| (a) Form of application. An application for motor carrier
registration must be filed with the department's Motor Carrier Division
and must be in the form prescribed by the director and must contain,
at a minimum, the following information.
(1) USDOT number. A valid USDOT number.
(2) Business or trade name. The applicant must designate
the business or trade name of the motor carrier.
(3) Owner name. If the motor carrier is a sole proprietorship,
the owner must indicate the name and social security number of the
owner. A partnership must indicate the partners' names, and a corporation
or other entity must indicate principal officers and titles.
(4) Physical address of principal place of business.
A motor carrier must disclose the motor carrier's principal business
address. If the mailing address is different from the principal business
address, the mailing address must also be disclosed.
(5) Legal agent.
(A) A Texas-domiciled motor carrier must provide the
name, telephone number, and address of a legal agent for service of
process if the agent is different from the motor carrier.
(B) A motor carrier domiciled outside Texas must provide
the name, telephone number, and Texas address of the legal agent for
service of process.
(C) A legal agent for service of process shall be a
Texas resident, a domestic corporation, or a foreign corporation authorized
to transact business in Texas with a Texas physical address, rather
than a post office box, for service of process.
(6) Description of vehicles. An application must include
a motor carrier equipment report identifying each commercial motor
vehicle that requires registration and that the carrier proposes to
operate. Each commercial motor vehicle must be identified by its motor
vehicle identification number, make, model year, and type of cargo
and by the unit number assigned to the commercial motor vehicle by
the motor carrier. Any subsequent registration of vehicles must be
made under subsection (e) of this section.
(7) Type of motor carrier operations. An applicant
must state if the applicant:
(A) proposes to transport passengers, household goods,
or hazardous materials; or
(B) is domiciled in a foreign country.
(8) Insurance coverage. An applicant must indicate
insurance coverage as required by §218.16 of this title (relating
to Insurance Requirements).
(9) Safety certification. Each motor carrier must complete,
as part of the application, a certification stating that the motor
carrier knows and will conduct operations in accordance with all federal
and state safety regulations.
(10) Drug-testing certification. Each motor carrier
must certify, as part of the application, that the motor carrier is
in compliance with the drug-testing requirements of 49 C.F.R. Part
382. If the motor carrier belongs to a consortium, as defined by 49
C.F.R. Part 382, the applicant must provide the names of the persons
operating the consortium.
(11) Duration of registration.
(A) An applicant must indicate the duration of the
desired registration. Except as provided otherwise in this section,
registration may be for seven calendar days, 90 calendar days, one
year, or two years. The duration of registration chosen by the applicant
will be applied to all vehicles.
(i) Household goods carriers may not obtain seven-day
or 90-day certificates of registration.
(ii) Motor carriers that transport passengers in a
commercial motor vehicle as defined by §218.2(8)(A)(ii) of this
title (relating to Definitions) may not obtain seven-day or 90-day
certificates of registration, unless approved by the director.
(B) Interstate motor carriers that operate in intrastate
commerce and meet the requirements under §218.14(c) of this title
(relating to Expiration and Renewal of Commercial Motor Vehicles Registration)
are not required to renew a certificate of registration issued under
this section.
(12) Additional requirements. The following fees, documents,
and information must be submitted with all applications.
(A) An application must be accompanied by an application
fee of:
(i) $100 for annual and biennial registrations;
(ii) $25 for 90-day registrations; or
(iii) $5 for seven-day registrations.
(B) An application must be accompanied by a vehicle
registration fee of:
(i) $10 for each vehicle that the motor carrier proposes
to operate under a seven-day, 90-day, or annual registration; or
(ii) $20 for each vehicle that the motor carrier proposes
to operate under a biennial registration.
(C) An application must be accompanied by proof of
insurance or financial responsibility and insurance filing fee as
required by §218.16.
(D) An application must include the applicant's business
telephone number, email address, and any cell phone number.
(E) An application must include the completed New Applicant
Questionnaire.
(F) An application submitted by an individual must
include the number from one of the following forms of identification,
as well as a copy of the identification document:
(i) an unexpired driver's license issued by a state
or territory of the United States. If the driver's license was issued
by the Department of Public Safety, the application must also include
the audit number listed on the driver's license;
(ii) an unexpired identification certificate issued
by a state or territory of the United States; or
(iii) an unexpired concealed handgun license or license
to carry a handgun issued by the Department of Public Safety under
Government Code, Chapter 411, Subchapter H.
(G) An application submitted by an individual or entity
with an assumed name must be accompanied by supporting documents regarding
the assumed name, such as an assumed name filing in the county of
proposed operation.
(H) An application submitted by an entity, such as
a corporation, general partnership, limited liability company, limited
liability corporation, limited partnership, or partnership, must include
the entity's Texas Comptroller's Taxpayer Number or the entity's Federal
Employer Identification Number.
(I) An application must be accompanied by any other
information required by law.
(13) Additional requirements for household goods carriers.
The following information, documents, and certification must be submitted
with all applications by household goods carriers:
(A) A copy of the tariff that sets out the maximum
charges for transportation of household goods, or a copy of the tariff
governing interstate transportation services. If an applicant is governed
by a tariff that its association has already filed with the department
under §218.65 of this title (relating to Tariff Registration),
the applicant complies with the requirement in this subparagraph by
checking the applicable box on the application to identify the association's
tariff.
(B) If the motor vehicle is not titled in the name
of the household goods carrier, the following lease information and
documentation, notwithstanding §218.18(a) of this title (relating
to Short-term Lease and Substitute Vehicles):
(i) a copy of a valid lease agreement for each motor
vehicle that the household goods carrier will operate; and
(ii) the name of the lessor and their USDOT number
for each motor vehicle leased to the household goods carrier under
a short-term lease.
(C) A certification that the household goods carrier
has procedures that comply with Code of Criminal Procedure, Article
62.063(b)(3), which prohibits certain people who are required to register
as a sex offender from providing moving services in the residence
of another person without supervision.
(14) Additional requirements for passenger carriers.
The following information and documents must be submitted with all
applications for motor carriers that transport passengers in a commercial
motor vehicle as defined by §218.2(8)(A)(ii) of this title:
(A) If the commercial motor vehicle is titled in the
name of the motor carrier, a copy of the International Registration
Plan registration receipt or a copy of the front and back of the title
for each commercial motor vehicle; or
(B) If the commercial motor vehicle is not titled in
the name of the motor carrier, the following lease information and
documentation, notwithstanding §218.18(a) of this title:
(i) A copy of a valid lease agreement for each commercial
motor vehicle; and
Cont'd... |
