(a) Purpose. This section prescribes the requirements
and procedures regarding the annual permit for the operation of a
vehicle or combination of vehicles that will be used to transport
unrefined timber, wood chips, woody biomass, or equipment used to
load timber on a vehicle under the provisions of Transportation Code,
Chapter 623, Subchapter Q.
(b) Application for permit.
(1) To qualify for a timber permit, a person must submit
an application to the department.
(2) The application shall be in a form prescribed by
the department and at a minimum, will require the following:
(A) name, customer identification number, and address
of the applicant;
(B) name, telephone number, and email address of contact
person;
(C) vehicle information, including vehicle year, make,
license plate number and state of issuance, and vehicle identification
number;
(D) a list of timber producing counties described in
Transportation Code, §623.321(a), in which the vehicle or combination
of vehicles will be operated; and
(E) applicant's USDOT Number if applicant is required
by law to have a USDOT Number.
(3) The application shall be accompanied by:
(A) the total annual permit fee required by statute;
and
(B) a blanket bond or irrevocable letter of credit
as required by Transportation Code, §623.012, unless the applicant
has a current blanket bond or irrevocable letter of credit on file
with the department that complies with Transportation Code, §623.012.
(4) Fees for permits issued under this section are
payable as required by §219.11(f) of this title (relating to
General Oversize/Overweight Permit Requirements and Procedures).
(c) Issuance and placement of permit and windshield
sticker; restrictions.
(1) A permit and a windshield sticker will be issued
once the application is approved, and each will be mailed to the applicant
at the address contained in the application.
(2) The windshield sticker shall be affixed to the
inside of the windshield of the vehicle in accordance with the diagram
printed on the back of the sticker and in a manner that will not obstruct
the vision of the driver. Any attempt to remove the sticker from the
windshield will render the sticker void and will require a new permit
and sticker.
(3) A replacement sticker for a lost, stolen, or mutilated
windshield sticker may be issued, provided that the permittee submits
a request on a form approved by the department which shall include
a statement, signed by the permittee, affirming that the sticker was
lost, stolen, or mutilated. The replacement sticker shall only be
valid for the permitted vehicle.
(d) Notification. The financially responsible party
as defined in Transportation Code, §623.323(a), shall electronically
file the notification document described by §623.323(b) with
the department via the form on the department's website.
(e) Transfer of permit. An annual permit issued under
this section is not transferable between vehicles.
(f) Amendments. An annual permit issued under this
section will not be amended except in the case of department error.
(g) Termination of permit. An annual permit issued
under this section will automatically terminate, and the windshield
sticker must be removed from the vehicle:
(1) on the expiration of the permit;
(2) when the lease of the vehicle expires;
(3) on the sale or other transfer of ownership of the
vehicle for which the permit was issued;
(4) on the dissolution or termination of the partnership,
corporation, or other legal entity to which the permit was issued;
or
(5) if the permittee fails to timely replenish the
bond or letter of credit as required by Transportation Code, §623.012.
(h) Restrictions. Permits issued under this section
are subject to the restrictions in §219.11(l) of this title.
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Source Note: The provisions of this §219.31 adopted to be effective February 6, 2014, 39 TexReg 504; amended to be effective December 14, 2015, 40 TexReg 8900; amended to be effective December 30, 2020, 45 TexReg 9594; amended to be effective January 4, 2024, 48 TexReg 8383 |