| (a) The director of the Texas Department of Public
Safety incorporates, by reference, the Federal Hazardous Materials
Regulations, Title 49, Code of Federal Regulations, Parts 107 (Subpart
G), 171 - 173, 177, 178, 179 (Subpart E), and 180, including all interpretations
thereto, for commercial vehicles operated in intrastate, interstate,
or foreign commerce, as amended through September 1, 2022. All other
references in this section to the Code of Federal Regulations also
refer to amendments and interpretations issued through September 1,
2022.
(b) Explanations and Exceptions.
(1) Certain terms when used in the federal regulations
as adopted in subsection (a) of this section will have the following
meanings, unless the context clearly indicates otherwise.
(A) Motor carrier--Has the meaning assigned by Texas
Transportation Code, §643.001(6).
(B) Hazardous material shipper--A consignor, consignee,
or beneficial owner of a shipment of hazardous materials.
(C) Interstate or foreign commerce--All movements by
commercial motor vehicle, both interstate and intrastate, over the
streets and highways of this state.
(D) Department--The Texas Department of Public Safety.
(E) Federal Motor Carrier Safety Administration (FMCSA)
field administrator--The director of the Texas Department of Public
Safety or the designee of the director for vehicles operating in intrastate
commerce.
(F) Farm vehicle--Any vehicle or combination of vehicles
controlled and/or operated by a farmer or rancher being used to transport
agriculture products, farm machinery, and farm supplies to or from
a farm or ranch.
(G) Private carrier--Any person not included in the
terms "common carrier by motor vehicle" or "contract
carrier by motor vehicle" who transports by commercial motor
vehicle property of which the person is the owner, lessee, or bailee,
when such transportation is for the purpose of sale, lease, rent or
bailment, or in furtherance of commerce.
(2) All references in Title 49, Code of Federal Regulations,
Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and 180
made to other modes of transportation, other than by motor vehicles
operated on streets and highways of this state, will be excluded and
not adopted by this department.
(3) Regulations adopted by this department, including
the federal motor carrier safety regulations, will apply to farm tank
trailers used exclusively to transport anhydrous ammonia from the
dealer to the farm. The usage of non-specification farm tank trailers
by motor carriers to transport anhydrous ammonia must be in compliance
with Title 49, Code of Federal Regulations, §173.315(m).
(4) The reporting of hazardous material incidents as
required by Title 49, Code of Federal Regulations, §171.15 and §171.16
for shipments of hazardous materials by highway is adopted by the
department.
(5) Regulations adopted by this department, including
the federal motor carrier safety regulations, will apply to an intrastate
motor carrier transporting a flammable liquid petroleum product in
a cargo tank. The usage of non-specification cargo tanks by motor
carriers for the intrastate transportation of flammable liquid petroleum
products must be in compliance with Title 49, Code of Federal Regulations, §173.8.
(6) Regulations and exceptions adopted herein are applicable
to all drivers and vehicles transporting hazardous materials in interstate,
foreign, or intrastate commerce.
(7) Nothing in this section shall be construed to prohibit
an employer from requiring and enforcing more stringent requirements
relating to safety of operation and employee safety and health.
(8) Penalties assessed for violations of the regulations
adopted herein will be based upon the provisions of Texas Transportation
Code, Chapter 644, and §4.16 of this title (relating to Administrative
Penalties, Payment, Collection, and Settlement of Penalties).
(9) A peace officer certified, in accordance with §4.13
of this title (relating to Authority to Enforce, Training and Certificate
Requirements), to enforce the Federal Hazardous Material Regulations,
as adopted in this section, may declare a vehicle out-of-service using
the North American Standard Hazardous Materials Out-of-Service Criteria
as a guideline.
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| Source Note: The provisions of this §4.1 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3030; amended to be effective September 22, 2005, 30 TexReg 6064; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4441; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective April 30, 2007, 32TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5033; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective December 10, 2008, 33 TexReg 10048; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective November 8, 2010, 35 TexReg 9918; amended to be effective May 10, 2011, 36 TexReg 2994; amended to be effective June 26, 2012, 37 TexReg 4601; amended to be effective July 6, 2014, 39 TexReg 5190; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective May 9, 2016, 41 TexReg 3314; amended to be effective January 9, 2018, 43 TexReg 95; amended to be effective June 29, 2021, 46 TexReg 3937; amended to be effective January 8, 2023, 48 TexReg 50 |
