about Helmet Exemption Stickers in Texas...
6-2-03
Several GYPSIES at mandatory
received tickets for no helmets.
Had all req. insurance and stuff
but were stopped anyway for
no helmets. Sputnik rode with
them to make the court date on
June 24,2003 in Seguin, TX.
EZ-DUZ-IT welcomed all to ride
along and attend the
EDUCATIONAL SEMINAR!!!
~EZ-DUZ-IT
This pic was taken on a poker run
in GonzalesCounty. Around 14 bikes in route were pulled over for not wearing helmets.
Two tickets were issued to Doug (Wound-Tight) Cox and Frank (Ez-duz-it) Otero.
The rest of us were advised by the officer to leave or we would be next. We even had members showing papers on riders safety course, and they were informed, "that doesn't mean anything" by the pictured Gonzales County Sheriff. The court date is Tuesday, June 24th. We have a few members attending in support as well as Sputnik. Anyone interested in attending may get more information by contacting Gypsy M/C's Big D Chapter at (214) 823-6299. Thanks! C-Thru
Here's how the law reads for Motorcycle Helmet Exemption >> click here
DPS page on helmet law & exemption stickers >> click here
6-26-03... About the Court Date :
about court... Total of 4 people showed up, ( 3 Gypsies and Sputnik)
They threw it all out but who really won? We all spent money and time to show up, just to hear them say we were right!!!!! I learned cops can still give tickets for no helmets. They can stop you for anything they feel is unsafe, including no DOT helmet. You must prove that you have 10,000 dollars medical insurance or have had the safety course. You also must have MC on your drivers lic. and liability insurance. And do not forget your plates and sticker. I had everything legal but still got a ticket. There is a form with 5 Dollars you can get a sticker for your license plate. I really just feel bad that nobody cares enough to fight.
Sputnik said this happens all the time, we BIKERS really do need to support him and
TMRA 2. -EZ DUZ IT
-------------------------
What does this sticker look like?
I got one when I completed the advanced course at Ft. Hood.
Does that count? Let me know. Ride Safe...
LRB-VFFV
MADDAWG
TX, VNVMC
-------------------------
I have a sticker that's says "Gas, Ass or Grass nobody rides for free"
if that counts? -Marco :-)
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From: WOODY
The sticker is small and goes on your tag. Also I know it is not required but it gives the local jack booted thugs an excuse to stop you. This is the form for the helmet exemption sticker that the State of Texas wants us to have our license tags. People are getting stopped left & right for not having it on. I think it sucks but sometimes you gotta do what you gotta do. I am sending the application in with my 5 bucks. -Woody
Helmet Exemption Sticker Application...
-------------------------
**if you want the no hassle way out of helmet sticker stops & yer afraid to stand up for yer RIGHTS... go to the link above & get yerself a sticker.. but - when your stopped anyways so your requirements to fly this sticker can be 'VERIFIED'....... don't whine about the $5.
yer out ... or the illegal search which no doubt will still happen. ~Suds
-------------------------
From: GypsyPrchr@cs.com
THE STICKERS ARE NOT REQUIRED THEY ARE OPTIONAL!
THE PREACHER
-------------------------
From: Disease (CMC)
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
-------------------------
The sticker in question is 1 inch tall x 3 inches long, green with white letters. Place on bottom of lic plate in middle. Any body with a mc registered in their name who has hospital ins. or has completed the safety course and 5 dollars can get one. No matter if you have mc lic or not. Cops can still stop you and see proof !!!!! So be prepared. Law states 50 dollars fine but some counties put as much as 200 dollars court costs with it. Just remember the helmet law is alive and well in TEXAS... Also state law say you will ride with your lights on also. They don't remember that one much but it s the law. Been had and know, play the game and win, but you need to know the rules!!!!
EZ DUZ IT
BIG D GYPSY
-------------------------
From: GypsyPrchr@cs.com
I TRIED TO GET A PHOTO & THIS IS WHAT I GOT!!!
THE PREACHER
re: photo of sticker
Date: 7/25/2003
From: Mari.Kieke@txdps.state.tx.us
To: GypsyPrchr@cs.com
I'm sorry, but we don't mail photos of the sticker, except to law
enforcement personnel. The sticker for this year is orange. It has the State of Texas seal on one side and the DPS seal on the other side. The stickers have two digits for the year issued (good for three years), followed by an eight digit serial number. The size of the sticker is approximately 1/2 of an inch high and 2 and a half inches wide and is to be placed on the plate or plate frame of the motorcycle to which it was issued to be valid. Stickers issued in 1998 and 1999 are now expired and should be removed. Red stickers issued in 2000 are expiring throughout this year, depending on the
month of issue. Persons with expired stickers wishing to continue their exemption status must reapply to the department.
-------------------------
The sticker is about 2ins. long and about 1/2in tall and is the same color as the plate, so it really can't be seen by the cops, I believe is says "helmet exempt". What is the use of having it if you are still going to get pulled over by the "do it my way boys"and still given a hard time. Anyway, if you have medical insurance coverage of over $10,000. thru the company you work for or on the outside and have an insurance ID card, this also can take the place of the helmet sticker or can be used to get a sticker at your local tax office + $5.00 your choice. I myself use my company ins. card instead of the sticker. Their are guide lines to getting a sticker, 1) must have a min. of $10,000. med ins coverage + 18yrs or older or 2)must have completed a motorcycle safety course and show proof of it.
Ride free,ride safe -Johnny "mutt" Johnson
-------------------------
From: BadMoonRider
Actually I've seen two different types. One is a Circle (dot) and one was in the shape of a Texas. If you get one make sure you put it on the license plate, where other COPS like me can see it. One fellow rider actually placed it on his helmet, (that he didn't wear).
-------------------------
From: hdrider@unforgettable.com
Like The Preacher pointed out, these are optional and your $5 would be better spent by sending it to the Texas Motorcycle Rights Association (www.tmra2.org) or spending it at a rally that contributes to TMRA2. They are pulling bikers over WITH stickers TOO!!!
Get educated and fight for your rights ... Stickers? Stickers? We don't need no stink'n stickers!
Greg
SD 22 Advisor
TMRA2
-------------------------
From: Sputnik... sputnik@texasbikers.com
The sticker is very tiny and goes on the license plate. The sticker from Ft. Hood should serve the same purpose(it does show you qualify for exemption.) Should you ever be told differently by any officer please contact my office and let me take it from there.
It is thanks to those willing to cave in and not get THAT involved that negate much of what we do at the capitol. If a person has been ticketed after showing the officer he is legal that person has a lawsuit they can't lose. Still it is common to say I'll just pay up and not get involved. Starting with my next posting on our site be it known we shall no longer waste time with those not wishing to get that involved but just want our help getting out of a jam. -Sput
------------------
carrolton and the helmet law
Date: 9/17/04
From: johnmorris111@comcast.net
hey suds see if anybody has heard of something like this. a coworker friend of mine. was pulled over in carrolton for no helmet. went to court with ins. verification. the judge & prosecutor stated he had to show ins. coverage covered him riding a motorcycle with out a helmet. so they postponed the trial till dec. so he can get proof. they insisted he get an exemption sticker, he told them it was not mandatory they told him to get one. the same officer that pulled him over for that ticket pulled him over a second time and told him he would not give him a ticket this time since the trial is pending. thanks john
if you could pass his number on to the correct party that would be great.
his name is james shaw - his phone # is xxxxxxxxxx thanks suds. john
This info was forwarded on to a member of Texas COC, DFW Region
If anyone has a similar case, contact your local chapter of COC or TMRA2 with any info concerning the incident. If yer NOT currently a member of any MRO then it's time to join up and stand for something. If you do not choose to help fight for bikers rights on any level & get ticketed for no helmet exemption sticker... maybe this is yer wake-up call. ~S&B
--------------------------
From: Clifton.Burdette@txdps.state.tx.us
Sent: Tuesday, October 19, 2004
To: John.Galvan@txdps.state.tx.us
Major Galvan, could you please respond to this. I know what the law states, but not the exact wording of the policy. Thanks,
*****
From: John.Galvan@txdps.state.tx.us
To: Clifton.Burdette@txdps.state.tx.us
Sent: Wednesday, October 20, 2004
When an officer observes a motorcyclist operating a Motorcycle without a helmet and there is no Helmet Exemption Sticker affixed to the license plate or plate bracket, the absence of the sticker is probable cause to make an enforcement stop to ensure compliance with the law and it's exemptions. If
the motorcyclist provides the adequate paperwork or insurance and satisfies the requirements of the statute, and there are no other reasonable causes to detain the driver, then the officer should terminate the contact and release the driver to go on his way.
I have provided enforcement actions for the Harris County and State on M/C Operator w/o Approved Head Gear for the last two years. Keep in mind that probable cause for the stops, which could include
the absence of a sticker or could have been in combination with another violation of law, speeding,
ran stop sign, etc. -Major John Galvan (512) 424-2114
--------------------
From: bandidojan@hotmail.com
Sent: Saturday, October 02, 2004
To: motorcycle.safety@txdps.state.tx.us
Recently there has been a trend of stopping unhelmeted motorcyclists for not having "the sticker" on their license plates. I am under the impression that "the sticker" is an option, and not required. I also have been told that an officer may not pull a motorcyclist over solely for not wearing a helmet if
the rider is obviously over 21 years old. Please clarify these issues for me in plain English.
Thank You
Jan Christensen
Spring, Texas
*****
Reply:
You are correct. The sticker is not the requirement. Carrying proof of one of the exemptions is the requirement. Officers are not supposed to stop an unhelmeted rider unless they appear to be under 21 years of age. I've attached an information sheet for you.
Jim D. White
Training Specialist
Texas Department of Public Safety
Motorcycle Safety Unit
512-424-2817
1-800-292-5787
jim.white@txdps.state.tx.us
www.txdps.state.tx.us/msb
--------------------
Date: 10/22/04
From: bandidojan@hotmail.com
After reading three versions of the helmet interpretations I have come to the conclusion that buying "the sticker" is the way to go. It's certainly cheaper than even one trip to court, even if you win. I believe I've sent out applications already, but here's another one.
Another suggestion I know is going rub you'all the wrong way is the Riders' Course. Beside the fact that it will bring your insurance rates down, and get you a sticker without health insurance, I've talked to several people who said despite how long they'd been riding, they learned some new tricks. We could all stand to learn some new tricks, especially the kind that could save our lives, don't you think?
I plan on contacting the college here and seeing if they'll give us a group discount. Everyone who feels like they might be interested, send me a note so I can use numbers to sell this idea. By the way, a couple years ago Sue Haley persuaded (I believe Dairyland) insurance company to give a 10% discount to TMRA2 members. Last time I asked there were 2 or 3 who had taken advantage of it. I myself, having full coverage and uninsured/underinsured motorist, couldn't get a good enough break, but I'll bet there are hundreds who could if they just asked. I also hope that all COC members are TMRA2 members as well. Sputnik does most of our fighting at the state capital, and he needs the money desperately. I not for him and his cohorts, we WOULD be wearing helmets today.
Jan the Man
West Houston BMC
--------------------
Date: 5/29/05
From: chairman@tmra2.org
Several riders have questioned what happens now with the helmet law not passing,
should we buy the sticker (?)
Our answer is that, each individual has to make that choice for his self. The law clearly states that if you show an insurance card or rider training certificate the officer can not write you a ticket. We have taken the time and expense to go to court with countless riders all over the state to have illegal tickets dismissed. We have told each rider upon dismissal you now have a lawsuit that you can't lose. To date not one rider has been willing to take that step.
Writing a ticket after you show proof of compliance with the law is illegal. That officer has violated your civil rights and the agency they work for is guilty of failure to train. A no helmet stop that leads to a fishing expedition is also illegal. However there is only so much an organization can do to protect your rights. It comes down to you being willing to do your part.
We ask that you report any stop for no helmet to TMRA 2. We will use this for munitions in the next session. A letter or Email will be fine. We can share that with the legislators during the off session. The battle doesn't end just because the session ends. It is always ongoing even during the off session.
Texas ABATE, Texas COC and TMRA 2 work hard to protect your rights. Report any illegal helmet tickets to one of these groups and we will share information. Report any action taken because of a no helmet stop that you believe to be illegal to these groups as well. For instance we have heard of colors being taken after a helmet stop. This is illegal as hell and should not be accepted without a court hearing.
We will always do OUR part but it is up to YOU to file the suits and hit them in the pocket book. That is our best remedy for now.
Sputnik
State Chair
TMRA 2
--------------------
From: Icvmcspook@aol.com
Date: Sat, 28 May 2005
Subject: Helmet violation
To: jcprince@sbcglobal.net
Big Kid,
Talked to Bill Smith yesterday. Sent the Court notice back in marked "Not Guilty" registered mail and return receipt required.
I also called the Jones County courthouse, at Bill's advice, and told the clerk what I was doing. She gave me a bunch of hoop-la about defensive driving, deferred adjudication, blah blah blah. When I told her I wasn't interested, she told me I would have to post a $500.00 appearance bond and send that in with the other paperwork. When I told her that there was nothing on the paperwork that the DPS gave me about sending in the bond, she said to run it through my attorney and he would help me take care of it.
Screw the clerk....I complied with the instructions on the court notice to the letter, made copies of everything and mailed it in.
I requested a non-jury trial.....I should have requested a jury trial just to be an ass about it.
Will keep you posted.
LLRB
Spook
Brothers Mustang and Thumper, Forgot to let you all know I got pulled for "operating a motor vehicle without appropriate headgear." Even though I showed the trooper license, registration, vehicle and medical insurance, he insisted I had to have proof of $10K LIFE insurance and wrote me up any way. I also got tagged for 80 mph in a 70.
--------------------
Re: Smiley's ticket
Date: 6/9/05
From: bigkid@coctexas.org
Message from: stinger@cebridge.net
BIG KID, Smiley was going North on Pioneer Rd in Balch Springs and the police officer was going South when the police man did a u turn and turned his lights on to pull Smiley over. Smiley asked the officer why he pulled him over ,the officer told him because the passenger was not wearing a helmet. Smiley told the officer he was not aware it was against the law.The officer asked for license and insurance and went back to his car. He came back and wrote Smiley a ticket for no motorcycle headgear worn and no motorcycle endorsement. The officer told Smiley that a passenger has to wear a helmet at all times.
Smiley Black Sheep Mc.
National Area A
Seargant At Arms
Witness: Drill Bit
--------------------
From: n4ces@msn.com
To: stinger@cebridge.net
CC: "'BIG KID GryphonsM/C'" <jcprince@sbcglobal.net>
Date: Thu, 9 Jun 2005
Smiley, The helmet requirement for passengers is the same as for operators of motorcycles. All operators and passengers must wear a helmet unless each has completed a m/c safety training course or have $10,000 in medical benefits and be over 21 years of age. If the passenger has medical insurance or passed a m/c safety training course and is over 21, the passenger is not required to wear a helmet.
I hope that answers your question.
William A. Smith
William A. Smith & Associates, P.C.
3131 McKinney Ave.
Suite 350
Dallas, Texas 75204-2442
(214) 969-0909
(214) 969-5588 Fax
n4ces@msn.com
--------------------
Date: 6/10/05
From: bigkid@coctexas.org
----forwarded message---
From: 100thflsts@houston.rr.com
To: bigkid@coctexas.org
Subject: Helmet Laws Suck!
Date: Thu, 9 Jun 2005
I was stopped in Seabrook Tx./Harris/Nasa Rd.1
I was stopped for not wearing a helmet and not having a helmet sticker on my li
I was issued a ticket and a written warning for my passenger.
City Officer,D.Harger? Badge#74
Before the stop,the Offier came Flying out of The Turtle Club;I dont think he saw us! I had to jump across 2 lanes to avoid hitting him. Once the Officer realized what had happened he slowed down,got behind me and pulled me over!
I recieved this Citation on 05/13/05
Court date was 06/06/05
Fine was issued of $135
Troy Freeman
LaPorte,Tx.
--------------------
Date: 6/12/05
From: terrylynch474@msn.com
hey sud' this is terry; im living down here in rio grange city; now; the reason i'm writing you is to let you know that here in mission tx. the city cop's are giving tk; for no helmet's they gave me and my lady each one today even after i showed him that i had all the insurance that i needed; he said that there is a form to get from the dot; and send in to auston with $5 and they will send me a sticker that say's exemt; on it do you know anything about this B.S.
TERRY LYNCH
RIO GRANDE CITY, TX.
Referred to Sputnik on 6-13-05 by Suds
Re: helmet sticker tickets in Mission, TX
Date: 6/13/05
From: chairman@tmra2.org
If you were a member of Texas Motorcycle Rights Association you would know all about this Bull Shit. You would know that the Sticker is not required and that if you showed the officer proof of compliance with the law he could NOT write you a ticket. Therefore he wrote you an illegal ticket.
You would also know that under US Code 42 Section: 1978 the officer has violated your Civil Rights by not knowing the law and the Agency he works for is guilty of Failure To Train. In the entire Valley there are only two TMRA 2 Warriors who support the progress made by this association by being members. Everyone else in the Valley who rides without a helmet or pay less than $2000 for thier bike insurance that is only good in Texas are doing so at the expense of those who care.
Now you know your Civil Rights have been violated what you choose to do about it is your choice.
-Sputnik, TMRA2 State Chairman
from : Terry Lynch
THE MISSION POLICE WerE ILLEGELY TICKETING BIKERS FOR NO HELMENT. IF YOU ARE ONE OF THOSE AND ARE LEGEL PLEASE READ THE HELMENT LAW, AND IF YOU WERE WRONGLY TICKETED CALL ME TERRY LYNCH CELL. 956-735-3459 OR CALL THE LAWYER, RODNEY SIPES 956-631-8080. OR SIGN THE PETITION WITH YOUR NAME AND WHEN / WHERE YOU GOT THE TICKET. - THEN WE CAN GET A CLASS ACTION LAW SUITE AGINST THE CITY OF MISSION, TX.
--------------------
Date: 7/14/05
From: Tradesmenmc
Last COC meeting there was talk about fighting no-helmet tickets and unwarranted stops.
A customer/friend was stopped this past weekend in Montgomery Co. For not wearing a helmet. He produced a major health ins. card but the officer told him "No, you have to have major life ins." and ticketed him anyway. Kenny, is willing to fight it and "sue" the county? Anyway, who would he have to c
all to fight and pursue this? He is willing to fight on this. -Bear, TMC. ...thanks
7-16 I received an overwhelming response. I've since gotten Kenny in touch with Sputnik and they talked at great length. Seems Kenny's civil rights were violated (the stop?) and charges can be filed for lack of training on the officers behalf. (It was an admitted sting operation, no helmet stops.) Sputnik referred him to a civil rights lawyer and charges are being filed.
Thanks, Bear.
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6/18/2007
From: Towngrl2@aol.com
I remember a news letter that had something in it about the police pulling people over for not having the helmet sticker...... well my husband got pulled over in Arlington this morning and he got an ear full...
the officer stated that he had to have the exemption sticker to ride without a helmet...I told my husband that the officer just wanted $5 for the state.... what is the law with the sticker? do we need it? and if not is there a code number or law number that I can write down and keep so if this happens to me I can tell the officer the law? thanks -jellybean
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7/5/2007
From: bob.thompson@txstate.edu
On the DPS website it is clearly spelled out that a sticker IS NOT required, and if you produce a medical insurance card it DOES NOT HAVE TO STATE $10,000 in medical. I haven’t been stopped for no helmet, and I’m hoping I do, because I will definitely take the trouble to go to court and sue the department afterwards. I recently got a seat belt ticket, and after being fined $250, I told the court it was a $50 fine. She said otherwise, so I sent her a copy of the law, and she refunded $200 of my money. It’s amazing just how many people in the justice system don’t know the law, or maybe they do, and they’re playing the odds on people bitching, but ponying up the monetary fine.
**Here’s the link. Print it out and put it on your bike.
Bob Thompson, San Marcos TX
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