| (ii) The name of the lessor and their USDOT number
for each commercial motor vehicles leased to the motor carrier under
a short-term lease.
(b) Conditional acceptance of application. If an application
has been conditionally accepted by the director pursuant to Transportation
Code, §643.055, the applicant may not operate the following until
the department has issued a certificate under Transportation Code, §643.054:
(1) a commercial motor vehicle or any other motor vehicle
to transport household goods for compensation, or
(2) a commercial motor vehicle to transport persons
or cargo.
(c) Approved application. An applicant meeting the
requirements of this section and whose registration is approved will
be issued the following documents:
(1) Certificate of registration. The department will
issue a certificate of registration. The certificate of registration
will contain the name and address of the motor carrier and a single
registration number, regardless of the number of vehicles requiring
registration that the carrier operates.
(2) Insurance cab card. The department will issue an
insurance cab card listing all vehicles to be operated under the carrier's
certificate of registration. The insurance cab card shall be continuously
maintained at the registrant's principal place of business. The insurance
cab card will be valid for the same period as the motor carrier's
certificate of registration and will contain information regarding
each vehicle registered by the motor carrier.
(A) A current copy of the page of the insurance cab
card on which the vehicle is shown shall be maintained in each vehicle
listed, unless the motor carrier chooses to maintain a legible and
accurate image of the insurance cab card on a wireless communication
device in the vehicle or chooses to display such information on a
wireless communication device by accessing the department's online
system from the vehicle. The appropriate information concerning that
vehicle shall be highlighted if the motor carrier chooses to maintain
a hard copy of the insurance cab card or chooses to display an image
of the insurance cab card on a wireless communication device in the
vehicle. The insurance cab card or the display of such information
on a wireless communications device will serve as proof of insurance
as long as the motor carrier has continuous insurance or financial
responsibility on file with the department.
(B) On demand by a department investigator or any other
authorized government personnel, the driver shall present the highlighted
page of the insurance cab card that is maintained in the vehicle or
that is displayed on a wireless communication device in the vehicle.
If the motor carrier chooses to display the information on a wireless
communication device by accessing the department's online system,
the driver must locate the vehicle in the department's online system
upon request by the department-certified inspector or other authorized
government personnel.
(C) The motor carrier shall notify the department in
writing if it discontinues use of a registered commercial motor vehicle
before the expiration of its insurance cab card.
(D) Any erasure or alteration of an insurance cab card
that the department printed out for the motor carrier renders it void.
(E) If an insurance cab card is lost, stolen, destroyed,
or mutilated; if it becomes illegible; or if it otherwise needs to
be replaced, the department will print out a new insurance cab card
at the request of the motor carrier. Motor carriers are authorized
to print out a copy of a new insurance cab card using the department's
online system.
(F) The department is not responsible for a motor carrier's
inability to access the insurance information using the department's
online system.
(G) The display of an image of the insurance cab card
or the display of insurance information from the department's online
system via a wireless communication device by the motor carrier does
not constitute effective consent for a law enforcement officer, the
department investigator, or any other person to access any other content
of the wireless communication device.
(d) Additional and replacement vehicles. A motor carrier
required to obtain a certificate of registration under this section
shall not operate additional vehicles unless the carrier identifies
the vehicles on a form prescribed by the director and pays applicable
fees as described in this subsection.
(1) Additional vehicles. To add a vehicle, a motor
carrier must pay a fee of $10 for each additional vehicle that the
motor carrier proposes to operate under a seven-day, 90-day, or annual
registration. To add a vehicle during the first year of a biennial
registration, a motor carrier must pay a fee of $20 for each vehicle.
To add a vehicle during the second year of a biennial registration,
a motor carrier must pay a fee of $10 for each vehicle.
(2) Replacement vehicles. No fee is required for a
vehicle that is replacing a vehicle for which the fee was previously
paid. Before the replacement vehicle is put into operation, the motor
carrier shall notify the department, identify the vehicle being taken
out of service, and identify the replacement vehicle on a form prescribed
by the department. A motor carrier registered under seven-day registration
may not replace vehicles.
(e) Supplement to original application. A motor carrier
required to register under this section shall submit a supplemental
application under the following circumstances.
(1) Change of cargo. A registered motor carrier may
not begin transporting household goods or hazardous materials unless
the carrier submits a supplemental application to the department and
shows the department evidence of insurance or financial responsibility
in the amounts specified by §218.16.
(2) Change of name. A motor carrier that changes its
name shall file a supplemental application for registration no later
than the effective date of the change. The motor carrier shall include
evidence of insurance or financial responsibility in the new name
and in the amounts specified by §218.16. A motor carrier that
is a corporation must have its name change approved by the Texas Secretary
of State before filing a supplemental application. A motor carrier
incorporated outside the state of Texas must complete the name change
under the law of its state of incorporation before filing a supplemental
application.
(3) Change of address or legal agent for service of
process. A motor carrier shall file a supplemental application for
any change of address or any change of its legal agent for service
of process no later than the effective date of the change. The address
most recently filed will be presumed conclusively to be the current
address.
(4) Change in principal officers and titles. A motor
carrier that is a corporation shall file a supplemental application
for any change in the principal officers and titles no later than
the effective date of the change.
(5) Conversion of corporate structure. A motor carrier
that has successfully completed a corporate conversion involving a
change in the name of the corporation shall file a supplemental application
for registration and evidence of insurance or financial responsibility
reflecting the new company name. The conversion must be approved by
the Office of the Secretary of State before the supplemental application
is filed.
(6) Change in drug-testing consortium status. A motor
carrier that changes consortium status shall file a supplemental application
that includes the names of the persons operating the consortium.
(7) Retaining a revoked or suspended certificate of
registration number. A motor carrier may retain a prior certificate
of registration number by:
(A) filing a supplemental application to re-register
instead of filing an original application; and
(B) providing adequate evidence that the carrier has
satisfactorily resolved the facts that gave rise to the suspension
or revocation.
(f) Change of ownership. A motor carrier must file
an original application for registration when there is a corporate
merger or a change in the ownership of a sole proprietorship or of
a partnership.
(g) Alternative vehicle registration for household
goods agents. To avoid multiple registrations of a commercial motor
vehicle, a household goods agent's vehicles may be registered under
the motor carrier's certificate of registration under this subsection.
(1) The carrier must notify the department on a form
approved by the director of its intent to register its agent's vehicles
under this subsection.
(2) When a carrier registers vehicles under this subsection,
the carrier's certificate will include all vehicles registered under
its agent's certificates of registration. The carrier must register
under its certificate of registration all vehicles operated on its
behalf that do not appear on its agent's certificate of registration.
Cont'd... |
