| (ii) The motor carrier's Texas Department of Motor Vehicles, United States Department of Transportation, or Motor Carrier number, if any; (iii) The amount of delinquent penalty assessment; (iv) The date the Impoundment Order was issued; (v) A contact number for the Motor Carrier Bureau; (vi) Notice that the Impoundment Order will be lifted upon receipt of full payment of the administrative penalty as described in paragraph (5) of this subsection; and, (vii) In bold, conspicuous letters, notice that the carrier is responsible for all costs of storage of the vehicle and its cargo, and towing. (3) Prior to impounding any vehicle, the trooper shall verify the Impoundment Order is still valid. Verification can only be made by the Manager of the Motor Carrier Bureau or the Manager's designee during regular business hours, or via electronic inquiry into the Motor Carrier Bureau's Vehicle Impoundment Database after regular business hours. If a trooper is unable to verify the Impoundment Order is in force, then the vehicle shall not be impounded. (4) Once a vehicle is impounded, the trooper impounding the vehicle shall immediately ensure the motor carrier is notified of impoundment of the vehicle. The trooper will inform the motor carrier of the name, location, and telephone number of the vehicle storage facility where the vehicle is impounded, notice the vehicle will not be released until the administrative penalty has been paid, and a contact number for the Motor Carrier Bureau. When a vehicle is impounded after regular business hours, the trooper will notify the Motor Carrier Bureau as soon as possible but not later than the next regular business day. (5) Release of Impoundment Order and Impounded Vehicles. (A) To cancel the Impoundment Order and to release a vehicle from impoundment, the motor carrier shall pay the administrative penalty in full, including costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state. (B) The payment of the administrative penalty must be for the full amount. The payment must be made by cashier's check or money order payable to the Texas Department of Public Safety. (C) The payment can be made in one of two ways only: (i) by sending it to the following address as indicated: Texas Department of Public Safety, Motor Carrier Bureau, MSC 0522, 6200 Guadalupe, Bldg. P, Austin, Texas 78752-4019, Attn: Accounting Clerk, Impoundment Notice; or (ii) directly to the trooper at the time of the actual impoundment or to any Commercial Vehicle Enforcement employee at any department regional, district or sub-district office. If payment is made on an impounded vehicle after regular business hours, the trooper will notify the Motor Carrier Bureau as soon as possible but not later than the next regular business day. (D) The impounded vehicle will be released and the impoundment order will be cancelled only upon receipt of payment as specified under paragraph (5)(C)(i) or (ii) of this subsection. |
| Source Note: The provisions of this §4.16 adopted to be effective March 9, 2004, 29 TexReg 2376 ; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective February 25, 2010, 35 TexReg 1470 |
