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How can a person be "inside of" a motorcycle?
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That's an excellent question. The statute does not directly address motor vehicles without enclosed passenger cabins, although IMHO someone riding a motorcycle should meet the intent of the statute.
After rereading the Penal Code and Transportation Code, one could bring up another possible legal nitpick regarding the definition of "inside"...
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Sec. 541.201 VEHICLES. In this subtitle:
{subsections 1-3 omitted}
(4) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine.
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A farm tractor is legally considered a motor vehicle in TX, so unlicensed CCW is theoretically legal while operating one. Modern farm tractors are often available with an open seat
or an enclosed climate-controlled cabin. Does this mean that unlicensed CCW is legal in an enclosed tractor but illegal in an otherwise identical open one? What if it has a roof but open sides- is the operator "inside"? Where is the line drawn?
