(a)Authority to Enforce. (1) - (2)(No change.) (3)An officer of the department or a non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may prohibit the further operation of a vehicle on a highway or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard [ Uniform] Out-of-Service Criteria as a guideline. (4) - (5)(No change.) (6)A certified peace officer from an authorized municipality or county may prohibit the further operation of a vehicle on a highway or at a port of entry within the municipality or county if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard [Uniform] Out-of-Service Criteria as a guideline. (b)Training and Certification Requirements. (1) - (3)(No change.) (4)Motor Coach. Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce motor coach requirements must: (A) - (B)(No change.) (C)participate in an on-the-job training program following each course with a certified officer and perform a minimum of 24 level I or V [one] inspections. (5) - (6)(No change.) (c)(No change.)
This agency hereby certifies that the proposal has been
reviewed
by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on October 20, 2004
TRD-200406346 Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: December 5, 2004
For further information, please call: (512) 424-2135
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