| (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.
(9) 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.
(10) 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.
(11) 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.
(12) Drivers of vehicles under this section, operating
in intrastate transportation, who encounter adverse driving conditions
and cannot, because of those conditions, safely complete the run within
the maximum driving time or duty time during which driving is permitted
under subsection (a)(2) of this section, may drive and be permitted
or required to drive a commercial motor vehicle for not more than
two additional hours beyond the maximum allowable hours permitted
under subsection (a)(2) of this section to complete that run or to
reach a place offering safety for the occupants of the commercial
motor vehicle and security for the commercial motor vehicle and its
cargo. Adverse driving conditions means snow, sleet, fog, or other
adverse weather conditions, a highway covered with snow or ice, or
unusual road and traffic conditions, none of which were apparent on
the basis of information known to the driver immediately prior to
beginning the duty day or immediately before beginning driving after
a qualifying rest break or sleeper berth period, or a motor carrier
immediately prior to dispatching the driver.
|
| 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; amended to be effective October 13, 2020, 45 TexReg 7271; amended to be effective January 8, 2023, 48 TexReg 51 |
