37 Tex. Admin. Code § 4.11 - General Applicability and Definitions
(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. All other references in this subchapter to the Code
of Federal Regulations also refer to amendments and interpretations issued
through September 1, 2022. 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.
Notes
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