The Texas Department of Public Safety proposes amendments to Chapter 4, Subchapter B, §§4.11 - 4.13, 4.16, and 4.17 concerning Regulations Governing Transportation Safety.

The amendment to §4.11 updates the rule so that it reflects October 1, 2005 in subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through that particular date.

Amendments to §4.12 are necessary to implement changes made by House Bill 749 and Senate Bill 1074, as passed by the 79th Texas Legislature (Regular Session). Additional amendments to §4.12 are necessary to implement the requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 10-59).

Amendments to §4.13 are necessary to implement changes made by House Bill 602, as passed by the 79th Texas Legislature (Regular Session). Additional amendments to §4.13 are necessary in order to clarify the initial certifications requirements under the North American Standard Roadside Inspection and Passenger Vehicle Inspection Courses. Changes are also being made to text of §4.13 so that it is uniform throughout the section and mirrors the Commercial Vehicle Safety Alliance (CVSA) training and certification requirements.

Amendments to §4.16 are necessary to clarify the difference between the subsection regarding assessment of administrative penalties from the subsection regarding payment, collection and settlement of administrative penalties. A further amendment to §4.16 is necessary to simplify the procedure for calculation of administrative penalties, and to eliminate language that is unnecessary because it duplicates factors built into the Federal Uniform Fine Assessment Program used to calculate administrative penalties. The amendment is further necessary to codify the department's policy for further reductions in the assessment of administrative penalties when the gross receipts of the motor carrier are less than one million dollars. The amendment to §4.16 also clarifies department procedures for the release of Impoundment Orders. Non-substantive grammatical corrections are also being made in the amendment to §4.16

The amendment to §4.17 is necessary in order to correct an inaccuracy listed in the current rule.

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 has 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 no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.

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.