| (a) The department may revoke, suspend, or deny an
oversize or overweight permit if the person or permit holder:
(1) provides false information on the permit application
or another form provided to the department concerning the issuance
of an oversize or overweight permit;
(2) violates this chapter or Transportation Code, Chapters
621, 622, or 623;
(3) violates an order adopted under this chapter or
Transportation Code, Chapters 621, 622, or 623; or
(4) fails to obtain an oversize or overweight permit
that is required under this chapter or Transportation Code, Chapters
621, 622, or 623.
(b) The department may probate a suspension ordered
under this section.
(1) In determining whether to probate a suspension,
the department will review:
(A) the seriousness of the violation;
(B) prior violations by the person;
(C) whether the department has previously probated
a suspension for the person;
(D) cooperation by the person in the investigation
and enforcement proceeding; and
(E) the ability of the person to correct the violations.
(2) The department shall set the length of the probation
based on the seriousness of the violation and previous violations
by the person.
(3) The department will require that the person whose
suspension is probated report monthly to the department any information
necessary to determine compliance with the terms of the probation.
(4) The department may revoke the probation and impose
a deferred administrative penalty if the person fails to abide by
any terms of the probation.
|
| Source Note: The provisions of this §219.122 adopted to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359 |
