(a)Exemptions to the adoptions in §4.11 of this
title (relating to General Applicability and Definitions) are made
pursuant to Texas Transportation Code, §§644.052 - 644.054,
and are adopted as follows:
(1)Such regulations shall not apply to the vehicles
detailed in subparagraph (A) - subparagraph (D) of this paragraph
when operated intrastate:
(A)a vehicle used in oil or water well servicing or
drilling which is constructed as a machine consisting in general of
a mast, an engine for power, a draw works, and a chassis permanently
constructed or assembled for such purpose or purposes;
(B)a mobile crane which is an unladen, self-propelled
vehicle constructed as a machine used to raise, shift, or lower weights;
(C)a vehicle transporting seed cotton; or
(D)concrete pumps.
(2)The provisions of Title 49, Code of Federal Regulations,
§395.3 shall not apply to intrastate commerce. Drivers in intrastate
commerce will be permitted to drive 12 hours following 8 consecutive
hours off duty. Drivers in intrastate commerce may not drive after
having been on duty 15 hours, following 8 consecutive hours off duty.
Drivers in intrastate commerce violating the 12 or 15 hour limits
provided in this paragraph shall be placed out-of-service for 8 consecutive
hours. Drivers of vehicles operating in intrastate commerce shall
be permitted to accumulate the equivalent of 8 consecutive hours off
duty by taking a combination of at least 8 consecutive hours off duty
and sleeper berth time; or by taking two periods of rest in the sleeper
berth, providing:
(A)neither rest period in the sleeper berth is shorter
than 2 hours duration;
(B)the driving time in the period immediately before
and after each rest period in the sleeper berth, when added together,
does not exceed 12 hours;
(C)the on duty time in the period immediately before
and after each rest period in the sleeper berth, when added together,
does not include any driving time after the 15th hour; and
(D)the driver may not return to driving subject to
the normal hours of service requirements in this subsection without
taking at least 8 consecutive hours off duty, at least 8 consecutive
hours in the sleeper berth, or a combination of at least 8 consecutive
hours off duty and sleeper berth time.
(3)Drivers in intrastate commerce who are not transporting
placardable hazardous materials and were regularly employed in Texas
as commercial vehicle drivers prior to August 28, 1989, are not required
to meet the medical standards contained in the federal regulations.
(A)For the purpose of enforcement of this regulation,
those drivers who reached their 18th birthday on or after August 28,
1989, shall be required to meet all medical standards.
(B)The exceptions contained in this paragraph shall
not be deemed as an exemption from drug and alcohol testing requirements
contained in Title 49, Code of Federal Regulations, Part 40 and Part
382.
(4)The maintenance of a driver's record of duty status
is not required if the vehicle is operated within a 150 air-mile radius
of the driver's normal work reporting location if:
(A)the driver returns to the normal work reporting
location and is released from work within 12 consecutive hours;
(B)the driver has at least 8 consecutive hours off
duty separating each 12 hours on duty; and
(C)the motor carrier that employs the driver maintains
and retains for a period of 6 months true and accurate time and business
records which include:
(i)the time the driver reports for duty each day;
(ii)the total number of hours the driver is on duty
each day;
(iii)the time the driver is released from duty each
day;
(iv)the total time on duty for the preceding seven
days in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2)
for drivers used for the first time or intermittently; and
(v)the motor carrier maintains business records that
provide the date, time, quantity, and location of the delivery of
a product or service, including delivery tickets or sales invoices.
(5)The maintenance of a driver's record of duty status
is not required for the driver of a ready-mix concrete delivery vehicle
or a waste and recycling vehicle if the vehicle is operated intrastate
within a 150 air-mile radius of the driver's normal work reporting
location if:
(A)the driver returns to the normal work reporting
location and is released from work within 14 consecutive hours;
(B)the driver has at least 8 consecutive hours off
duty separating each 14 hours on duty;
(C)the driver does not exceed 12 hours maximum driving
time following 8 consecutive hours off duty; and
(D)the motor carrier that employs the driver maintains
and retains for a period of 6 months true and accurate time and business
records which include:
(i)the time the driver reports for duty each day;
(ii)the total number of hours the driver is on duty
each day;
(iii)the time the driver is released from duty each
day;
(iv)the total time on duty for the preceding 7 days
in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2)
for drivers used for the first time or intermittently; and
(v)the motor carrier maintains business records that
provide the date, time, quantity, and location of the delivery of
a product or service, including delivery tickets or sales invoices.
(6)An electronic logging device (ELD) and an automatic
on-board recording device have the meaning as defined in Title 49,
Code of Federal Regulations, §395.2.
(7)Unless otherwise exempted, a motor carrier operating
commercial motor vehicles intrastate shall require each of its drivers
to record the driver's record of duty status:
(A)Using an ELD that meets the requirements of subpart
B of Title 49, Code of Federal Regulations, Part 395;
(B)Using an automatic on-board recording device that
meets the requirements of Title 49, Code of Federal Regulations, §395.15;
or
(C)Manually, recorded as specified in Title 49, Code
of Federal Regulations, §395.8. The record of duty status must
be recorded in duplicate for each 24-hour period for which recording
is required.
(8)Unless otherwise exempted, a motor carrier operating
commercial motor vehicles intrastate must install and require each
of its drivers to use an ELD to record the driver's duty status in
accordance with Title 49, Code of Federal Regulations, Part 395.
(9)The provisions of Title 49, Code of Federal Regulations,
Part 395 shall not apply to drivers transporting agricultural commodities
in intrastate commerce for agricultural purposes within a 150 air-mile
radius from the source of the commodities or the distribution point
for the farm supplies during planting and harvesting seasons.
(b)Exceptions adopted by the director of the Texas
Department of Public Safety not specified in Texas Transportation
Code, §644.053, are:
(1)Title 49, Code of Federal Regulations, §393.86,
requiring rear-end protection shall not be applicable provided the
vehicle was manufactured prior to September 1, 1991 and is used solely
in intrastate commerce.
(2)Drivers of vehicles under this section operating
in intrastate transportation shall not be permitted to drive after
having worked and/or driven for 70 hours in any consecutive seven-day
period. A driver may restart a consecutive seven-day period after
taking 34 or more consecutive hours off-duty. Drivers in intrastate
transportation violating the 70 hour limit provided in this paragraph
will be placed out-of-service until no longer in violation.
(3)For drivers of commercial motor vehicles operating
in intrastate transportation and used exclusively in the transportation
of oilfield equipment, including the stringing and picking up of pipe
used in pipelines, and servicing of the field operations of the natural
gas and oil industry, any period of 7 consecutive days may end with
the beginning of any off-duty period of 24 or more successive hours.
(4)For drivers of a commercial motor vehicle operating
in intrastate transportation and used primarily in the transportation
of construction materials and equipment, any period of 7 consecutive
days may end with the beginning of any off-duty period of 24 or more
successive hours. "Transportation of construction materials and equipment"
has the meaning assigned by Title 49, Code of Federal Regulations,
§395.2.
(5)Drivers of vehicles operating in intrastate transportation
claiming the 150 air-mile radius exemption in paragraph (4) of this
subsection must return to the work reporting location; be released
from work within 12 consecutive hours; and have at least 8 consecutive
hours off-duty separating each 12 hours on-duty.
(6)The provisions of Title 49, Code of Federal Regulations,
§391.11(b)(1) shall not apply to intrastate commerce. The minimum
age for an intrastate driver shall be 18 years of age. Intrastate
drivers in violation of this paragraph shall be placed out-of-service
until no longer in violation.
(7)The provisions of Title 49, Code of Federal Regulations,
§391.11(b)(2) shall not apply to intrastate commerce. An intrastate
driver must have successfully passed the examination for a Texas Commercial
Driver's License and be a minimum age of 18 years old.
(8)Texas Transportation Code, §547.401 and §547.404,
concerning brakes on trailers weighing 15,000 pounds gross weight
or less take precedence over the brake requirements in the federal
regulations for trailers of this gross weight specification unless
the vehicle is required to meet the requirements of Federal Motor
Vehicle Safety Standard No. 121 (Title 49, Code of Federal Regulations
§571.121) applicable to the vehicle at the time it was manufactured.
(9)Title 49, Code of Federal Regulations, §390.23
(Relief from Regulations), is adopted for intrastate motor carriers
with the exceptions detailed in subparagraph (A) and subparagraph
(B) of this paragraph:
(A)Title 49, Code of Federal Regulations, §390.23(a)(2)
is not applicable to intrastate motor carriers making emergency residential
deliveries of heating fuels or responding to a pipeline emergency,
provided the carrier:
(i)documents the type of emergency, the duration of
the emergency, and the drivers utilized; and
(ii)maintains the documentation on file for a minimum
of six months. An emergency under this paragraph is one that if left
unattended would result in immediate serious bodily harm, death or
substantial property damage but does not include routine requests
to refill empty propane gas tanks.
(B)The requirements of Title 49, Code of Federal Regulations,
§390.23(c)(1) and (2), for intrastate motor carriers shall be:
(i)the driver has met the requirements of Texas Transportation
Code, Chapter 644; and
(ii)the driver has had at least eight consecutive
hours off-duty when the driver has been on duty for 15 or more consecutive
hours, or the driver has had at least 34 consecutive hours off duty
when the driver has been on duty for more than 70 hours in seven consecutive
days.
(10)The provisions of Title 49, Code of Federal Regulations,
Part 380 (Subparts A - D) shall not apply to intrastate motor carriers
and drivers. Title 49, Code of Federal Regulations, Part 380 (Subpart
E) is adopted for intrastate motor carriers and drivers. Intrastate
motor carriers and drivers must complete the requirements of Title
49, Code of Federal Regulations, §380.500 on or before July 31,
2005.
(11)In accordance with §4132 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETA-LU) (Pub. L. 109-59), the hours of service regulations in
this subchapter are not applicable to utility service vehicles that
operate in either interstate or intrastate commerce. Utility service
vehicles are those vehicles operated by public utilities, as defined
in the Public Utility Regulatory Act, the Gas Utility Regulatory Act,
the Texas Water Code, Title 49, Code of Federal Regulations, §395.2,
or other applicable regulations, and charged with the responsibility
for maintaining essential services to the public to protect health
and safety.
(12)The United States Department of Transportation
number requirements in Texas Transportation Code, Chapter 643 do not
apply to vehicles/motor carriers operating exclusively in intrastate
commerce and that are exempted from the requirements by Texas Transportation
Code, §643.002.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the
Secretary of State on March 12, 2020
TRD-202001086 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: April 1, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 424-5848
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