| the notice of proposed conditional safety rating, the conditional
safety rating may become final before the department can complete
its review.
(iii) Notice of a proposed unsatisfactory safety rating
shall be sent by certified mail, registered mail, personal delivery,
or another manner of delivery to the motor carrier's last known location,
address, electronic mail address, or facsimile number and will include
a list of those items for which immediate corrective action must be
taken. Within five (5) business days of the expiration of the time
periods set out in paragraph (3)(C) of this subsection, the department
will provide written notification of the final unsatisfactory safety
rating and an order to cease all intrastate transportation, as provided
in Title 49, Code of Federal Regulations, §385.13, by certified
mail, registered mail, personal delivery, or another manner of delivery
to the motor carrier's last known location, address, electronic mail
address, or facsimile number. Electronic mail may be used for safety
rating correspondence. If the motor carrier requests a change of safety
rating or a departmental review more than 15 days after the notice
of proposed unsatisfactory safety rating, the unsatisfactory safety
rating may become final before the department can complete its review.
(iv) A final unsatisfactory safety rating and order
to cease all intrastate transportation, described in clause (iii)
of this subparagraph, will become effective on the date specified
in the notice of proposed safety rating unless extended by the department,
in writing, under subparagraph (G)(v) or (vi) of this paragraph. The
department will make and document reasonable efforts to provide a
copy of the written final unsatisfactory safety rating and order to
cease intrastate transportation to the carrier. However, if the notice
of proposed safety rating was received by the motor carrier and adequately
describes the effective date and consequences of failure to improve
the motor carrier's safety rating, failure of the department to serve
the final unsatisfactory safety rating and order to cease intrastate
transportation will not delay its effective date.
(E) In addition to any criminal penalties provided
by statute, a motor carrier assessed an unsatisfactory safety rating
who continues to operate in violation of the notifications to cease
operations under Title 49, Code of Federal Regulations, §385.13
will be subject to a civil suit filed by the attorney general from
a request from the director of the Texas Department of Public Safety.
Each day of operation constitutes a separate violation.
(F) A request for a change in or a departmental review
of a safety rating must be submitted in writing to: Texas Department
of Public Safety, Manager-Motor Carrier Bureau, P.O. Box 4087, Austin,
Texas 78773-0521. Such request(s) must meet the requirements provided
for in this subsection.
(G) A motor carrier that has taken action to correct
the deficiencies that resulted in a proposed or final rating of "conditional"
or "unsatisfactory" may request a rating change at any time.
(i) The motor carrier must base its request upon evidence
that it has taken corrective actions and that its operations currently
meet the safety standards and factors specified in Title 49 Code of
Federal Regulations, §385.5 and §385.7, and equivalent state
regulations contained in Texas Transportation Code, Chapter 522 and
Chapter 644, and 37 TAC Chapter 4. The request must include a written
description of corrective actions taken, and other documentation the
carrier wishes the department to consider.
(ii) The department will make a final determination
on the request for change based upon the documentation the motor carrier
submits, a follow-up compliance review, and any additional relevant
information. The review will be conducted by the director's designee(s);
the follow-up compliance review will be conducted by a field compliance
review investigator.
(iii) The department will perform reviews of requests
made by motor carriers with a proposed "unsatisfactory" or "conditional"
safety rating in the following time periods after receipt of the motor
carrier's request: within 30 calendar days for motor carriers transporting
passengers in commercial motor vehicles or placardable quantities
of hazardous materials, or within 45 calendar days for all other motor
carriers.
(iv) When a request for a change to a safety rating,
based on corrective actions, is filed before a "conditional" or "unsatisfactory"
safety rating has been final for six (6) months or less, the timeline
in subsection (b)(3)(G)(iii) of this section is applicable for conducting
a follow-up compliance review. All other requests for a change to
a safety rating will be scheduled on a priority basis; however, the
abbreviated timeline for completion as specified in subsection (b)(3)(G)(iii)
is no longer applicable.
(v) The filing of a request for a change to a proposed
or final safety rating under this section does not stay the 45 calendar
day period specified in this subsection for motor carriers transporting
passengers or hazardous materials. If the motor carrier has submitted
evidence that corrective actions have been taken pursuant to the Federal
Motor Carrier Safety Regulations and state regulations and the department
cannot make a final determination within the 45 calendar day period,
the period before the proposed safety rating becomes final may be
extended for up to 30 calendar days at the discretion of the department.
(vi) The department may allow a motor carrier with
a proposed rating of "unsatisfactory" (except those transporting passengers
in commercial motor vehicles or placardable quantities of hazardous
materials) to continue to operate in intrastate commerce for up to
60 calendar days beyond the 60 calendar days specified in the proposed
rating, if the department determines that the motor carrier is making
a good faith effort to improve its safety status. This additional
period would begin on the 61st day after the date of the notice of
the proposed "unsatisfactory" rating.
(vii) If the department determines that the motor carrier
has taken the corrective actions required and that its operations
currently meet the safety standard and factors specified in Title
49, Code of Federal Regulations, §385.5 and §385.7, and
equivalent state regulations contained in Texas Transportation Code,
Chapter 522 and Chapter 644, and 37 TAC Chapter 4, the department
will notify the motor carrier in writing of its upgraded safety rating.
An upgraded safety rating is final upon notification.
(viii) If the department determines that the motor
carrier has not taken all the corrective actions required, or that
its operations still fail to meet the safety standard and factors
specified in Title 49, Code of Federal Regulations, §385.5 and §385.7,
and equivalent state regulations contained in Texas Transportation
Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4, the department
will notify the motor carrier in writing. Any extension of the time
period before an unsatisfactory safety rating becomes effective under
paragraph (3)(G)(iv) or (v) of this subsection will expire upon receipt
of this notice.
(ix) Any motor carrier whose request for change to
a safety rating is denied in accordance with this subsection may request
a departmental review under the procedures of paragraph (3)(H) of
this subsection. The motor carrier must make the request within 90
calendar days of the denial of the request for a rating change. If
the proposed rating has become final, it shall remain in effect during
the period of any departmental review.
(H) A motor carrier may request the department to conduct
a departmental review if it believes the department has committed
an error in assigning its proposed safety rating in accordance with
Title 49, Code of Federal Regulations, §385.15(c), Texas Transportation
Code, Chapter 644, or 37 TAC Chapter 4 or its final safety rating
in accordance with Title 49, Code of Federal Regulations, §385.11(b),
Texas Transportation Code, Chapter 644, or 37 TAC Chapter 4.
(i) The motor carrier's request must explain the error
it believes the department committed in issuing the safety rating.
The motor carrier must include a list of all factual and procedural
issues in dispute, and any information or documents that support its
argument.
(ii) If a motor carrier has received a notice of a
proposed conditional or unsatisfactory safety rating, it should submit
its request within 15 business days from the date of the notice. This
time frame will allow the department to issue a written decision before
the safety rating becomes final and any prohibitions outlined in paragraph
(3)(C) of this subsection take effect. Failure to request within this
15 business day period may prevent the department from issuing a final
decision before such prohibitions take effect.
(iii) The motor carrier must make a request for a departmental
review within 90 calendar days of either the proposed or final safety
rating issued in accordance with this subsection, or within 90 calendar
days after denial of a request for a change in a safety rating in
accordance with paragraph (3)(G) of this subsection.
Cont'd... |
