| (a) A person who operates a transport equipped with
LP-gas cargo tanks or any container delivery unit, regardless of who
owns the transport or unit, shall register such transport or unit
with AFS in the name or names under which the operator conducts business
in Texas prior to the unit being used in LP-gas service.
(1) To register a cargo tank unit previously unregistered
in Texas, the operator of the unit shall:
(A) pay to AFS the $270 registration fee for each bobtail
truck, semitrailer, or other motor vehicle equipped with LP-gas cargo
tanks;
(B) file a properly completed LPG Form 7;
(C) file a copy of the Manufacturer's Data Report;
(D) file a copy of the DOT Certificate of Compliance;
and
(E) file a copy of the hydrostatic or pneumatic test
required by §9.208 of this title (relating to Testing Requirements),
unless the unit was manufactured within the previous five years or
10 years for units which meet the exemption in 49 CFR 180.407(c).
(2) To register a container delivery unit previously
unregistered in Texas, the operator of the unit shall:
(A) pay to AFS the $270 registration fee for each container
delivery unit; and
(B) file a properly completed LPG Form 7A.
(3) To register a bobtail truck, semitrailer, container
delivery unit, or other motor vehicle equipped with LP-gas cargo tanks
which was previously registered in Texas but for which the registration
has expired, the operator of the unit shall:
(A) pay to AFS the $270 registration fee;
(B) file a properly completed LPG Form 7 for cargo
tanks or LPG Form 7A for container delivery units; and
(C) for cargo tanks, file a copy of the latest test
results if an expired unit has not been used in the transportation
of LP-gas for over one year or if a current hydrostatic test has not
been filed with AFS.
(4) To re-register a currently registered unit, the
licensee operating the unit shall pay a $270 annual registration fee.
(5) To transfer a currently registered unit, the new
operator of the unit shall:
(A) pay the $100 transfer fee for each unit; and
(B) file a properly completed LPG Form 7T.
(b) AFS may also request that an operator registering
or transferring any unit have the unit tested by a test other than
those required by §9.208 of this title.
(c) When all registration or transfer requirements
have been met, AFS shall issue LPG Form 4 which shall be properly
affixed in accordance with the placement instructions on the form.
LPG Form 4 shall authorize the licensee or ultimate consumer to whom
it has been issued and no other person to operate such unit in the
transportation of LP-gas and to fill the transport containers.
(1) A person shall not operate an LP-gas transport
unit or container delivery unit in Texas unless the LPG Form 4 has
been properly affixed or unless its operation has been specifically
approved by AFS.
(2) A person shall not introduce LP-gas into a transport
container unless that unit bears an LPG Form 4 or unless specifically
approved by AFS.
(3) LPG Form 4 shall not be transferable by the person
to whom it has been issued, but shall be registered by any subsequent
licensee or ultimate consumer prior to the unit being placed into
LP-gas service.
(4) This subsection shall not apply to:
(A) a container manufacturer/fabricator who introduces
a reasonable amount of LP-gas into a newly constructed container in
order to properly test the vessel, piping system, and appurtenances
prior to the initial sale of the container. The liquid LP-gas shall
be removed from the transport container prior to the unit leaving
the container manufacturer/fabricator's premises; or
(B) a person who introduces a maximum of 150 gallons
of LP-gas into a newly constructed transport container when such container
will provide the motor fuel to the chassis engine for the purpose
of allowing the unit to reach its destination.
(5) AFS shall not issue an LPG Form 4 if:
(A) AFS or a Category A, B, or O licensee determines
that the transport is unsafe for LP-gas service;
(B) AFS does not have an inspection record of the transport
or cylinder delivery unit by a Commission representative within four
years of its initial registration; or
(C) AFS has not inspected the transport or cylinder
delivery unit at least once every four years after the initial registration.
(6) If an LPG Form 4 decal on a unit currently registered
with AFS is destroyed, lost, or damaged, the operator of that vehicle
shall obtain a replacement decal by filing LPG Form 18B and a $50
replacement fee with AFS.
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| Source Note: The provisions of this §9.202 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
