| (a) All commercial motor vehicles registered in this
state shall be required to pass an annual inspection of all safety
equipment required by the Federal Motor Carrier Safety Regulations
on or before the expiration of the current state inspection or vehicle
inspection report.
(b) All commercial motor vehicles required to be inspected
under the Federal Motor Carrier Safety Regulations are also subject
to the regular state inspection requirements as provided in Texas
Transportation Code, Chapter 548.
(c) Effective March 1, 2015, the fee charged for commercial
motor vehicle inspections may not exceed the amounts set by Texas
Transportation Code, Chapter 548, and other statutorily mandated inspection
fees. Fees will be collected in accordance with Texas Transportation
Code, §548.504 and §548.509. A unique vehicle inspection
report will be issued by certified vehicle inspection stations to
designate that the vehicle has met the Federal Motor Carrier Safety
Regulations and state inspection requirements.
(d) The commercial motor vehicle's vehicle inspection
report will expire on the last day of the month and year following
the date of issuance.
(e) Except for any appropriate grace period, a person
may not operate a commercial motor vehicle registered in this state
unless it is equipped, as required by the Federal Motor Carrier Safety
Regulations, and the operator possesses a valid commercial motor vehicle
inspection report.
(f) For purposes of the Commercial Motor Vehicle Compulsory
Inspection Program, the term "commercial motor vehicle" means a self-propelled
or towed vehicle used on a public highway to transport passengers
or property if:
(1) the vehicle or combination of vehicles has a gross
weight, registered weight, or gross weight rating of more than 26,000
pounds;
(2) the vehicle is a farm vehicle with a gross weight,
a registered weight, or a gross weight rating of 48,000 pounds or
more;
(3) the vehicle is designed or used to transport more
than 15 passengers, including the driver;
(4) the vehicle is used in the transportation of hazardous
materials in a quantity requiring placarding as required under the
federal Hazardous Materials Transportation Act (49 U.S.C. §5101
et seq.);
(5) the vehicle or combination of vehicles has a gross
weight rating of more than 10,000 pounds and is operated in interstate
commerce and registered in this state;
(6) the vehicle is a school bus that will operate at
a speed authorized by Texas Transportation Code, §545.352(b)(A);
or
(7) the vehicle is a school activity bus, as defined
in Texas Transportation Code, §541.201, that has a gross weight,
registered weight, or gross weight rating of more than 26,000 pounds,
or is designed or used to transport more than 15 passengers, including
the driver.
(g) Exceptions to the commercial motor vehicle safety
inspection program are:
(1) all school bus operations used to transport only
children and/or school personnel from home to school and school to
home, except that contract school buses used for any purpose other
than transporting children to and from school only are not exempt;
(2) transportation performed by the federal government,
state, or any political subdivision of a state or an agency established
under a compact between states that has been approved by the Congress
of the United States;
(3) the occasional transportation of personal property
by individuals not for compensation or in the furtherance of a commercial
enterprise;
(4) the transportation of human corpses or sick or
injured persons;
(5) the operation of fire trucks and rescue vehicles
while involved in emergency and related operations;
(6) farm vehicles with a gross weight, registered weight,
or gross weight rating less than 48,000 pounds (except interstate
operation of more than 10,000 pounds); and
(7) covered farm vehicles as defined in Title 49, Code
of Federal Regulation, Part 390.5.
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| Source Note: The provisions of this §4.36 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective June 13, 2005, 30 TexReg 3430; amended to be effective June 8, 2006, 31 TexReg 4658; amended to be effective February 12, 2015, 40 TexReg 609 |
