(a)General. The director of the Texas Department of Public Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387, 390 - 393, and 395 - 397 including all interpretations thereto, as amended through October [July] 1, 2005. All other references in this subchapter to the Code of Federal Regulations also refer to amendments and interpretations issued through October [July] 1, 2005. The rules adopted herein are to ensure that: (1)a commercial motor vehicle is safely maintained, equipped, loaded, and operated; (2)the responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely; (3)the physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely; and, (4)the minimum levels of financial responsibility required to be maintained by motor carriers of property or passengers operating commercial motor vehicles in interstate, foreign, or intrastate commerce. (b)Terms. Certain terms, when used in the federal regulations as adopted in subsection (a) of this section, will be defined as follows: (1)the definition of motor carrier will be the same as that given in Texas Transportation Code, §643.001(6); (2)hazardous material shipper means a consignor, consignee, or beneficial owner of a shipment of hazardous materials; (3)interstate or foreign commerce will include all movements by motor vehicle, both interstate and intrastate, over the streets and highways of this state; (4)department means the Texas Department of Public Safety; (5)director means the director of the Texas Department of Public Safety or the designee of the director; (6)regional highway administrator means the director of the Texas Department of Public Safety; (7)farm vehicle means any vehicle or combination of vehicles controlled and/or operated by a farmer or rancher being used to transport agriculture commodities, farm machinery, and farm supplies to or from a farm or ranch; (8)commercial motor vehicle has the meaning assigned by Texas Transportation Code, §548.001(1) if operated intrastate; commercial motor vehicle has the meaning assigned by Title 49, Code of Federal Regulations, Part 390.5 if operated interstate; (9)foreign commercial motor vehicle has the meaning assigned by Texas Transportation Code, §648.001; (10)agricultural commodity is defined as an agricultural, horticultural, viticultural, silvicultural, or vegetable product, bees and honey, planting seed, cottonseed, rice, livestock or a livestock product, or poultry or a poultry product that is produced in this state, either in its natural form or as processed by the producer, including wood chips. The term does not include a product which has been stored in a facility not owned by its producer; (11)planting and harvesting seasons are defined as January 1 to December 31; and (12)producer is defined as a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity. The term includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper. (c)Applicability. (1)The regulations shall be applicable to the following vehicles: (A)a vehicle or combination of vehicles with an actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds when operating intrastate; (B)a farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or more when operating intrastate; (C)a vehicle designed or used to transport more than 15 passengers, including the driver; and (D)a vehicle transporting hazardous material requiring a placard. (E)a motor carrier transporting household goods for compensation in intrastate commerce in a vehicle not defined in Texas Transportation Code, §548.001(1) is subject to the record keeping requirements in Title 49, Code of Federal Regulations, Part 395 and the hours of service requirements specified in this subchapter. (F)a foreign commercial motor vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other than the United States. (G)a contract carrier transporting the operating employees of a railroad on a road or highway of this state in a vehicle designed to carry 15 or fewer passengers. (2)The regulations contained in Title 49, Code of Federal Regulations, Part 392.9a, and all interpretations thereto, are applicable to motor carriers operating in intrastate commerce and to for-hire interstate motor carriers exempt from economic regulation. The term "registration" as used in Title 49, Code of Federal Regulations, Part 392.9a, for the motor carriers described in this paragraph, shall mean compliance with the registration requirements found in Texas Transportation Code, Chapter 643, for vehicles operating in intrastate commerce, or Texas Transportation Code, Chapters 643 or 645, for for-hire interstate motor carriers exempt from economic regulation. For purposes of enforcement of this paragraph, peace officers certified to enforce this chapter, shall verify that a motor carrier is not registered, as required in Texas Transportation Code, Chapters 643 or 645, before placing a motor carrier out-of-service. Motor carriers placed out-of-service under Title 49, Code of Federal Regulations, Part 392.9a may request a review under §4.18 of this chapter. All costs associated with the towing and storage of a vehicle and load declared out-of-service under subsection (c)(2) shall be the responsibility of the motor carrier and not the department or the State of Texas. (3)All regulations contained in Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385, 386, 387, 390 - 393 and 395 - 397, and all interpretations thereto pertaining to interstate drivers and vehicles are also adopted except as otherwise excluded. (4)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 health and safety.
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 November 1, 2005
TRD-200504988 Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: December 18, 2005
For further information, please call: (512) 424-2135
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