 mph or less only:
- When directly crossing a highway in a marked or unmarked crosswalk.
- Where no sidewalk is available.
- When directed by a traffic control device or law enforcement officer.
- (b) Bicycle Paths: EPAMDs can be operated on paths set aside for exclusive bicycle operation.
- (c) Right-Hand Edge: Operators on residential streets, roadways, or public highways must ride as close as practicable to the right-hand edge.
- (d) Bicycle Rules Apply: Unless specified otherwise in this section, rules applicable to bicycles also apply to EPAMDs.
This section restricts EPAMD roadway operation to lower-speed roads and specific circumstances, prioritizing safety and shared usage with bicycles on designated paths.
EPAMD Operation on Sidewalks (Sec. 551.203)
Sec. 551.203. SIDEWALKS. simply states: “A person may operate an electric personal assistive mobility device on a sidewalk.” This grants EPAMDs sidewalk access, offering an alternative to roadways in certain situations.
Subchapter D: Neighborhood Electric Vehicles (NEVs)
Subchapter D addresses Neighborhood Electric Vehicles (NEVs), often used in planned communities and for short-distance transport.
Definition of NEV (Sec. 551.301)
Sec. 551.301. DEFINITION. defines a “neighborhood electric vehicle” as a vehicle capable of a maximum speed of 35 mph on a paved level surface and complies with Federal Motor Vehicle Safety Standard 500.
This definition sets the performance and safety standards for NEVs.
NEV Registration (Sec. 551.302)
Sec. 551.302. REGISTRATION. grants the Texas Department of Motor Vehicles the authority to adopt rules for the registration and license plates for NEVs. This section establishes the possibility of NEV registration in Texas.
Operation of NEVs on Roadways (Sec. 551.303)
Sec. 551.303. OPERATION ON ROADWAYS. limits NEV operation to streets and highways with posted speed limits of 45 mph or less. NEVs can cross roads with higher speed limits at intersections. They cannot be operated at speeds exceeding the posted limit or 35 mph, whichever is less.
- (b) Local Prohibitions: Counties and municipalities can prohibit NEV operation on streets or highways if deemed necessary for safety.
- (c) State Prohibitions: The Texas Department of Transportation can also prohibit NEV operation on highways for safety reasons.
This section restricts NEV operation to lower-speed roads and allows for local and state level prohibitions based on safety concerns.
Limited NEV Operation (Sec. 551.304)
Sec. 551.304. LIMITED OPERATION. outlines specific scenarios where NEVs can be operated:
- Master Planned Communities: In communities with uniform restrictive covenants and approved plats.
- Public or Private Beaches: Beaches open to vehicular traffic.
- Short Trips to Golf Courses: On highways with speed limits not over 35 mph, during daytime, and within two miles of usual parking location, for golf course transportation.
- (b) No Registration Required: NEVs operated in compliance with this section are not required to be registered.
This section provides exceptions for NEV operation in specific environments and for limited purposes, exempting them from registration in these cases.
Subchapter E: Motor-Assisted Scooters
Subchapter E addresses Motor-Assisted Scooters.
Definitions Related to Motor-Assisted Scooters (Sec. 551.351)
Sec. 551.351. DEFINITIONS. clarifies the terminology.
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(1) “Motor-assisted scooter” is defined as a self-propelled device with:
- At least two wheels on the ground.
- A braking system.
- A gas or electric motor not exceeding 40 cubic centimeters.
- A deck for standing or sitting.
- Capability of human-powered propulsion.
- Excludes pocket bikes or minimotorbikes.
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(2) “Pocket bike or minimotorbike” is defined by specific engine size, design, and ineligibility for a certificate of title, and explicitly excludes mopeds, motorcycles, electric bicycles, motorized mobility devices, EPAMDs, and NEVs.
These definitions clearly distinguish motor-assisted scooters from other similar vehicles.
Operation of Motor-Assisted Scooters (Sec. 551.352)
Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. outlines where motor-assisted scooters can be used.
- (a) Roadway Limits: Operation is limited to streets and highways with posted speed limits of 35 mph or less. They can cross higher speed limit roads at intersections.
- (b) Local Prohibitions: Counties and municipalities can prohibit motor-assisted scooter operation on streets, highways, or sidewalks for safety reasons.
- (c) State Prohibitions: The Texas Department of Transportation can also prohibit operation on highways for safety reasons.
- (d) Bicycle Paths and Sidewalks Allowed: Motor-assisted scooters can be operated on bicycle paths and sidewalks. Bicycle rules generally apply to scooter operation unless otherwise specified.
- (e) Motor Vehicle Rules Excluded: Rules for motor vehicles do not apply to motor-assisted scooters.
This section places restrictions on roadway use for motor-assisted scooters while allowing sidewalk and bicycle path operation, subject to safety-based prohibitions.
Pocket Bike and Minimotorbike Restrictions (Sec. 551.353)
Sec. 551.353. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINIMOTORBIKE. explicitly prohibits the operation of pocket bikes or minimotorbikes on:
- Highways, roads, or streets.
- Dedicated bicycle paths.
- Sidewalks.
This section firmly restricts pocket bikes and minimotorbikes from public roadways, bicycle paths, and sidewalks.
Subchapter F: Golf Carts
Subchapter F focuses on Golf Carts.
Definition of Golf Cart (Sec. 551.401)
Sec. 551.401. DEFINITION. defines a “golf cart” as a motor vehicle designed by the manufacturer primarily for golf course use. This definition clarifies the intended purpose of golf carts.
Golf Cart Registration and License Plates (Sec. 551.402)
Sec. 551.402. REGISTRATION NOT AUTHORIZED; LICENSE PLATES. clarifies that the Texas DMV cannot register golf carts for highway operation, regardless of modifications.
- (b) License Plate Requirement: Operating a golf cart on a highway as authorized by this subchapter requires displaying a license plate issued under this section.
- (c) License Plate Procedure and Fee: The Texas DMV will establish a procedure to issue golf cart license plates and may charge a fee (not exceeding $10).
- (d) License Plate Validity: Golf cart license plates do not expire but are not transferable to new owners.
This section establishes a specific licensing system for golf carts intended for limited highway use, distinct from regular vehicle registration.
Authorized Areas for Golf Cart Operation (Sec. 551.403)
Sec. 551.403. OPERATION AUTHORIZED IN CERTAIN AREAS. outlines where golf carts can be legally operated:
- Master Planned Communities: In residential subdivisions or communities with uniform restrictive covenants and approved plats.
- Public or Private Beaches: Beaches open to vehicular traffic.
- Short Trips to Golf Courses: On highways with speed limits of 35 mph or less, during daytime, within five miles of usual parking, for golf course transportation.
- (b) License Plate Exception in Master Planned Communities: Golf carts in master-planned communities can operate on 35 mph or less highways (including intersections with higher speed limit highways) without a golf cart license plate.
This section provides specific locations and conditions where golf cart highway operation is permitted, with a license plate exception for master-planned communities.
Local and State Prohibition of Golf Cart Operation (Sec. 551.4031)
Sec. 551.4031. PROHIBITION OF OPERATION ON HIGHWAY BY MUNICIPALITY, COUNTY, OR DEPARTMENT. grants authority to counties, municipalities, and the Texas Department of Transportation to prohibit golf cart operation on highways under Sec. 551.403 if deemed necessary for safety.
This section allows for localized prohibitions of golf cart operation based on safety concerns.
Municipal and County Authorization for Golf Cart Operation (Sec. 551.404)
Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY MUNICIPALITY OR CERTAIN COUNTIES. expands authorized operation areas.
- (a) Municipal Authority: Municipalities can allow golf cart operation on highways within their boundaries with speed limits of 35 mph or less.
- (b) County Authority (Specific Counties): Certain counties (bordering Red River or Gulf of Mexico with population under 500,000) can allow operation on highways in unincorporated areas with speed limits of 35 mph or less.
This section provides further avenues for municipalities and specific counties to authorize golf cart highway operation.
Required Equipment for Golf Carts in Certain Areas (Sec. 551.4041)
Sec. 551.4041. EQUIPMENT. mandates specific equipment for golf carts operated under Sec. 551.404:
- Headlamps
- Taillamps
- Reflectors
- Parking brake
- Mirrors
This section ensures that golf carts operating in these expanded authorized areas are equipped with basic safety features.
Golf Cart Intersection Crossings (Sec. 551.405)
Sec. 551.405. CROSSING INTERSECTIONS. allows golf carts to cross highways at intersections, even those with speed limits exceeding 35 mph. This provides necessary intersection access for golf carts operating in authorized areas.
Subchapter G: Package Delivery Vehicles
Subchapter G addresses Package Delivery Vehicles, specifically those using low-powered vehicles for deliveries.
Definitions for Package Delivery Vehicles (Sec. 551.451)
Sec. 551.451. DEFINITIONS. defines terms relevant to package delivery vehicles, including “golf cart,” “motor carrier,” “neighborhood electric vehicle,” and “off-highway vehicle,” referencing their definitions in other sections of the Transportation Code.
License Plates for Package Delivery Vehicles (Sec. 551.452)
Sec. 551.452. LICENSE PLATES FOR PACKAGE DELIVERY VEHICLES. allows the Texas DMV to issue special “Package Delivery” license plates for vehicles used by motor carriers for package delivery if they are:
- Golf carts, NEVs, or off-highway vehicles.
- Equipped with headlamps, taillamps, reflectors, parking brake, and mirrors.
- (b) Rulemaking: The DMV will establish procedures for issuing these license plates, specifically for operation under this subchapter.
- (c) “Package Delivery” Designation: The license plates must include the words “Package Delivery.”
- (d) Fee: The DMV can charge an annual fee (not exceeding $25) for these license plates.
This section establishes a specialized license plate and regulatory framework for low-powered vehicles used in package delivery services.
Limited Operation of Package Delivery Vehicles (Sec. 551.453)
Sec. 551.453. LIMITED OPERATION. restricts vehicles with “Package Delivery” license plates to:
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Public highways that are not interstates or limited/controlled-access highways.
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Highways with speed limits of 35 mph or less.
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(b) Registration Exception: The DMV may not require registration of these vehicles unless required by other laws.
This section limits the operational areas for these package delivery vehicles to lower-speed, non-limited-access public highways.
Operation on Subdivision or Condominium Property (Sec. 551.454)
Sec. 551.454. OPERATION ON PROPERTY OF SUBDIVISION OR CONDOMINIUM. allows property owners’ associations to adopt safety and use rules for package delivery vehicles on subdivision or condominium property. Motor carriers must comply with these rules when operating within these properties.
This section grants local control to property owners’ associations in regulating package delivery vehicle operation within their communities.
Municipal and County Authorization for Package Delivery Vehicles (Sec. 551.455)
Sec. 551.455. OPERATION IN MUNICIPALITIES AND COUNTIES. allows municipalities and counties to authorize package delivery vehicle operation on highways within their jurisdiction that have speed limits of 35 mph or less, further expanding operational areas beyond Sec. 551.453.
Crossing Roadways for Package Delivery (Sec. 551.456)
Sec. 551.456. CROSSING CERTAIN ROADWAYS. permits package delivery vehicles to cross intersections, including roads with speed limits exceeding 35 mph, for delivery purposes.
Conflict Resolution (Sec. 551.457)
Sec. 551.457. CONFLICTS. states that in case of conflict between Subchapter G and other laws (including Chapters 502 and 551A), Subchapter G takes precedence. This establishes the controlling nature of Subchapter G regarding package delivery vehicle regulations.
Conclusion
Texas Transportation Code 551 provides a detailed legal framework for the operation of bicycles, mopeds, electric bicycles, EPAMDs, NEVs, motor-assisted scooters, and golf carts in Texas. It balances the rights and responsibilities of operators of these vehicles with public safety and traffic flow. Understanding this chapter is crucial for anyone operating or regulating these types of low-powered vehicles within the state of Texas. By outlining specific rules for different vehicle types and operating environments, Chapter 551 aims to ensure the safe and legal integration of these vehicles into the broader transportation landscape of Texas.