| (a) The director of the Texas Department of Public
Safety incorporates, by reference, the Federal Hazardous Materials
Regulations, Title 49, Code of Federal Regulations, Parts 107 (Subpart
G), 171 - 173, 177, 178, 179 (Subpart E), and 180, including all interpretations
thereto, for commercial vehicles operated in intrastate, interstate,
or foreign commerce, as amended through January 1, 2018. All other
references in this section to the Code of Federal Regulations also
refer to amendments and interpretations issued through January 1,
2018.
(b) Explanations and Exceptions.
(1) Certain terms when used in the federal regulations
as adopted in subsection (a) of this section will be defined as follows:
(A) the definition of motor carrier will be the same
as that given in Texas Transportation Code, §643.001(6);
(B) hazardous material shipper means a consignor, consignee,
or beneficial owner of a shipment of hazardous materials;
(C) interstate or foreign commerce will include all
movements by commercial motor vehicle, both interstate and intrastate,
over the streets and highways of this state;
(D) department means the Texas Department of Public
Safety;
(E) FMCSA field administrator, as used in the federal
motor carrier safety regulations, means the director of the Texas
Department of Public Safety or the designee of the director for vehicles
operating in intrastate commerce;
(F) farm vehicle means any vehicle or combination of
vehicles controlled and/or operated by a farmer or rancher being used
to transport agriculture products, farm machinery, and farm supplies
to or from a farm or ranch; and
(G) private carrier means any person not included in
the terms "common carrier by motor vehicle" or "contract carrier by
motor vehicle" who transports by commercial motor vehicle property
of which the person is the owner, lessee, or bailee, when such transportation
is for the purpose of sale, lease, rent or bailment, or in furtherance
of commerce.
(2) All references in Title 49, Code of Federal Regulations,
Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and 180
made to other modes of transportation, other than by motor vehicles
operated on streets and highways of this state, will be excluded and
not adopted by this department.
(3) Regulations adopted by this department, including
the federal motor carrier safety regulations, will apply to farm tank
trailers used exclusively to transport anhydrous ammonia from the
dealer to the farm. The usage of non-specification farm tank trailers
by motor carriers to transport anhydrous ammonia must be in compliance
with Title 49, Code of Federal Regulations, §173.315(m).
(4) The reporting of hazardous material incidents as
required by Title 49, Code of Federal Regulations, §171.15 and
§171.16 for shipments of hazardous materials by highway is adopted
by the department.
(5) Regulations adopted by this department, including
the federal motor carrier safety regulations, will apply to an intrastate
motor carrier transporting a flammable liquid petroleum product in
a cargo tank. The usage of non-specification cargo tanks by motor
carriers for the intrastate transportation of flammable liquid petroleum
products must be in compliance with Title 49, Code of Federal Regulations,
§173.8.
(6) Regulations and exceptions adopted herein are applicable
to all drivers and vehicles transporting hazardous materials in interstate,
foreign, or intrastate commerce.
(7) Nothing in this section shall be construed to prohibit
an employer from requiring and enforcing more stringent requirements
relating to safety of operation and employee safety and health.
(8) Penalties assessed for violations of the regulations
adopted herein will be based upon the provisions of Texas Transportation
Code, Chapter 644, and §4.16 of this title (relating to Administrative
Penalties, Payment, Collection and Settlement of Penalties).
(9) A peace officer certified, in accordance with §4.13
of this title (relating to Authority to Enforce, Training and Certificate
Requirements), to enforce the Federal Hazardous Material Regulations,
as adopted in this section, may declare a vehicle out-of-service using
the North American Standard Hazardous Materials Out-of-Service Criteria
as a guideline.
|
| Source Note: The provisions of this §4.1 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 May 22, 2005, 30 TexReg 3030; amended to be effective September 22, 2005, 30 TexReg 6064; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4441; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective April 30, 2007,32TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5033; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective December 10, 2008, 33 TexReg 10048; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective November 8, 2010, 35 TexReg 9918; amended to be effective May 10, 2011, 36 TexReg 2994; amended to be effective June 26, 2012, 37 TexReg 4601; amended to be effective July 6, 2014, 39 TexReg 5190; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective May 9, 2016, 41 TexReg 3314; amended to be effective January 9, 2018, 43 TexReg 95 |
