| (32) Not-to-exceed proposal--A formal written offer
stating the maximum price a shipper can be required to pay for the
transportation of specified household goods and any related services.
The offer may also state the non-binding approximate price. Any offer
based on hourly rates must state the maximum number of hours required
for the transportation and related services unless there is an acknowledgment
from the shipper that the number of hours is not necessary.
(33) Principal place of business--A single location
that serves as a motor carrier's headquarters and where it maintains
its operational records or can make them available.
(34) Print advertisement--A written, graphic, or pictorial
statement or representation made in the course of soliciting intrastate
household goods transportation services, including, without limitation,
a statement or representation made in or contained in a newspaper,
magazine, circular, or other publication. The term does not include
direct communication between a household goods carrier or carrier's
representative and a prospective shipper, and does not include the
following:
(A) promotional items of nominal value such as ball
caps, tee shirts, and pens;
(B) business cards;
(C) Internet websites;
(D) listings not paid for by the household goods carrier
or its household goods carrier's agent; and
(E) listings of a household goods carrier's business
name or assumed name as it appears on the motor carrier certificate
of registration, and the household goods carrier's address, and contact
information in a directory or similar publication.
(35) Public highway--Any publicly owned and maintained
street, road, or highway in this state.
(36) Reasonable dispatch--The performance of transportation,
other than transportation provided under guaranteed service dates,
during the period of time agreed on by the carrier and the shipper
and shown on the shipment documentation. This definition does not
affect the availability to the carrier of the defense of force majeure.
(37) Replacement vehicle--A vehicle that takes the
place of another vehicle that has been removed from service.
(38) Revocation--The withdrawal of registration and
privileges by the department or a registration state.
(39) Shipper--The owner of household goods or the owner's
representative.
(40) Short-term lease--A lease of 30 days or less.
(41) SOAH--The State Office of Administrative Hearings.
(42) Substitute vehicle--A vehicle that is leased from
a leasing business and that is used as a temporary replacement for
a vehicle that has been taken out of service for maintenance, repair,
or any other reason causing the temporary unavailability of the permanent
vehicle.
(43) Suspension--Temporary removal of privileges granted
to a registrant by the department or a registration state.
(44) Unified Carrier Registration System or UCR--A
motor vehicle registration system established under 49 U.S.C. §14504a
or a successor federal registration program.
(45) USDOT--United States Department of Transportation.
(46) USDOT number--An identification number issued
by or under the authority of the FMCSA or its successor.
|
| Source Note: The provisions of this §218.2 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective August 4, 2011, 36 TexReg 4813; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323 |
