37 Tex. Admin. Code § 4.1 - Transportation of Hazardous Materials
(a) The
director of the Texas Department of Public Safety incorporates, by reference,
the Federal Hazardous Materials Regulations, Title 49, Code of Federal
Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and
180, including all interpretations thereto, for commercial vehicles operated in
intrastate, interstate, or foreign commerce, as amended through December 1,
2023. All other references in this section to the Code of Federal Regulations
also refer to amendments and interpretations issued through December 1,
2023.
(b) Explanations and
Exceptions.
(1) Certain terms when used in
the federal regulations as adopted in subsection (a) of this section will have
the following meanings, unless the context clearly indicates otherwise.
(A) Motor carrier--Has the meaning assigned
by Texas Transportation Code, §
643.001(6).
(B) Hazardous material shipper--A consignor,
consignee, or beneficial owner of a shipment of hazardous materials.
(C) Interstate or foreign commerce--All
movements by commercial motor vehicle, both interstate and intrastate, over the
streets and highways of this state.
(D) Department--The Texas Department of
Public Safety.
(E) Federal Motor
Carrier Safety Administration (FMCSA) field administrator--The director of the
Texas Department of Public Safety or the designee of the director for vehicles
operating in intrastate commerce.
(F) Farm vehicle--Any vehicle or combination
of vehicles controlled and/or operated by a farmer or rancher being used to
transport agriculture products, farm machinery, and farm supplies to or from a
farm or ranch.
(G) Private
carrier--Any person not included in the terms "common carrier by motor vehicle"
or "contract carrier by motor vehicle" who transports by commercial motor
vehicle property of which the person is the owner, lessee, or bailee, when such
transportation is for the purpose of sale, lease, rent or bailment, or in
furtherance of commerce.
(2) All references in Title 49, Code of
Federal Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart
E), and 180 made to other modes of transportation, other than by motor vehicles
operated on streets and highways of this state, will be excluded and not
adopted by this department.
(3)
Regulations adopted by this department, including the federal motor carrier
safety regulations, will apply to farm tank trailers used exclusively to
transport anhydrous ammonia from the dealer to the farm. The usage of
non-specification farm tank trailers by motor carriers to transport anhydrous
ammonia must be in compliance with
Title 49, Code of Federal
Regulations, §
173.315(m).
(4) The reporting of hazardous material
incidents as required by Title 49, Code of Federal Regulations, §
171.15 and §
171.16 for shipments of hazardous
materials by highway is adopted by the department.
(5) Regulations adopted by this department,
including the federal motor carrier safety regulations, will apply to an
intrastate motor carrier transporting a flammable liquid petroleum product in a
cargo tank. The usage of non-specification cargo tanks by motor carriers for
the intrastate transportation of flammable liquid petroleum products must be in
compliance with Title 49,
Code of Federal Regulations, §
173.8.
(6) Regulations and exceptions adopted herein
are applicable to all drivers and vehicles transporting hazardous materials in
interstate, foreign, or intrastate commerce.
(7) 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 safety and
health.
(8) Penalties assessed for
violations of the regulations adopted herein will be based upon the provisions
of Texas Transportation Code, Chapter 644, and §
4.16 of this title (relating to
Administrative Penalties, Payment, Collection, and Settlement of
Penalties).
(9) A peace officer
certified, in accordance with §
4.13 of this title (relating to
Authority to Enforce, Training and Certificate Requirements), to enforce the
Federal Hazardous Material Regulations, as adopted in this section, may declare
a vehicle out-of-service using the North American Standard Hazardous Materials
Out-of-Service Criteria as a guideline.
Notes
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No prior version found.