(a)The rules in this subsection, as authorized by Texas Transportation Code, §644.155, establish procedures to determine the safety fitness of motor carriers, assign safety ratings, take remedial actions when necessary, assess administrative penalties when required, and prohibit motor carriers receiving a safety rating of "unsatisfactory" from operating a commercial motor vehicle. The department will use the Compliance Review Audit to determine the safety fitness of motor carriers and to assign safety ratings. The safety fitness determination will be assessed on intrastate motor carriers and the intrastate operations of interstate motor carriers based in Texas. (1) - (3)(No change.) (4)Safety Fitness Rating. (A) - (C)(No change.) (D)The department will provide written notification to the motor carrier of the assigned safety rating within 30 business days of the close out date of the compliance review. (i) - (iii)(No change.) (iv)A final unsatisfactory safety rating and order to cease all intrastate transportation, described in clause (iii) of this subparagraph, will become effective on the date specified in the notice of proposed safety rating unless extended by the department, in writing, under subparagraph (G)(v) or (vi) of this paragraph. The department will make and document reasonable efforts to provide a copy of the written final unsatisfactory safety rating and order to cease intrastate transportation to the carrier. However, if the notice of proposed safety rating was received by the motor carrier and adequately describes the effective date and consequences of failure to improve the motor carrier's safety rating, failure of the department to serve the final unsatisfactory safety rating and order to cease intrastate transportation will not delay its effective date. (E) - (I)(No change.) (b)Imminent Hazard. (1)Regardless of whether an Unsatisfactory Safety Rating has become final under subsection (a)(4)(C) of this section, if the Manager of the Motor Carrier Bureau, or his designee, determines that a motor carrier's operations constitute an Imminent Hazard, the Manager or his designee shall issue an Order to Cease all or part of the motor carrier's commercial motor vehicle operations. (2)In making any such order, no restrictions shall be imposed on any employee or employer beyond that required to abate the hazard. (3)Opportunity for review of any such order shall be in the manner described in §4.18 of this title (relating to Intrastate Operating Authority Out-of-Service Review). (c)[(b)] Release of Safety Rating Information. (1)The safety rating assigned to a motor carrier will be made available to the public upon request. (2)Requests should be addressed to the Texas Department of Public Safety, Motor Carrier Bureau, Box 4087, Austin, Texas 78773-0521. All requests for disclosure of safety rating must be made in writing and will be processed under the Texas Public Information Act.
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 March 14, 2006
TRD-200601597 Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 30, 2006
For further information, please call: (512) 424-2135
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