Tiger Tales 9: Know the Laws for Carrying a Passenger on Your Motorcycle

By the Law Tigers
America’s Injury Lawyers Who Ride

Do You Know the Laws for Carrying a Passenger on Your Motorcycle?

Legal Considerations
The laws concerning carrying a passenger vary from state to state. That’s why prior to allowing a passenger to ride on back, it’s important to educate oneself on the local motorcycle laws. Two passenger-related laws that often arise include specific equipment requirements and minimum age requirements.

Most states have specific equipment requirements, which include mandatory footrests and a designated seat. It is important to use resources such as the American Motorcyclist Association to find out the specifics of these laws as they apply to the state or states in which you’re riding. For example, if you’re in Texas or Mississippi, there currently isn’t a footrest requirement. However, in all other states, it is mandatory. Yet, just because it is mandatory doesn’t always mean that simply having passenger footrests makes you compliant. If you are carrying your child or a short-legged adult, must they be able to reach the pegs? If you’re pulled over, would you as the driver get cited or would it be the passenger? And never assume that laws that were in place several years earlier must still apply. Laws affecting passenger requirements can be amended without you ever knowing. That is why it is so important to periodically verify the current laws.

As of 2006, at least five states, including Arkansas, Hawaii, Louisiana, Washington, and Texas, have a minimum age requirement for passengers. Other than that, the decision to carry a child is left to the parent or legal guardian. Regardless of your decision, please be certain that the child is mature and confident enough to handle the responsibilities associated with being a passenger, and verify that they meet the state’s minimum age requirement.

Operator Preparation
A passenger should be considered a second active rider. They help ensure that the safety and procedural operations are correctly followed. A riding passenger adds independent motion and weight to the motorcycle, therefore affecting the handling characteristics. In quick stops, be prepared to have the passenger move forward, which may cause your helmets, heads, and bodies to collide. When starting from a stop, you may be required to engage more leg muscle to balance the bike as well as apply more throttle and clutch finesse.

Additionally, braking procedures can be greatly affected. Carrying a riding passenger may require that you break sooner and/or with greater pressure. The weight over the rear tire may increase the usefulness and stopping power of the rear brake, especially in quick stop situations, yet the transfer of their body weight (while in motion) could make the process more challenging. On the other hand, riding on a downgrade will cause braking distance to increase, thus increasing the chances of losing control or a rear end collision.

Finally, passing other vehicles, taking corners, and the wind speed are all additional factors to keep in mind with a passenger on back. Allow yourself more time and space when passing. When cornering, extra caution should be applied due to the balance variations and the transfer of extra weight. When there is side wind, additional wind resistance will also be more prevalent with a passenger.

Motorcycle Preparation
Before you carry a passenger, review your entire motorcycle owner’s manual for manufacturer’s tips. The motorcycle must be designed to accommodate a passenger, and care should be taken to not exceed the specified weight limitations. Suspension and tire pressure may need adjustment due to the extra weight as well. Spending a few minutes reading your manual could save your life. And every time you ride, you should check both your shock and tire pressure.

Passenger Preparation
It is always best for both the rider and the passenger to wear appropriate protective attire. Passengers should receive a safety briefing and consider themselves as a second operator of the bike. Be sure that the passenger holds the driver’s waist or hips, keeps their feet on footrests at all times, avoids sudden movements, and when turning a corner, looks over the driver’s shoulder in the direction of the corner.