| (a) Exemptions. Exemptions to the adoptions in §4.11
of this title (relating to General Applicability and Definitions)
are made pursuant to Texas Transportation Code, §§644.052
- 644.054, and are adopted as follows:
(1) Such regulations shall not apply to the following
vehicles when operated intrastate:
(A) a vehicle used in oil or water well servicing or
drilling which is constructed as a machine consisting in general of
a mast, an engine for power, a draw works, and a chassis permanently
constructed or assembled for such purpose or purposes;
(B) a mobile crane which is an unladen, self-propelled
vehicle constructed as a machine used to raise, shift, or lower weights;
(C) a vehicle transporting seed cotton; or
(D) concrete pumps.
(2) Drivers in intrastate commerce will be permitted
to drive 12 hours following 8 consecutive hours off duty. Drivers
in intrastate commerce may not drive after having been on duty 15
hours, following 8 consecutive hours off duty. Drivers in intrastate
commerce violating the 12 or 15 hour limits provided in this paragraph
shall be placed out-of-service for 8 consecutive hours. Drivers of
vehicles operating in intrastate commerce shall be permitted to accumulate
the equivalent of 8 consecutive hours off duty by taking a combination
of at least 8 consecutive hours off duty and sleeper berth time; or
by taking two periods of rest in the sleeper berth, providing:
(A) neither rest period in the sleeper berth is shorter
than 2 hours duration;
(B) the driving time in the period immediately before
and after each rest period in the sleeper berth, when added together,
does not exceed 12 hours;
(C) the on duty time in the period immediately before
and after each rest period in the sleeper berth, when added together,
does not include any driving time after the 15th hour; and
(D) the driver may not return to driving subject to
the normal hours of service requirements in this subsection without
taking at least 8 consecutive hours off duty, at least 8 consecutive
hours in the sleeper berth, or a combination of at least 8 consecutive
hours off duty and sleeper berth time.
(3) Drivers in intrastate commerce who are not transporting
placardable hazardous materials and were regularly employed in Texas
as commercial vehicle drivers prior to August 28, 1989, are not required
to meet the medical standards contained in the federal regulations.
(A) For the purpose of enforcement of this regulation,
those drivers who reached their 18th birthday on or after August 28,
1989, shall be required to meet all medical standards.
(B) The exceptions contained in this paragraph shall
not be deemed as an exemption from drug and alcohol testing requirements
contained in Title 49, Code of Federal Regulations, Parts 40 and 382.
(4) The maintenance of a driver's record of duty status
is not required if the vehicle is operated within a 150 air-mile radius
of the driver's normal work reporting location if:
(A) the driver returns to the normal work reporting
location and is released from work within 12 consecutive hours;
(B) the driver has at least 8 consecutive hours off
duty separating each 12 hours on duty; and
(C) the motor carrier that employs the driver maintains
and retains for a period of 6 months true and accurate time and business
records which include the following information:
(i) the time the driver reports for duty each day;
(ii) the total number of hours the driver is on duty
each day;
(iii) the time the driver is released from duty each
day;
(iv) the total time on duty for the preceding seven
days in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2)
for drivers used for the first time or intermittently; and
(v) the motor carrier maintains business records that
provide the date, time, quantity, and location of the delivery of
a product or service, including delivery tickets or sales invoices.
(5) The maintenance of a driver's record of duty status
is not required for the driver of a ready-mix concrete delivery vehicle
if the vehicle is operated intrastate within a 150 air-mile radius
of the driver's normal work reporting location if:
(A) the driver returns to the normal work reporting
location and is released from work within 14 consecutive hours;
(B) the driver has at least 8 consecutive hours off
duty separating each 14 hours on duty;
(C) the driver does not exceed 12 hours maximum driving
time following 8 consecutive hours off duty; and
(D) the motor carrier that employs the driver maintains
and retains for a period of 6 months true and accurate time and business
records which include:
(i) the time the driver reports for duty each day;
(ii) the total number of hours the driver is on duty
each day;
(iii) the time the driver is released from duty each
day;
(iv) the total time on duty for the preceding 7 days
in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2)
for drivers used for the first time or intermittently; and
(v) the motor carrier maintains business records that
provide the date, time, quantity, and location of the delivery of
a product or service, including delivery tickets or sales invoices.
(6) An electronic logging device (ELD) and an automatic
on-board recording device have the meaning as defined in Title 49,
Code of Federal Regulations, §395.2.
(7) Unless otherwise exempted, until December 16, 2019,
a motor carrier operating commercial motor vehicles intrastate shall
require each of its drivers to record the driver's record of duty
status:
(A) Using an ELD that meets the requirements of subpart
B of Title 49, Code of Federal Regulations, Part 395;
(B) Using an automatic on-board recording device that
meets the requirements of Title 49, Code of Federal Regulations, §395.15;
or
(C) Manually, recorded as specified in Title 49, Code
of Federal Regulations, §395.8. The record of duty status must
be recorded in duplicate for each 24-hour period for which recording
is required.
(8) Unless otherwise exempted, a motor carrier operating
commercial motor vehicles intrastate must install and require each
of its drivers to use an ELD to record the driver's duty status in
accordance with Title 49, Code of Federal Regulations, Part 395 no
later than December 16, 2019.
(9) The provisions of Title 49, Code of Federal Regulations,
Part 395 shall not apply to drivers transporting agricultural commodities
in intrastate commerce for agricultural purposes within a 150 air-mile
radius from the source of the commodities or the distribution point
for the farm supplies during planting and harvesting seasons.
(b) Exceptions. Exceptions adopted by the director
of the Texas Department of Public Safety not specified in Texas Transportation
Code, §644.053, are as follows:
(1) Title 49, Code of Federal Regulations, §393.86,
requiring rear-end protection shall not be applicable provided the
vehicle was manufactured prior to September 1, 1991 and is used solely
in intrastate commerce.
(2) Drivers of vehicles under this section operating
in intrastate transportation shall not be permitted to drive after
having worked and/or driven for 70 hours in any consecutive seven-day
period. A driver may restart a consecutive seven-day period after
taking 34 or more consecutive hours off-duty. Drivers in intrastate
transportation violating the 70 hour limit provided in this paragraph
will be placed out-of-service until no longer in violation.
(3) For drivers of commercial motor vehicles operating
in intrastate transportation and used exclusively in the transportation
of oilfield equipment, including the stringing and picking up of pipe
used in pipelines, and servicing of the field operations of the natural
gas and oil industry, any period of 7 consecutive days may end with
the beginning of any off-duty period of 24 or more successive hours.
(4) For drivers of a commercial motor vehicle operating
in intrastate transportation and used primarily in the transportation
of construction materials and equipment, any period of 7 consecutive
days may end with the beginning of any off-duty period of 24 or more
successive hours. "Transportation of construction materials and equipment"
has the meaning assigned by Title 49, Code of Federal Regulations,
§395.2.
(5) Drivers of vehicles operating in intrastate transportation
claiming the 150 air mile radius exemption in subsection (a)(4) of
this section must return to the work reporting location; be released
from work within 12 consecutive hours; and have at least 8 consecutive
hours off-duty separating each 12 hours on-duty.
Cont'd... |
