| (a) Authority to Enforce.
(1) An officer of the department may stop, enter or
detain on a highway or at a port of entry a motor vehicle that is
subject to Texas Transportation Code, Chapter 644.
(2) A non-commissioned employee of the department that
is trained and certified to enforce the federal safety regulations
may stop, enter or detain at a commercial motor vehicle inspection
site, or at a port of entry, a motor vehicle that is subject to Texas
Transportation Code, Chapter 644.
(3) An officer of the department or a non-commissioned
employee of the department that is trained and certified to enforce
the federal safety regulations may prohibit the further operation
of a vehicle on a highway or at a port of entry if the vehicle or
operator of the vehicle is in violation of Texas Transportation Code,
Chapter 522, or a federal safety regulation or rule adopted under
Texas Transportation Code, Chapter 644, by declaring the vehicle or
operator out-of-service using the North American Standard Out-of-Service
Criteria as a guideline.
(4) Municipal police officers from any of the following
Texas cities meeting the training and certification requirements contained
in subsection (b) of this section and certified by the department
may stop, enter or detain on a highway or at a port of entry within
the municipality a motor vehicle subject to Texas Transportation Code,
Chapter 644:
(A) a municipality with a population of 50,000 or more;
(B) a municipality with a population of 25,000 or more,
any part of which is located in a county with a population of 500,000
or more;
(C) a municipality any part of which is located in
a county bordering the United Mexican States;
(D) a municipality with a population of less than 25,000,
any part of which is located in a county with a population of 2.4
million and that contains or is adjacent to an international port;
(E) a municipality with a population of less than 5,000
that is located adjacent to a bay connected to the Gulf of Mexico
and in a county adjacent to a county with a population greater than
3.3 million;
(F) a municipality with a population of 60,000 or more
any part of which is located in a county with a population of 750,000
or more and in two or more counties with a combined population of
one million or more; or
(G) a municipality with a population of at least 34,000
that is located in a county that borders two or more states.
(5) A sheriff, or deputy sheriff from any of the following
Texas counties meeting the training and certification requirements
contained in subsection (b) of this section and certified by the department,
may stop, enter or detain on a highway or at a port of entry within
the county a motor vehicle subject to Texas Transportation Code, Chapter
644:
(A) a county bordering the United Mexican States; or
(B) a county with a population of 1 million or more.
(6) A certified peace officer from an authorized municipality
or county may prohibit the further operation of a vehicle on a highway
or at a port of entry within the municipality or county if the vehicle
or operator of the vehicle is in violation of Texas Transportation
Code, Chapter 522, or a federal safety regulation or rule adopted
under Texas Transportation Code, Chapter 644, by declaring the vehicle
or operator out-of-service using the North American Standard Out-of-Service
Criteria as a guideline.
(b) Training and Certification Requirements.
(1) Minimum standards. Certain peace officers from
the municipalities and counties specified in subsection (a) of this
section before being certified to enforce this article must meet the
following standards:
(A) successfully complete the North American Standard
Roadside Inspection Course;
(B) successfully complete the Texas Intrastate Roadside
Inspection Course (Part C), if initial certification occurs on or
after January 1, 2006, or if recertification is required under subsection
(c)(4) of this section; and
(C) participate in an on-the-job training program following
the North American Standard Roadside Inspection Course with a certified
officer and perform a minimum of 32 level I inspections. These inspections
should be completed as soon as practicable, but no later than six
months after course completion.
(2) Hazardous materials. Certain peace officers from
the municipalities and counties specified in subsection (a) of this
section and eligible to enforce the Hazardous Materials Regulations
must:
(A) successfully complete the North American Standard
Roadside Inspection Course;
(B) successfully complete the Hazardous Materials Inspection
Course; and
(C) participate in an on-the-job training program following
this course with a certified officer and perform a minimum of 16 level
I inspections on vehicles containing non-bulk quantities of hazardous
materials. These inspections should be completed as soon as practicable,
but no later than six months after course completion.
(3) Cargo Tank Specification. Certain peace officers
from the municipalities and counties specified in subsection (a) of
this section and eligible to enforce the Cargo Tank Specification
requirements must:
(A) successfully complete the North American Standard
Roadside Inspection Course;
(B) successfully complete the Hazardous Materials Inspection
Course;
(C) successfully complete the Cargo Tank Inspection
Course; and
(D) participate in an on-the-job training program following
this course with a certified officer and perform a minimum of 16 level
I inspections on vehicles transporting hazardous materials in cargo
tanks. These inspections should be completed as soon as practicable,
but no later than six months after course completion.
(4) Other Bulk Packaging. Certain peace officers from
the municipalities and counties specified in subsection (a) of this
section and eligible to enforce the Other Bulk Packaging requirements
must:
(A) successfully complete the North American Standard
Roadside Inspection Course;
(B) successfully complete the Hazardous Materials Inspection
Course;
(C) successfully complete the Cargo Tank Inspection
Course; and
(D) successfully complete the Other Bulk Packaging
Course.
(5) Passenger Vehicle. Certain peace officers from
the municipalities and counties specified in subsection (a) of this
section and eligible to enforce the passenger vehicle requirements
must:
(A) successfully complete the North American Standard
Roadside Inspection Course;
(B) successfully complete the Passenger Vehicle Inspection
Course; and
(C) participate in an on-the-job training program following
this course with a certified officer and perform a minimum of 8 level
I or V inspections on passenger vehicles such as motor coaches/buses.
These inspections should be completed as soon as practicable, but
no later than six months after course completion.
(6) Training provided by the department. When the training
is provided by the Texas Department of Public Safety, the department
shall collect fees in an amount sufficient to recover from municipalities
and counties the cost of certifying its peace officers. The fees shall
include:
(A) the per diem costs of the instructors established
in accordance with the Appropriations Act regarding in-state travel;
(B) the travel costs of the instructors to and from
the training site;
(C) all course fees charged to the department;
(D) all costs of supplies; and
(E) the cost of the training facility, if applicable.
(7) Training provided by other training entities. A
public or private entity desiring to train police officers in the
enforcement of the Federal Motor Carrier Safety Regulations must:
(A) submit a schedule of the courses to be instructed;
(B) submit an outline of the subject matter in each
course;
(C) submit a list of the instructors and their qualifications
to be used in the training course;
(D) submit a copy of the examination;
(E) submit an estimate of the cost of the course;
(F) receive approval from the director prior to providing
the training course;
(G) provide a list of all peace officers attending
the training course, including the peace officer's name, rank, agency,
social security number, dates of the course, and the examination score;
and
(H) receive from each peace officer, municipality,
or county the cost of providing the training course(s).
(c) Maintaining Certification.
(1) To maintain certification to conduct inspections
and enforce the federal safety regulations, a peace officer must:
(A) Successfully complete the required annual certification
training; and
(B) Perform a minimum of 32 Level I inspections per
calendar year.
(C) If the officer is certified to perform hazardous
materials inspections, at least eight inspections (Levels I, II or
V) shall be conducted on vehicles containing non-bulk quantities of
hazardous materials per calendar year. Level I inspections on vehicles
containing non-bulk quantities of hazardous materials may also be
used to satisfy the 32 Level I inspections required by subparagraph
(B) of this paragraph.
(D) If the officer is certified to perform cargo tank
inspections, at least eight inspections (Levels I, II or V) shall
be conducted on vehicles transporting hazardous materials in cargo
tanks per calendar year. Level I inspections on cargo tank vehicles
transporting hazardous materials may also be used to satisfy the 32
Level I inspections required by subparagraph (B) of this paragraph.
(E) If the officer is certified to perform other bulk
packaging inspections, the officer can use Level I inspections performed
on vehicles transporting hazardous materials in other bulk packaging
to satisfy the 32 Level I inspections required by subparagraph (B)
of this paragraph. Level I, II or V inspections on vehicles transporting
hazardous materials in other bulk packaging may also be used to satisfy
the eight inspections required by subparagraph (D) of this paragraph.
(F) If the officer is certified to perform passenger
vehicle inspections, at least eight inspections (Levels I or V) shall
be conducted on passenger vehicles such as motor coaches/buses per
calendar year. Level I inspections on passenger vehicles may also
be used to satisfy the 32 Level I inspections required by subparagraph
(B) of this paragraph.
(2) In the event an officer does not meet the requirements
of subsection (c) of this section, his or her certification shall
be suspended by the department. Such suspension action will be initiated
by the director or the director's designee.
(3) To be recertified, after suspension, an officer
shall pass the applicable examinations which may include the North
American Standard Roadside Inspection, the Hazardous Materials Inspection
Course, the Cargo Tank Inspection Course, the Other Bulk Packaging
Inspection Course, and/or the Passenger Vehicle Inspection Course
and repeat the specified number of inspections with a certified officer.
(4) Any officer failing any examination, or failing
to successfully demonstrate proficiency in conducting inspections
after allowing any certification to lapse will be required to repeat
the entire training process as outlined in subsection (b) of this
section.
|
| Source Note: The provisions of this §4.13 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective January 2, 2008, 32 TexReg 10056; amended to beeffective June 11, 2008, 33 TexReg 4527; amended to be effective April 9, 2013, 38 TexReg 2227; amended to be effective October 8, 2013, 38 TexReg 6822 |
