(a)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 - 387, 390 - 393, and 395 - 397 including all interpretations
thereto, as amended through July 1, 2019 [October
1, 2018]. All other references in this subchapter to the Code
of Federal Regulations also refer to amendments and interpretations
issued through July 1, 2019 [October 1, 2018].
The rules detailed in this section ensure:
(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;
(4)commercial motor vehicle operators are qualified,
by reason of training and experience, to operate the vehicle safely;
and
(5)the minimum levels of financial responsibility
for motor carriers of property or passengers operating commercial
motor vehicles in interstate, foreign, or intrastate commerce is maintained
as required.
(b)Certain terms, when used in the federal motor
carrier safety regulations as adopted in subsection (a) of this
section, have the following meanings, unless the context clearly
indicates otherwise. [are defined as:]
(1)Motor carrier--Has the meaning assigned by [
the definition of motor carrier is the same as that given in]
Texas Transportation Code, §643.001(6) when vehicles operated
by the motor carrier meet the applicability requirements of subsection
(c) of this section. [;]
(2)Hazardous material shipper--A [hazardous
material shipper means a] consignor, consignee, or beneficial
owner of a shipment of hazardous materials. [;]
(3)Interstate or foreign commerce--All [interstate
or foreign commerce includes all] movements by motor vehicle,
both interstate and intrastate, over the streets and highways of this
state. [;]
(4)Department--The [department means
the] Texas Department of Public Safety. [;]
(5)Director--The [director means the]
director of the Texas Department of Public Safety or the designee
of the director. [;]
(6)Federal Motor Carrier Safety Administration
(FMCSA)--The [FMCSA field administrator, as used in the
federal motor carrier safety regulations, means the] director
of the Texas Department of Public Safety for vehicles operating in
intrastate commerce. [;]
(7)Farm vehicle--Any [farm vehicle
means] 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 [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, §390.5
if operated interstate. [;]
(9)Foreign commercial motor vehicle--Has [
foreign commercial motor vehicle has] the meaning assigned by
Texas Transportation Code, §648.001. ;
(10)Agricultural commodity--Has [agricultural
commodity has] the meaning as defined in Title 49, Code of Federal
Regulations, §395.2 and includes wood chips. [;]
(11)Planting and harvesting seasons--Are [
planting and harvesting seasons are defined as] January 1 to
December 31.;
(12)Producer-- [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. [; and]
(13)Off-road motorized construction equipment--Includes
[off-road motorized construction equipment includes]
but is not limited to, motor scrapers, backhoes, motor
graders, compactors, excavators, tractors, trenchers, bulldozers,
and other similar equipment routinely found at construction sites
and that is occasionally moved to or from construction sites by operating
the equipment short distances on public highways. Off-road motorized
construction equipment is not designed to operate in traffic and such
appearance on a public highway is only incidental to its primary functions.
Off-road motorized construction equipment is not considered to be
a commercial motor vehicle as that term is defined in Texas Transportation
Code, §644.001.
(14)The phrase "The commercial driver's license requirements
of part 383 of this subchapter" as used in Title 49, Code of Federal
Regulations, §382.103(a)(1) shall mean the commercial driver's
license requirements of Texas Transportation Code, Chapter 522.
(15)For purposes of removal from safety-sensitive
functions for prohibited conduct as described in Title 49, Code of
Federal Regulations, §382.501(c), commercial motor vehicle means
a vehicle subject to the requirements of Texas Transportation Code,
Chapter 522 and a vehicle subject to §4.22 of this title (relating
to Contract Carriers of Certain Passengers), in addition to those
vehicles enumerated in Title 49, Code of Federal Regulations, §382.501(c).
(c)Applicability.
(1)The FMCSA regulations are applicable to the vehicles
detailed in subparagraph (A) - (F) [(A) - (G)]
of this paragraph:
(A)a vehicle or combination of vehicles with an actual
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 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;
(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;]
(E)[(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;
and
(F)[(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, §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. The term "operating authority" as used in Title 49, Code
of Federal Regulations, §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 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 643, before placing a motor carrier
out-of-service. Motor carriers placed out-of-service under Title 49,
Code of Federal Regulations, §392.9a may request a review under §4.18
of this title (relating to Intrastate Operating Authority Out-of-Service
Review). All costs associated with the towing and storage of a vehicle
and load declared out-of-service under this paragraph 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 - 387, 390 - 393 and
395 - 397, and all interpretations thereto pertaining to interstate
drivers and vehicles are also adopted except as otherwise excluded.
(4)A medical examination certificate, issued in accordance
with Title 49, Code of Federal Regulations, §§391.14, 391.41,
391.43, and 391.45, shall expire on the date indicated by the medical
examiner; however, no such medical examination certificate shall be
valid for more than two years from the date of issuance.
(5)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.
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 June 4, 2019
TRD-201901655 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: July 21, 2019
For further information, please call: (512) 424-5848
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