| (a) Final authority. The ferry captain is the final decision-maker
as to whether a person or item of property is classified as a type of traffic
prohibited from boarding a ferry.
(b) Animal assisting disabled passenger. Nothing in this section
is intended to prohibit an animal trained in assisting a disabled person from
boarding a ferry when the animal is engaged in assisting a passenger with
a disability.
(c) Persons and vehicles prohibited. The following persons
and vehicles are prohibited from boarding a ferry:
(1) a vehicle or a person carrying any material that according
to the CFR or this subchapter is prohibited aboard;
(2) a vehicle exceeding the maximum size or weight allowable
on a public highway as provided by Transportation Code, Chapter 621;
(3) a vehicle with one or more persons lying, reclining,
standing, or in any other manner riding, in part or in whole, on the outside
of a vehicle's passenger cab or a vehicle's truck bed;
(4) a vehicle having one or more flat tires, excluding
bicycles;
(5) a vehicle which is stalled or a vehicle with an inoperable
motor, excluding vehicles properly in tow as required by this section;
(6) a driver of a vehicle who exhibits one or more characteristics
of intoxication or one or more characteristics of being under the influence
of any chemical substance;
(7) a vehicle with one or more metal tires;
(8) a vehicle carrying an animal which is not completely
confined so as to create, or have the potential of creating, in the opinion
of the ferry captain, an unsafe or unsanitary condition aboard the ferry;
(9) a vehicle with inoperable or inadequate brakes, lights,
signals, or horns;
(10) a vehicle with a leaking fuel tank or with any type
of leaking fluid reservoir or leaky spigot;
(11) a vehicle or any other type of property having any
type of metal surface which, in the opinion of the ferry captain, may come
in contact with the deck of the ferry;
(12) a vehicle drawn, powered, or otherwise operated
by an animal;
(13) double-decked buses having a noncovered upper deck
with passengers on the top deck;
(14) a vehicle which, in the opinion of the ferry captain,
is emitting an excessive amount of smoke, gases, or fumes, or is giving off
an excessive amount of foul odor, thereby creating or having the potential
of creating an unsafe, unhealthy, or intolerable environment;
(15) a vehicle whose load, in the opinion of the ferry
captain, is inadequately or improperly secured or covered in a manner where
it appears that any part of the load may fall off of the vehicle, thereby
creating or having the potential of creating an unsafe condition;
(16) a vehicle whose load projects, appears to project,
or has the potential of projecting, in the opinion of the ferry captain, in
such manner as to be a safety hazard or have the potential of being a safety
hazard;
(17) a vehicle being towed by any device, method, or
means other than by a tow bar, wrecker, tow truck, or winch truck; and
(18) any person, vehicle, equipment, machinery, animal,
or property of any kind which the ferry captain believes to constitute a hazard
or a potential hazard to the safe operation of the ferry.
(d) Hazardous materials.
(1) A ferry, whether operating as a passenger vessel or as
a cargo vessel, may not carry on board any hazardous material unless the transportation
of the hazardous material aboard the ferry is in accordance with the CFR.
(2) A vehicle used for the transportation of hazardous
material, or which at anytime has been used for the transportation of hazardous
material, may not board the ferry unless the vehicle complies with all federal
and state laws and rules.
(3) Any vehicle that the department believes may be carrying
or has carried any hazardous material will be subject to inspection at the
ferry staging area. The inspection may consist of the department inspecting
the shipper's shipping papers. If any inconsistencies are observed such as
expired dates on shipping papers, shipping papers that do not agree with placards,
or the type of trailer does not appear to be appropriate to transport the
material indicated in the shipping papers, the inspection may additionally
include the department inspecting the vehicle and its load. If the driver
of the vehicle refuses to grant permission to inspect the shipping papers,
the vehicle, or its load, the driver shall immediately remove the vehicle
from department property, including the ferry staging area. All shipping papers
shall be accurate and complete and shall comply in every respect with federal
and state laws and rules. Allowing an inspection of shipping papers or the
conducting of an inspection does not guarantee or create any right to board
the vessel. If the inspection of the shipping papers, the vehicle, or the
vehicle's load reveals that the shipment of the hazardous material is not
in compliance with federal and state laws and rules, the vehicle will not
be permitted aboard the ferry.
(4) All containers of every kind, size, and type shall
be in good working condition so as to securely hold, contain, prevent the
movement of, and otherwise enclose a hazardous material, thereby ensuring
that the material will not leak, spill, spew, overflow, or otherwise empty
or escape from the respective container while the material is on department
property, including, but not limited to, the ferry staging areas, ferry landings,
and the ferry, and all containers shall comply with all federal and state
laws and rules regarding hazardous materials.
(5) In accordance with the hazardous material restrictions
provided by the CFR, the following materials will not be permitted aboard
ferries classified as passenger vessels:
(A) any hazardous material identified as "forbidden" in Column
3 of the Hazardous Material Table;
(B) any hazardous material identified by the LETTERS B, D
AND E in Column 10(a) of the Hazardous Material Table;
(C) any hazardous material which requires special handling,
separation, or segregation from other materials, or other stowage requirements
due to health risks or violent reactions of the material when in contact with
water or other incompatible materials, as specified in the CFR;
(D) any hazardous material identified in the CFR as being
in one of the following hazard classes:
(i) class 1 explosive materials;
(ii) class 2 compressed gases, including flammable gases and
poisonous gases;
(iii) class 3 flammable liquids with a flash point below 100
degrees Fahrenheit;
(iv) class 4 flammable solids;
(v) class 5 oxidizers and organic peroxides;
(vi) class 6 poisonous materials and etiologic agents;
(vii) class 7 radioactive materials;
(viii) class 8 corrosive materials;
(ix) new explosives as defined by the CFR;
(x) liquefied petroleum gas or compressed natural gas, except
when contained in a vehicle as the vehicle's source of fuel;
(xi) asphaltic cements, heavy residual fuel oils, and other
similar products which are transported at a temperature greater than 200 degrees
Fahrenheit; and
(xii) emulsified asphalts which are transported at a temperature
greater than 200 degrees Fahrenheit.
(e) Other materials.
(1) The shipper of a material that is not listed in the CFR
or this subchapter, but is derived in whole or in part from a hazardous material
listed on the Hazardous Material Table, shall provide the ferry operations
manager with a notice including a detailed description of the quantity and
the characteristics of the material which the shipper desires to board onto
a ferry.
(2) The notice shall also state:
(A) how the material will be packaged;
(B) the description of the vehicle carrying the material;
(C) the estimated date and time of arrival at the ferry staging
area; and
(D) the location of the ferry staging area where the vehicle
will be arriving.
(3) The department must receive the notice not less
than two business days before arrival at the ferry staging area.
(4) The material will not be allowed aboard the ferry
if notice is not given.
(5) Providing the required notice does not guarantee
or create any right to board the material.
(6) The shipper shall comply with all federal and state
laws and rules.
(7) The department may at any time refuse to board the
material if the ferry operations manager or the ferry captain believes that
refusal is necessary to protect the public health, safety, or welfare, or
department property. In no circumstance may the vehicle or the material board
a ferry if boarding would be contrary to the CFR or this subchapter.
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