(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 1, [April 1,] 2008. All other references in this subchapter to the Code of Federal Regulations also refer to amendments and interpretations issued through October 1, [April 1,] 2008. The rules adopted herein are to ensure that: (1) - (5)(No change.) (b)(No change.) (c)Applicability. (1)(No change.) (2)The regulations contained in Title 49, Code of Federal Regulations, Part 392.9a, and all interpretations thereto, are applicable to motor carriers operating exclusively in intrastate commerce and to the intrastate operations of interstate motor carriers that have not been federally preempted by the United Carrier Registration Act of 2005 [for-hire interstate motor carriers exempt from economic regulation]. The term "operating authority" 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, Chapter [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) - (5)(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 September 17, 2008
TRD-200805070 Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: November 2, 2008
For further information, please call: (512) 424-2135
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