The Texas Department of Public Safety proposes amendments to §§4.11 - 4.17, concerning Regulations Governing Transportation Safety.

The amendment to §4.11 updates the rule so that it reflects October 1, 2004 in subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflects all amendments and interpretation issued through that particular date. An additional amendment to §4.11 proposes to adopt Title 49, Code of Federal Regulations, Part 380.

Amendment to §4.12 is necessary in order to specify what subparts of Title 49, Code of Federal Regulations, Part 380 will be applicable to intrastate motor carriers and to establish a date for compliance with the proposed requirements.

Amendments to §4.13 are necessary to update the title of the out-of-service criteria cited in the rule and to clarify the training requirements for obtaining certification to inspect motorcoaches.

Amendment to §4.14 is necessary to reflect changes being made to the Memorandum of Understanding process utilized by the department for municipal and county certification requirements.

Amendments to §4.15 are necessary to further clarify department procedures for assigning motor carrier safety ratings in the Safety Audit Program.

Amendments to §4.16 are necessary to further clarify department procedures for the collection of administrative penalties assessed and the issuance of impoundment orders.

Amendments to §4.17 are necessary to further clarify department procedures for the notification that is sent to motor carriers concerning pending enforcement actions.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Ybarra also determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to ensure to the public greater compliance by motor carriers with all of the statutes and regulations pertaining to the safe operation of commercial vehicles in this state. There is economic impact anticipated for individuals, small businesses, and micro-businesses due to the proposed adoption of Title 49, Code of Federal Regulations, Part 380 (Subpart E) for intrastate motor carriers and drivers. The cost component of this proposed rule is the cost to provide training to entry-level operators of commercial motor vehicles. These costs would include the expenses to train the drivers, the cost of the drivers' time, and the expenses to maintain the required compliance records. The department estimates that each driver will receive 10 hours of training at a cost of $25 per hour; for a total training cost of $250 per driver. The department estimates that the cost of the drivers' time would be $20 per hour for the 10 hour training block; for a total of $200 per driver. The department estimates that the cost of maintaining the compliance records will be $50 per driver. The total cost is estimated to be $500 or less per driver to comply with the provisions of this proposed rule. With regard to the training costs associated with this proposed rule, it is likely that in some cases the employer will provide the training for its existing entry-level drivers and for those new drivers entering its workforce each year, whereas in other cases, employers might expect new drivers who wish to work for them have already acquired such training. With regard to owner-operators, they alone would likely incur the full cost of training, given their dual roles as driver and company owner. The actual costs per driver may in fact be much less than the estimates provided assuming the employer does not have to lease physical space to conduct the training, the training instructor is currently employed by the motor carrier, the training is obtained solely by the current or potential driver, or the training is computer-based, such as web-based training. The cost estimates to maintain the compliance records include computer software upgrades and the physical space to store the records. The department believes that the entry-level driver training will provide a good foundation for these new commercial vehicle drivers and will assist in reducing the number of commercial vehicle accidents occurring in Texas. The entry-level driver training requirements will provide the factual information needed by these new drivers to comply with both the State and Federal Motor Safety Regulations.

Comments on the proposal may be submitted to Mark Rogers, Major, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2116.

The amendments are proposed pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.

Texas Transportation Code, §644.051 is affected by this proposal.