Texas Register

TITLE 43 TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217VEHICLE TITLES AND REGISTRATION
SUBCHAPTER AMOTOR VEHICLE TITLES
RULE §217.3Motor Vehicle Titles
ISSUE 12/19/2014
ACTION Proposed
Preamble Texas Admin Code Rule

Unless otherwise exempted by law or this chapter, the owner of any motor vehicle that is required to be registered in accordance with Transportation Code, Chapter 502, shall apply for a Texas title in accordance with Transportation Code, Chapter 501.

  (1)Motorcycles, motor-driven cycles, and mopeds.

    (A)The title requirements of a motorcycle, motor-driven cycle, and moped are the same requirements prescribed for any motor vehicle.

    (B)A vehicle that meets the criteria for a moped and has been certified as a moped by the Department of Public Safety will be registered and titled as a moped. If the vehicle does not appear on the list of certified mopeds published by that agency, the vehicle will be treated as a motorcycle for title and registration purposes.

  (2)Farm vehicles.

    (A)The term motor vehicle does not apply to implements of husbandry, which may not be titled.

    (B)Farm tractors owned by agencies exempt from registration fees in accordance with Transportation Code, §502.453, are required to be titled and registered with "Exempt" license plates issued in accordance with Transportation Code, §502.451.

    (C)Farm tractors used as road tractors to mow rights of way or used to move commodities over the highway for hire are required to be registered and titled.

    (D)Farm semitrailers with a gross weight of more than 4,000 pounds that are registered in accordance with Transportation Code, §502.146, may be issued a Texas title.

  (3)Neighborhood electric vehicles. The title requirements of a neighborhood electric vehicle (NEV) are the same requirements prescribed for any motor vehicle.

  (4)Trailers, semitrailers, and house trailers. Owners of trailers and semitrailers shall apply for and receive a Texas title for any stand alone (full) trailer, including homemade or shopmade full trailers, or any semitrailer having a gross weight in excess of 4,000 pounds. Owners of trailers having a gross weight of 4,000 pounds or less may apply for and receive a Texas title. House trailer-type vehicles must meet the criteria outlined in subparagraph (C) of this paragraph to be titled.

    (A)The rated carrying capacity will not be less than one-third of its empty weight.

    (B)Mobile office trailers, mobile oil field laboratories, and mobile oil field bunkhouses are not designed as dwellings, but are classified as commercial semitrailers and must be registered and titled as commercial semitrailers if operated on the public streets and highways.

    (C)House trailer-type vehicles and camper trailers must meet the following criteria in order to be titled.

      (i)A house trailer-type vehicle designed for living quarters and that is eight body feet or more in width or forty body feet or more in length (not including the hitch), is classified as a manufactured home or mobile home and is titled under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, administered by the Texas Department of Housing and Community Affairs.

      (ii)A house trailer-type vehicle that is less than eight feet in width and less than forty feet in length is classified as a travel trailer and shall be registered and titled.

      (iii)A camper trailer shall be titled as a house trailer and shall be registered with travel trailer license plates.

      (iv)A recreational park model type trailer that is primarily designed as temporary living quarters for recreational, camping or seasonal use, is built on a single chassis, and is 400 square feet or less when measured at the largest horizontal projection when in the set up mode shall be titled as a house trailer and may be issued travel trailer license plates. If the park model type trailer exceeds one hundred two inches in width or forty feet in length, the title will include a brand to indicate that an oversize permit must be obtained to move the trailer on the public roads.

  (5)Assembled vehicles.

    (A)An assembled vehicle is a vehicle assembled from the three basic component parts (motor, frame, and body), except that a motorcycle must have a frame and motor, and a trailer or travel trailer will have no motor, and that is:

      (i)assembled from new or used materials and parts by someone not regulated as a motor vehicle manufacturer;

      (ii)altered or modified to the extent that it no longer reflects the original manufacturer's configuration; or

      (iii)assembled from a kit even if a Manufacturer's Certificate of Origin or Manufacturer's Statement of Origin is provided.

    (B)An assembled vehicle may be titled if:

      (i)it is assembled and completed with a body, motor, and frame, except that a motorcycle must have a frame and motor, and a trailer or travel trailer will have no motor;

      (ii)it is not created from different vehicle classes, (as established by the Federal Highway Administration, except that component parts from 2-axle, 4-tire passenger cars and 2-axle, 4-tire pickups, panels and vans can be interchanged with one another), that were never engineered or manufactured to be combined with one another;

      (iii)it has all safety components required by federal law during the year of assembly, unless the vehicle qualifies and is registered as a custom vehicle or street rod in accordance with Transportation Code, §504.501;

      (iv)it is not designed as a dune buggy, designed by the manufacturer for on-track racing, or designed by the manufacturer as an off-road passenger vehicle;

      (v)the applicant provides proof, on a form prescribed by the department, of a safety inspection performed by an Automotive Service Excellence (ASE) technician with valid certification as a Certified Master Automobile and Light Truck Technician, certifying that the vehicle:

        (I)is structurally stable;

        (II)meets the necessary conditions to be operated safely on the roadway; and

        (III)is equipped and operational with all equipment required by statute or rule as a condition of sale during the year the vehicle was assembled unless it is being inspected pursuant to Subchapter G of this chapter;

      (vi)the applicant submits a copy of the Certified Master Automobile and Light Truck Technician's ASE certification; and

      (vii)the applicant submits a Rebuilt Vehicle Statement, Application for Assigned or Reassigned Number, and Notice of Assigned Number or Installation of Reassigned Vehicle Identification Number, on forms prescribed by the department.

    (C)The ASE inspection is in addition to the inspection required by Transportation Code, Chapter 548, except a vehicle that qualifies and is registered as a custom vehicle or street rod in accordance with Transportation Code, §504.501, is exempt from the inspection required under Transportation Code, Chapter 548, for the duration the vehicle is registered as such.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2014

TRD-201405852

David D. Duncan

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: January 18, 2015

For further information, please call: (512) 465-5665



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