Riding two-up in Texas isn’t just about balance and trust. It’s about following the law — especially when you’re carrying someone you care about.
Texas has specific rules for motorcycle passengers. These rules are often referred to as “Malorie’s Law.” And if you don’t follow them, you could face fines — or worse, serious injury exposure if there’s a crash.
Let’s break it down in plain English.
What Is “Malorie’s Law”?
“Malorie’s Law” refers to Texas motorcycle passenger safety requirements. It focuses on proper equipment and protecting young children from dangerous riding conditions.
If you’re carrying a passenger, your motorcycle must be properly equipped — and not every bike qualifies.
Equipment Requirements for Carrying a Passenger in Texas
If you’re riding with a passenger, your motorcycle must have:
1. A Permanent Passenger Seat
The seat must be permanently attached to the motorcycle.
No makeshift pads. No temporary setups. No “just hop on.”
2. Dedicated Footrests
Your passenger must have their own foot pegs or footrests.
Not yours. Not the frame. Not the exhaust guard.
Footrests help stabilize the passenger and prevent dangerous shifting during braking or turning.
3. Handholds
There must be handholds for the passenger.
This can include:
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A proper grab bar
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A strap secured to the seat
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Secure positioning designed for passenger grip
If your bike wasn’t built for two people, it probably doesn’t qualify.
Age Restriction: Children Under 5 Cannot Ride
Texas law is clear:
Children under five years old cannot legally ride as passengers on a motorcycle.
No exceptions.
The reason is obvious — young children lack the physical strength, coordination, and stability to ride safely. Even minor braking or swerving can create catastrophic consequences.
Why These Laws Matter After a Crash
Here’s where this becomes critical.
If you’re in a motorcycle accident and:
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The bike wasn’t properly equipped
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The passenger didn’t have footrests
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A child under five was riding
Insurance companies will use that against you immediately.
Even if another driver caused the crash.
They’ll argue:
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“Improper equipment contributed to injury.”
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“Negligent riding.”
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“Comparative fault.”
And that can impact how compensation is calculated.
What If a Passenger Is Injured in a Motorcycle Accident?
If a driver:
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Turns left in front of you
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Merges into your lane
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Rear-ends you
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Runs a red light
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Claims they “didn’t see you”
They are still responsible for causing the crash.
Passenger cases can be especially serious because:
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Passengers often suffer worse injuries.
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There is no control over the motorcycle.
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Insurance companies look for every angle to reduce payout.
If you were carrying a passenger and someone else caused the wreck, the focus should stay where it belongs — on the negligent driver.
Riding Smart in Texas
Before carrying a passenger, ask yourself:
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Does my bike have a permanent passenger seat?
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Does it have dedicated footrests?
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Are there proper handholds?
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Is my passenger legally old enough to ride?
Because the ride is short.
But the consequences can be lifelong.
