(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 September 1, 2022 [June
1, 2021]. All other references in this subchapter to the Code
of Federal Regulations also refer to amendments and interpretations
issued through September 1, 2022 [June 1, 2021].
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.
(1)Motor carrier--Has the meaning assigned by 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 consignor, consignee,
or beneficial owner of a shipment of hazardous materials.
(3)Interstate or foreign commerce--All movements by
motor vehicle, both interstate and intrastate, over the streets and
highways of this state.
(4)Department--The Texas Department of Public Safety.
(5)Director--The director of the Texas Department
of Public Safety or the designee of the director.
(6)Federal Motor Carrier Safety Administration (FMCSA)--The
director of the Texas Department of Public Safety for vehicles operating
in intrastate commerce.
(7)Farm vehicle--Any 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 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 the meaning
assigned by Texas Transportation Code, §648.001.
(10)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 January 1
to December 31.
(12)Producer--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.
(13)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 subparagraphs (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 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;
(F)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; and
(G)a covered farm vehicle as defined in Texas Transportation
Code, §522.004 and in Title 49, Code of Federal Regulations, §390.5
qualifies for the commercial driver license (CDL) exemption only when
a gross vehicle weight (GVW) or gross vehicle weight rating (GVWR),
whichever is greater, of more than 26,001 lbs. is operated in intrastate
commerce. All other covered farm vehicle exemptions apply in intrastate
commerce at a GVW or GVWR of 48,000 lbs. or more.
(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 October 28, 2022
TRD-202204238 D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: December 11, 2022
For further information, please call: (512) 424-5848
|
