Texas Register Preamble

The Texas Department of Public Safety adopts amendments to §§4.11, 4.13 - 4.15, and 4.17 concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 28, 2008, issue of the Texas Register (33 TexReg 2670).

Adoption of amendments to §4.11 are necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through April 1, 2008; to clarify the rules to ensure that all drivers of commercial motor vehicles are properly qualified to operate these vehicles; to clarify that motor carriers are only subject to these rules when operating a regulated commercial motor vehicle; to clarify that a medical examination certificate can be issued for a period of less than 24 months by a medical examiner; and to correct grammatical errors in the text.

Adoption of amendment to §4.13 are necessary in order to update the text to reflect changes contained in Senate Bill 330, as passed by the 80th Texas Legislature, pertaining to locations where a non-commissioned employee of the department can conduct commercial motor vehicle inspections.

Adoption of amendments to §4.14 are necessary in order to further clarify certain general and date timelines requirements for municipalities and counties participating in the commercial vehicle inspection program.

Adoption of amendments to §4.15 are necessary in order to allow for delivery of safety rating correspondence to a motor carrier at the last known location, address, electronic mail address, or facsimile number for the motor carrier; to clarify that only compliance reviews resulting from a request to change a safety rating where the safety rating has been final for less than 6 months will be processed in accordance with the expedited timelines specified in the rule; to eliminate the term "streamlined compliance review" and replace it with the term "follow-up compliance review"; and to allow the department to extend the final effective date of a safety rating for a motor carrier transporting passengers or hazardous materials for up to 30 days when the motor carrier has submitted evidence of corrective actions.

Adoption of amendments to §4.17 are necessary in order to allow the department to notify motor carriers of claims using electronic mail, provided the department verifies receipt by a responsible individual; and to set the deadline for responding to or appealing a notice of claim at 20 calendar days rather than 20 business days, which is consistent with the requirements of Texas Transportation Code, §644.153(e).

On April 10, 2008, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. No comments were received regarding adoption of the amendments.

The amendments are adopted 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.

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