| (B) The weight of a vehicle cannot be lowered below
the weight indicated on a Manufacturer's Certificate of Origin unless
a corrected Manufacturer's Certificate of Origin is obtained.
(C) In all cases where the department questions the
empty weight of a particular vehicle, the applicant should present
a weight certificate from a public weight scale or the Department
of Public Safety.
(3) Gross weight.
(A) Determination of Weight. The combined gross weight
of vehicles registering for combination license plates shall be determined
by the empty weight of the truck or truck-tractor combined with the
empty weight of the heaviest semitrailer or semitrailers used or to
be used in combination therewith, plus the heaviest net load to be
carried on such combination during the motor vehicle registration
year, provided that in no case may the combined gross weight be less
than 18,000 pounds.
(B) Restrictions. The following restrictions apply
to combined gross weights.
(i) After a truck or truck-tractor is registered for
a combined gross weight, such weight cannot be lowered at any subsequent
date during the registration year. The owner may, however, lower the
gross weight when registering the vehicle for the following registration
year, provided that the registered combined gross weight is sufficient
to cover the heaviest load to be transported during the year and provided
that the combined gross weight is not less than 18,000 pounds.
(ii) A combination of vehicles is restricted to a total
gross weight not to exceed 80,000 pounds; however, all combinations
may not qualify for 80,000 pounds unless such weight can be properly
distributed in accordance with axle load limitations, and distance
between axles, in accordance with Transportation Code, §623.011.
(4) Vehicle identification number or serial number.
Ownership must be established by a court order if no vehicle identification
number or serial number can be identified. Once ownership has been
established, the department will assign a number upon payment of the
fee.
(5) Accompanying documentation. Unless otherwise exempted
by law, completed applications for commercial license plates shall
be accompanied by:
(A) prescribed registration fees;
(B) prescribed local fees or other fees that are collected
in conjunction with registering a vehicle;
(C) evidence of financial responsibility as required
by Transportation Code, §502.046 if the applicant is a motor
carrier as defined by §218.2 of this title (relating to Definitions),
proof of financial responsibility may be in the form of a registration
listing or an international stamp indicating that the vehicle is registered
in compliance with Chapter 218, Subchapter B of this title (relating
to Motor Carrier Registration);
(D) an application for Texas Title in accordance with
Subchapter A of this chapter, or other proof of ownership;
(E) proof of payment of the Federal Heavy Vehicle Use
Tax, if applicable;
(F) an original or certified copy of the current permit
issued in accordance with Occupations Code, Chapter 2308, Subchapter
C, if application is being made for Tow Truck license plates; and
(G) other documents or fees required by law.
(6) Proof of payment required. Proof of payment of
the Federal Heavy Vehicle Use Tax is required for vehicles with a
gross registration weight of 55,000 pounds or more, or in cases where
the vehicle's gross weight is voluntarily increased to 55,000 pounds
or more. Proof of payment shall consist of an original or photocopy
of the Schedule 1 portion of Form 2290 receipted by the Internal Revenue
Service (IRS), or a copy of the Form 2290 with Schedule 1 attached
as filed with the IRS, along with a photocopy of the front and back
of the canceled check covering the payment to the IRS.
(7) Proof of payment not required. Proof of payment
of the Federal Heavy Vehicle Use Tax is not required:
(A) for new vehicles when an application for title
and registration is supported by a Manufacturer's Certificate of Origin;
(B) on used vehicles when an application for title
and registration is filed within 60 days from the date of transfer
to the applicant as reflected on the assigned title, except that proof
of payment will be required when an application for Texas title and
registration is accompanied by an out-of-state title that is recorded
in the name of the applicant;
(C) when a vehicle was previously wrecked, in storage,
or otherwise out of service and, therefore, not registered or operated
during the current registration year or during the current tax year,
provided that a non-use affidavit is signed by the operator; and
(D) as a prerequisite to registration of vehicles apprehended
for operating without registration or reciprocity or when an owner
or operator purchases temporary operating permits or additional weight.
(d) Renewal of commercial license plates.
(1) Registration period. The department will establish
the registration period for commercial vehicles, unless specified
by statute. Commercial license plates are issued for established annual
registration periods as follows.
(A) March expiration. If a fleet under §217.54
of this title (relating to Registration of Fleet Vehicles) contains
a vehicle with a combination license plate, the established annual
registration period for the fleet is April 1st through March 31st.
(B) Five-year registration with March 31st expiration.
The following license plates are available with a five-year registration
period. Registration fees for the license plates listed below may
be paid on an annual basis, or may be paid up front for the entire
five-year period:
(i) Five-year Rental Trailer license plates issued
for rental trailers that are part of a rental fleet; and
(ii) Five-year Token Trailer license plates, available
to owners of semitrailers to be used in combination with truck-tractors
displaying Apportioned or Combination license plates.
(2) Registration Renewal Notice. The department will
send a registration renewal notice, indicating the proper registration
fee and the month and year the registration expires, to each vehicle
owner approximately six to eight weeks prior to the expiration of
the vehicle's registration.
(3) Return of registration renewal notices. Except
for authorized online renewals, registration renewal notices should
be returned by the vehicle owner to the department or the appropriate
county tax assessor-collector, as indicated on the registration renewal
notice. Unless otherwise exempted by law, registration renewal notices
may be returned either in person or by mail, and shall be accompanied
by:
(A) statutorily prescribed registration renewal fees;
(B) prescribed local fees or other fees that are collected
in conjunction with registration renewal;
(C) evidence of financial responsibility as required
by Transportation Code, §502.046; and
(D) other prescribed documents or fees.
(4) Lost or destroyed registration renewal notice.
If a registration renewal notice is lost, destroyed, or not received
by the vehicle owner, the vehicle may be registered if the owner presents
personal identification acceptable to the county tax assessor-collector.
Failure to receive the notice does not relieve the owner of the responsibility
to renew the vehicle's registration.
(e) Transfer of commercial vehicle license plates.
(1) Transfer between persons. With the exceptions noted
in paragraph (3) of this subsection, when ownership of a vehicle displaying
commercial vehicle license plates is transferred, application for
transfer of such license plates shall be made with the county tax
assessor-collector in the county in which the purchaser resides or
a county tax assessor-collector who is willing to accept the application.
If the purchaser does not intend to use the vehicle in a manner that
would qualify it for the license plates issued to that vehicle, such
plates must be exchanged for the appropriate license plates.
(2) Transfer between vehicles. Commercial vehicle license
plates are non-transferable between vehicles.
(3) Transfer of Apportioned and Tow Truck license plates.
Apportioned and Tow Truck license plates are non-transferable between
persons or vehicles, and become void if the vehicle to which the license
plates were issued is sold.
(f) Replacement of lost, stolen, or mutilated commercial
vehicle license plates. An owner of lost, stolen, or mutilated commercial
vehicle license plates may obtain replacement license plates by filing
an Application for Replacement Plates and remitting the prescribed
fee to the county tax assessor-collector or from the department.
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| Source Note: The provisions of this §217.46 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766; amended to be effective March 4, 2018, 43 TexReg 1281; amended to be effective March 1, 2020, 45 TexReg 1228; amended to be effective March 1, 2022, 47 TexReg 968 |
