| (5) Drivers of vehicles operating in intrastate transportation
claiming the 150 air-mile radius exemption in paragraph (4) of this
subsection must return to the work reporting location; be released
from work within 12 consecutive hours; and have at least 8 consecutive
hours off-duty separating each 12 hours on-duty.
(6) The provisions of Title 49, Code of Federal Regulations, §391.11(b)(1)
shall not apply to intrastate commerce. The minimum age for an intrastate
driver shall be 18 years of age. Intrastate drivers in violation of
this paragraph shall be placed out-of-service until no longer in violation.
(7) The provisions of Title 49, Code of Federal Regulations, §391.11(b)(2)
shall not apply to intrastate commerce. An intrastate driver must
have successfully passed the examination for a Texas Commercial Driver's
License and be a minimum age of 18 years old.
(8) Texas Transportation Code, §547.401 and §547.404,
concerning brakes on trailers weighing 15,000 pounds gross weight
or less take precedence over the brake requirements in the federal
regulations for trailers of this gross weight specification unless
the vehicle is required to meet the requirements of Federal Motor
Vehicle Safety Standard No. 121 (Title 49, Code of Federal Regulations §571.121)
applicable to the vehicle at the time it was manufactured.
(9) Title 49, Code of Federal Regulations, §390.23
(Relief from Regulations), is adopted for intrastate motor carriers
with the exceptions detailed in subparagraph (A) and subparagraph
(B) of this paragraph:
(A) Title 49, Code of Federal Regulations, §390.23(a)(2)
is not applicable to intrastate motor carriers making emergency residential
deliveries of heating fuels or responding to a pipeline emergency,
provided the carrier:
(i) documents the type of emergency, the duration of
the emergency, and the drivers utilized; and
(ii) maintains the documentation on file for a minimum
of six months. An emergency under this paragraph is one that if left
unattended would result in immediate serious bodily harm, death or
substantial property damage but does not include routine requests
to refill empty propane gas tanks.
(B) The requirements of Title 49, Code of Federal Regulations, §390.23(c)(1)
and (2), for intrastate motor carriers shall be:
(i) the driver has met the requirements of Texas Transportation
Code, Chapter 644; and
(ii) the driver has had at least eight consecutive
hours off-duty when the driver has been on duty for 15 or more consecutive
hours, or the driver has had at least 34 consecutive hours off duty
when the driver has been on duty for more than 70 hours in seven consecutive
days.
(10) The provisions of Title 49, Code of Federal Regulations,
Part 380 (Subparts A - D) shall not apply to intrastate motor carriers
and drivers. Title 49, Code of Federal Regulations, Part 380 (Subpart
E) is adopted for intrastate motor carriers and drivers. Intrastate
motor carriers and drivers must complete the requirements of Title
49, Code of Federal Regulations, §380.500 on or before July 31,
2005.
(11) In accordance with §4132 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETA-LU) (Pub. L. 109-59), the hours of service regulations in
this subchapter are not applicable to utility service vehicles that
operate in either interstate or intrastate commerce. Utility service
vehicles are those vehicles operated by public utilities, as defined
in the Public Utility Regulatory Act, the Gas Utility Regulatory Act,
the Texas Water Code, Title 49, Code of Federal Regulations, §395.2,
or other applicable regulations, and charged with the responsibility
for maintaining essential services to the public to protect health
and safety.
(12) The United States Department of Transportation
number requirements in Texas Transportation Code, Chapter 643 do not
apply to vehicles/motor carriers operating exclusively in intrastate
commerce and that are exempted from the requirements by Texas Transportation
Code, §643.002.
|
| Source Note: The provisions of this §4.12 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 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 August 16, 2007, 32 TexReg 5034; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective December 16, 2013, 38 TexReg9063; amended to be effective September 28, 2016, 41 TexReg 7511; amended to be effective March 20, 2017, 42 TexReg 1256; amended to be effective October 16, 2018, 43 TexReg 6846; amended to be effective April 1, 2020, 45 TexReg 2208 |
