What Happens if You Drive a Motorcycle Without a License?
All drivers must have a valid license to drive in Tennessee and there's no exception for motorcycles or scooters. Driving without a motorcycle license is dangerous for everyone on the road, including the drivers themselves. Sadly, the most recent data show over 2,000 unlicensed motorcycle riders passed away in crashes. In addition to the physical consequences, there are penalties for riding a motorcycle without a license that all potential riders should know.
Can You Buy a Motorcycle Without A License?
You are technically allowed to purchase a motorcycle without having the required Class-M motorcycle license first. But being able to purchase a bike doesn't mean you're ready to ride yet. All drivers, regardless of their vehicle, must register their motorcycle first. Tenn. Code Ann. § 55-4-101 requires all vehicles to be registered before they can be operated on the roads.
You'll need to head to your local county clerk to provide the manufacturer's statement of origin, and a new vehicle invoice. Tennessee also requires that all drivers and their vehicles are insured with a liability policy. The policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for two or more persons in any one accident, and at least $25,000 for property damage in any one accident.
Can You Get a Motorcycle License Without a Driver's License?
It is possible to get a license and start riding on some of the best motorcycle roads Tennessee has to offer, but it takes a few additional steps. Riders who either don't have a regular license or don't want to get one first, can go straight to a Class-M motorcycle license.
If you don't have a regular driver's license, there are additional tests you'll have to schedule, take, and pass before you can receive a motorcycle license.
- Regular Driver's License Knowledge Test: If you're applying for a motorcycle license without a driver's license, Tennessee requires you to pass the Regular Driver's License Test. The state's comprehensive driver license manual provides the information a potential rider would need to study in preparation.
- Take an MREP Course: Whether or not you have a license, you can take a Motorcycle Rider Education Program. These courses provide education on rules of the road, motorcycle skills, and opportunities to become a more skilled rider. If you pass the MREP courses you can have Tennessee's skills and knowledge tests waived.
- Without an MREP Course: If you decide not to take an MREP course, you'll have to submit to a vision screening, Motorcycle Rules of the Road Test, a pre-trip inspection, and a Motorcycle Skills test.
- Present Additional Documentation: If you don't have a regular license, you'll also need to present proof of Tennessee residency along with proof of Citizenship or Lawful Permanent Residency to obtain the Class-M license.
What Happens if You Get Pulled Over Without a Motorcycle License?
Even if you have a regular driver's license, that does not mean you can hop onto a motorcycle and begin riding. Tenn. Code Ann. § 55-30-301 requires all drivers to have a valid license for the type or class of vehicle they're driving. A regular driver's license does not include motorcycles which could expose an operator to certain penalties for riding a motorcycle without a license.
Another applicable Tennessee law is Tenn. Code Ann. § 55-50-351 which requires all drivers to carry and present their license when asked by law enforcement. Failure to comply with this statute could result in arrest and being charged with a Class C Misdemeanor. If a rider is convicted, the potential penalties for driving without a motorcycle license include a fine of at least $50 and up to 30 days in jail for their first offense.
What Happens in An Accident Without a Motorcycle License
Unfortunately, accidents happen. Over 82,000 motorcyclists were injured in crashes according to the most recent available statistics. Not having a motorcycle license can potentially compound the problems the accident caused in the first place.
If the motorcyclist riding without a license is injured in the accident, they may attempt to claim damages against the party that caused the accident. However, the party that caused the accident may point to the lack of a license as evidence of comparative fault. If comparative fault establishes that the injured party is more than 49% at-fault for their injuries, they cannot recover any compensation for their injuries. Also, if they are held less than 49% liable, the injured party would have their damages reduced by the amount of fault the court applies to them.
If the rider driving without a motorcycle license caused the accident, the lack of a license could similarly be used as evidence of fault for the accident. That single fact alone may not be sufficient, but it may change how a jury views a defendant. That, in turn, could influence a decision to award punitive damages to punish the driver for their conduct.
Avoid Driving Without a Motorcycle License
There are different requirements for licensing depending on the type of motorcycle, as well. These depend on the size, as Tennessee draws distinctions between a scooter, a motorcycle, and a motorcycle under 50cc. If there's any doubt about whether you need a license to ride, it's best to assume you do. If you do have questions about the licensing requirements that apply to you, contact Steelhorse Law Group for answers and the safety assistance you need to enjoy riding through Tennessee.