reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES › Section 219.62 - Single-Trip Mileage Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General information.
(1) Permits issued under this section are
				  subject to the requirements of §
											219.61
				  of this title (relating to General Requirements for Permits for Oversize and
				  Overweight Unladen Lift Equipment Motor Vehicles).
(2) A single-trip mileage permit:
(A) is limited to a maximum of seven
				  consecutive days;
(B) is routed
				  from the point of origin to the point of destination and has the route listed
				  on the permit; and
(C) allows the
				  crane to be returned to the point of origin on the same permit, provided the
				  return trip is made within the time period stated in the
				  permit.
(3) A crane
				  exceeding 175,000 pounds gross weight must:
(A) have front and rear escort flag vehicles
				  to prevent traffic from traveling beside the crane as it crosses a
				  bridge;
(B) cross all multi-lane
				  bridges by centering the crane on a lane line;
(C) cross all two-lane bridges in the center
				  of the bridge; and
(D) cross each
				  bridge at a speed not greater than 20 miles per hour.
(4) A crane exceeding 12 feet in width must
				  be centered in the outside traffic lane of any highway that has paved
				  shoulders.
(5) Except as otherwise
				  provided in this section, the permitted crane must not cross a load-restricted
				  bridge when exceeding the posted capacity of the bridge.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES › Section 219.63 - Quarterly Hubometer Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  information.
(1) Permits issued under this
				  section are subject to the requirements of §
											219.61 of this title (relating to
				  General Requirements for Permits for Oversize and Overweight Unladen Lift
				  Equipment Motor Vehicles).
(2) A
				  quarterly hubometer permit:
(A) is effective
				  for three consecutive months;
(B)
				  allows the crane to travel on all state-maintained highways; and
(C) allows the crane to travel on a
				  state-wide basis.
(3) A
				  crane permitted under this section must not exceed any of the following
				  dimensions:
(A) 12 feet in width;
(B) 14 feet, 6 inches in height; or
(C) 95 feet in length.
(4) With the exception of cranes that are
				  overlength only, cranes operated with a quarterly hubometer permit must be
				  equipped with a hubometer. The permittee must maintain the hubometer in good
				  working condition.
(5) A crane
				  exceeding 175,000 pounds gross weight must:
(A) have front and rear escort flag vehicles
				  to prevent traffic from traveling beside the crane as it crosses a
				  bridge;
(B) cross all multi-lane
				  bridges by centering the crane on a lane line;
(C) cross all two-lane bridges in the center
				  of the bridge; and
(D) cross each
				  bridge at a speed not greater than 20 miles per hour.
(6) The permitted crane must not cross a
				  load-restricted bridge when exceeding the posted capacity of the
				  bridge.
(7) The permit may be
				  amended only to change the following:
(A) if
				  listed on the permit, the hubometer serial number; or
(B) the license plate number.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES › Section 219.63 - Quarterly Hubometer Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General information.
(1) Permits issued under
				  this section are subject to the requirements of §
											219.61 of this title (relating to
				  General Requirements for Permits for Oversize and Overweight Unladen Lift
				  Equipment Motor Vehicles).
(2) A
				  quarterly hubometer permit:
(A) is effective
				  for three consecutive months;
(B)
				  allows the unladen lift equipment motor vehicle to travel on all
				  state-maintained highways; and
(C)
				  allows the unladen lift equipment motor vehicle to travel on a state-wide
				  basis.
(3) An unladen
				  lift equipment motor vehicle permitted under this section must not exceed any
				  of the following dimensions:
(A) 12 feet in
				  width;
(B) 14 feet, 6 inches in
				  height; or
(C) 95 feet in
				  length.
(4) With the
				  exception of unladen lift equipment motor vehicles that are overlength only,
				  unladen lift equipment motor vehicles operated with a quarterly hubometer
				  permit must be equipped with a hubometer. The permittee must maintain the
				  hubometer in good working condition.
(5) An unladen lift equipment motor vehicle
				  exceeding 175,000 pounds gross weight must:
(A) have front and rear escort flag vehicles
				  to prevent traffic from traveling beside the unladen lift equipment motor
				  vehicle as it crosses a bridge;
(B)
				  cross all multi-lane bridges by centering the unladen lift equipment motor
				  vehicle on a lane line;
(C) cross
				  all two-lane bridges in the center of the bridge; and
(D) cross each bridge at a speed not greater
				  than 20 miles per hour.
(6) The permitted unladen lift equipment
				  motor vehicle must not cross a load-restricted bridge when exceeding the posted
				  capacity of the bridge.
(7) The
				  permit may be amended only to change the following:
(A) if listed on the permit, the hubometer
				  serial number; or
(B) the license
				  plate number.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES › Section 219.64 - Annual Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  information. Permits issued under this section are subject to the requirements
				  of §
										219.61
				  of this title (relating to General Requirements for Permits for Oversize and
				  Overweight Unladen Lift Equipment Motor Vehicles).
(1) A crane permitted under this section must
				  not exceed:
(A) the weight limits established
				  in §219.11(d)(1), (2), and (3) of this title (relating to General
				  Oversize/Overweight Permit Requirements and Procedures);
(B) a gross weight of 120,000
				  pounds;
(C) legal length and height
				  limits as specified in Transportation Code, Chapter 621, Subchapter C;
				  and
(D) 10 feet in width.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES › Section 219.64 - Annual Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  information. Permits issued under this section are subject to the requirements
				  of §
										219.61 of this title (relating to
				  General Requirements for Permits for Oversize and Overweight Unladen Lift
				  Equipment Motor Vehicles).
(1) An unladen lift
				  equipment motor vehicle permitted under this section must not exceed:
(A) the weight limits established in
				  §219.11(d)(1), (2), and (3) of this title (relating to General
				  Oversize/Overweight Permit Requirements and Procedures);
(B) a gross weight of 120,000
				  pounds;
(C) legal length and height
				  limits as specified in Transportation Code, Chapter 621, Subchapter C;
				  and
(D) 10 feet in width.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.80 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide for an
					 efficient and effective system of enforcement of Transportation Code, Chapters
					 621, 622, and 623 by setting out procedures for citing violations related to
					 the operation, with or without oversize or overweight permits, of vehicles or
					 combination of vehicles on a public road or highway in the state in excess of
					 the applicable maximum weight, height, length, or width.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.81 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  operating or loading a vehicle for which a permit under this chapter is
				  required shall comply with all applicable terms, conditions, and requirements
				  of the permit, and with this chapter and Transportation Code, Chapters 621,
				  622, or 623 as applicable.
(b) A
				  person loading a vehicle or operating on a public road or highway a vehicle for
				  which a permit under this chapter is not required shall comply with the weight
				  and size provisions of Transportation Code, Chapters 621, 622, or
				  623.
(c) Gross weight registration.
				  A person may not operate on a highway or public road a vehicle that exceeds its
				  gross weight registration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.81 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person operating or loading a vehicle for which a permit under this chapter is
				  required shall comply with all applicable terms, conditions, and requirements
				  of the permit, and with this chapter and Transportation Code, Chapters 621,
				  622, or 623 as applicable.
(b) A
				  person loading a vehicle or operating on a public road or highway a vehicle for
				  which a permit under this chapter is not required shall comply with the weight
				  and size provisions of Transportation Code, Chapters 621, 622, or
				  623.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.82 - Falsification of Information on Application and Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who provides false information
				  on the permit application or another form required by the department for the
				  issuance of an oversize or overweight permit commits a violation of this
				  chapter and is subject to revocation of an oversize or overweight permit and
				  the provisions of Subchapter H of this chapter and Chapter 224 of this title
				  (relating to Adjudicative Practice and Procedure).
(b) A person violates this chapter if the
				  person produces a counterfeit permit or alters a permit issued by the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.84 - Compliance with Remote Permit System

Current through Reg. 49, No. 28; July 12, 2024
A person who by contract is authorized by the department to
					 access the electronic filing applications system shall comply with all of the
					 requirements of the contract and any conditions placed on the
					 permits.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.85 - Permits Issued by Another State

Current through Reg. 49, No. 28; July 12, 2024
A permit issued by another state under an authorized
					 reciprocal agreement is subject to this chapter and Transportation Code,
					 Chapters 621, 622, or 623 as applicable, as if the permit were issued by the
					 department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - COMPLIANCE › Section 219.86 - Permit Compliance

Current through Reg. 49, No. 28; July 12, 2024
A permit issued under this chapter becomes invalid
					 immediately on the violation of a rule or a condition or requirement placed on
					 the permit. Movement over a highway or public road of the vehicle for which the
					 permit was issued after the permit becomes invalid under this section is a
					 violation of this chapter and subject to enforcement action under this chapter
					 and Transportation Code, Chapter 621, 622, or 623.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter G - RECORDS AND INSPECTIONS › Section 219.100 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to advise persons who are
					 subject to Transportation Code, Chapters 621, 622, or 623 of the information
					 and records that they are required to maintain, where and how long the records
					 must be maintained, and department procedures for examining and inspecting
					 these records.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter G - RECORDS AND INSPECTIONS › Section 219.101 - Investigations and Inspections of Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Inspections.
(1) A person shall give an
				  inspector access to the person's premises to conduct inspections or
				  investigations of an alleged violation of this chapter or Transportation Code,
				  Chapters 621, 622, or 623. The person shall provide adequate workspace with
				  reasonable working conditions and shall allow the inspector to copy and verify
				  records.
(2) The inspector will
				  conduct inspections and investigations during normal business hours unless
				  mutual arrangements have been made otherwise.
(3) The inspector will present to the person
				  the inspector's credentials and a written statement from the department
				  indicating the inspector's authority to conduct the investigation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter G - RECORDS AND INSPECTIONS › Section 219.102 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General records
				  to be maintained. Each person who is subject to this chapter shall maintain the
				  following records if information in such a record is necessary to verify the
				  person's operation:
(1) operational logs,
				  insurance certificates, and documents to verify the person's
				  operations;
(2) complete and
				  accurate records of services performed; and
(3) all certificate of title documents,
				  shipper's certificate of weight, including information used to support the
				  shipper's certificate of weight, weight tickets, permits for oversize or
				  overweight vehicles and loads, dispatch records, load tickets, waybill or any
				  other document that verify the operations of the vehicle to determine the
				  actual weight, insurance coverage, size or capacity of the vehicle, and the
				  size or weight of the commodity being transported.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter G - RECORDS AND INSPECTIONS › Section 219.102 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  records to be maintained. Each person who is subject to this chapter shall
				  maintain the following records if information in such a record is necessary to
				  verify the person's operation:
(1)
				  operational logs, insurance certificates, and documents to verify the person's
				  operations;
(2) complete and
				  accurate records of services performed; and
(3) all certificate of title documents,
				  shipper's certificate of weight, including information used to support the
				  shipper's certificate of weight, weight tickets, permits for oversize or
				  overweight vehicles and loads, dispatch records, load tickets, waybill or any
				  other document that verify the operations of the vehicle to determine the
				  actual weight, insurance coverage, size or capacity of the vehicle, and the
				  size or weight of the commodity being transported.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter H - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 219.120 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide for
					 administrative penalties and sanctions under Transportation Code, Chapters 621
					 through 623. The enforcement actions under this chapter are governed by Chapter
					 224 of this title (relating to Adjudicative Practice and Procedure) and
					 Transportation Code, Chapters 621 through 623.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter H - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 219.121 - Administrative Penalties and Sanctions under Transportation Code, Section 623.271

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										623.271
					 authorizes the department to investigate and impose an administrative penalty
					 or revoke an oversize or overweight permit issued under Transportation Code,
					 Chapter 623.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter H - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 219.123 - Implications for Nonpayment of Penalties; Grounds for Action

Current through Reg. 49, No. 28; July 12, 2024
The department may not issue an oversize or overweight
					 permit to the person who has not paid an administrative penalty that is due or
					 for the vehicle that is the subject of the enforcement order until the amount
					 of the delinquent administrative penalty has been paid to the
					 department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter H - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 219.126 - Administrative Penalty for False Information on Certificate by a Shipper

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										623.272
					 authorizes the department to investigate and impose an administrative penalty
					 on a shipper who does not provide a shipper's certificate of weight as required
					 under Transportation Code, §
										623.274(b)
					 or provides false information on a shipper's certificate of weight that the
					 shipper delivers to a person transporting a shipment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter A - GENERAL PROVISIONS › Section 221.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										1001.002,
					 provides that the department shall administer and enforce Occupations Code,
					 Chapter 2302. Chapter 2302 provides that a person may not act as a salvage
					 vehicle dealer, unless the department issues that person a salvage vehicle
					 dealer license, or an independent motor vehicle dealer's general distinguishing
					 number issued under Chapter 503, Transportation Code, or a person is exempt
					 from licensure under Occupations Code, Chapter 2302. This chapter describes the
					 procedures by which a person obtains a salvage vehicle dealer license and the
					 rules governing how a license holder or an independent motor vehicle dealer
					 with authority to operate as a salvage vehicle dealer, must operate, and the
					 procedures by which the department will administer and enforce Occupations
					 Code, Chapter 2302, and this chapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter A - GENERAL PROVISIONS › Section 221.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Board--The Board of the
				  Texas Department of Motor Vehicles.
(2) Casual sale--A sale as defined by
				  Transportation Code, §
										501.091.
(3) Component part--As defined by Occupations
				  Code, §2302.251.
(4)
				  Day--Means a calendar day unless otherwise stated.
(5) Department--The Texas Department of Motor
				  Vehicles.
(6) Director--Means the
				  division director that regulates the distribution and sales of motor vehicles,
				  including any department staff to whom the director delegates any duty assigned
				  under this chapter.
(7) General
				  Distinguishing Number (GDN)--As defined by Occupations Code, §
										2301.002.
(8) License holder--A person that holds a
				  salvage vehicle dealer license or an independent motor vehicle dealer GDN that
				  authorizes the dealer to operate as a salvage vehicle dealer.
(9) Metal recycler--As defined by
				  Transportation Code, §
										501.091.
(10) Nonrepairable motor vehicle--As defined
				  by Transportation Code, §
										501.091.
(11) Nonrepairable record of title--As
				  defined by Transportation Code, §
										501.091.
(12) Nonrepairable vehicle title--As defined
				  by Transportation Code, §
										501.091.
(13) Out-of-state buyer--As defined by
				  Transportation Code, §
										501.091.
(14) Out-of-state ownership document--As
				  defined by Transportation Code, §
										501.091.
(15) Person--As defined by Occupations Code,
				  §
										2301.002.
(16) Public highway--As defined by
				  Transportation Code, §
										502.001.
(17) Retail sale--As defined by Occupations
				  Code, §2301.002.
(18) Salvage
				  motor vehicle--As defined by Transportation Code, §
										501.091.
(19) Salvage record of title--As defined by
				  Transportation Code, §
										501.091.
(20) Salvage vehicle dealer--As defined by
				  Transportation Code, §
										501.091.
(21) Salvage vehicle title--As defined by
				  Transportation Code, §
										501.091.
(22) Used part--As defined by Transportation
				  Code, §501.091.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.11 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must
				  hold a salvage vehicle dealer license, or an independent motor vehicle dealer's
				  general distinguishing number issued under Chapter 503; Transportation Code to:
(1) act as a salvage vehicle dealer or
				  rebuilder; or
(2) store or display
				  a motor vehicle as an agent or escrow agent of an insurance
				  company.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.13 - License Terms and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The term of a
				  salvage vehicle dealer license issued by the department under Occupations Code,
				  Chapter 2302, and this chapter, is two years. The fee for a salvage vehicle
				  dealer license is $190. The entire amount of the fee is due at the time of
				  application for the license.
(b)
				  The department may prorate the fee for a salvage vehicle dealer license to
				  allow the salvage vehicle dealer license to expire on the same day as another
				  license issued by the department under Occupations Code, Chapter 2301; Chapter
				  2302; or Transportation Code, Chapter 503.
(c) The fee for a license amendment is $25
				  and applies to a license amendment changing a license holder's name, changing
				  ownership or management, or when adding a new business address and assumed
				  name.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.14 - License Applications Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  salvage vehicle dealer license may be issued for multiple locations within a
				  single county. A separate license and fee is required for a business location
				  in another county.
(b) An
				  application for a new license, license amendment, or license renewal filed with
				  the department must be:
(1) on a form
				  approved by the department;
(2)
				  completed by the applicant, license holder, or authorized representative who is
				  an employee, a licensed attorney, or a certified public accountant;
				  and
(3) accompanied by the required
				  fee from an account held by the applicant or license holder, or from a trust
				  account of the applicant's or license holder's attorney or certified public
				  accountant.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.16 - Required Attachments to the License Application

Current through Reg. 49, No. 28; July 12, 2024
A legible and accurate electronic image of each applicable
					 required document must be attached to the license application:
(1) the certificate of filing, certificate of
				  incorporation, or certificate of registration on file with the Secretary of
				  State, if applicable;
(2) each
				  assumed name certificate on file with the Secretary of State or county
				  clerk;
(3) at least one of the
				  following valid and current identity documents for each natural person listed
				  in the application:
(A) driver's
				  license;
(B) Texas Identification
				  Card issued by the Texas Department of Public Safety under Transportation Code,
				  Chapter 521, Subchapter E;
(C)
				  license to carry a handgun issued by the Texas Department of Public Safety
				  under Government Code, Chapter 411, Subchapter H;
(D) United States or foreign passport;
				  or
(E) United States military
				  identification card;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.17 - License Processing for Military Service Members, Spouses, and Veterans

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will process a license,
				  amendment, or renewal application submitted for licensing of a military service
				  member, military spouse, or military veteran in accordance with Occupations
				  Code, Chapter 55. A license holder who fails to timely file a sufficient
				  renewal application because the license holder was on active duty is exempt
				  from any increased fee or penalty imposed by the department.
(b) A military service member or military
				  spouse may engage in a business or occupation for which a department issued
				  license is required if the military service member or military spouse meets the
				  requirements of Occupations Code, §
										55.0041 and this
				  section.
(1) A military service member or
				  military spouse must submit to the department:
(A) notice of the military service member or
				  military spouse's intent to engage in a business or occupation in Texas for
				  which a department issued license is required;
(B) proof of the military service member
				  being stationed in Texas and a copy of the military service member or military
				  spouse's military identification card; and
(C) documentation demonstrating that the
				  military service member or military spouse is licensed and in good standing in
				  another jurisdiction for the relevant business or
				  occupation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.18 - Additional, New, or Closed Location

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  license holder intends to conduct business at more than one location within the
				  same county, the applicant must:
(1) notify
				  the department no later than 10 days before opening the additional location by
				  electronically submitting a license amendment application in the
				  department-designated licensing system;
(2) acknowledge that the additional location
				  is and will remain in compliance with all ordinances and rules of the
				  municipality or county for the additional location and board rules;
				  and
(3) obtain approval from the
				  department before conducting business at the additional
				  location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.19 - Notice of Change in License Holder Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A license holder shall notify the department by electronically submitting a
				  license amendment application in the department-designated licensing system to
				  amend its license within 30 days of a change in the license holder's business
				  name or assumed name. Upon submission of an amendment to change the business
				  name or assumed name, the department shall reflect the new business name in the
				  department's records. The dealer shall retain the same salvage vehicle dealer
				  license number except if the business name change is the result of a change in
				  the type of entity being licensed, such as a sole proprietorship becoming a
				  corporation, or if the ownership of the business changes as discussed in
				  subsection (b) of this section.
(b)
				  A salvage vehicle dealer shall notify the department by electronically
				  submitting a license amendment application in the department-designated
				  licensing system within 30 days of a change to:
(1) the entity type of the applicant or
				  license holder;
(2) the departure
				  or addition of any person reported to the department in the original license
				  application or most recent renewal application, including any person described
				  in §
											211.2 of this title (relating to
				  Application of Subchapter);
(3) an
				  ownership, organizational, managerial, or other business arrangement that would
				  allow the power to direct or cause the direction of the management and policies
				  and activities of an applicant or license holder, whether directly or
				  indirectly, to be established in or with a person not described in paragraph
				  (1) or (2) of this subsection; or
(4) a business email address, telephone
				  number, mailing address, or change in license contact.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter B - LICENSING › Section 221.20 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A salvage
				  vehicle dealer license expires on the second anniversary of the date the
				  license was issued.
(b) The salvage
				  vehicle dealer license may be renewed for an additional period of two years
				  upon timely submission of a renewal application on a form approved by the
				  department with all required information, attachments, and fees. A renewal
				  application is considered "timely" submitted if the renewal application with
				  all required information, attachments, and required fees are received by the
				  department on or before the expiration date of the existing license.
(c) The department will send a written notice
				  of expiration to a license holder's email address at least 31 days before
				  expiration of a license.
(d)
				  Failure by the department to send written notice of expiration under this
				  section does not relieve a license holder from timely renewing a
				  license.
(e) The renewal fee for
				  salvage vehicle dealer license is $170.
(f) A license holder may renew an expired
				  license by submitting a renewal application and paying a late renewal fee of
				  $85 in addition to the renewal fee, if 90 or fewer days have elapsed since the
				  license expired.
(g) A license
				  holder may renew an expired license by submitting a renewal application and
				  paying a late renewal fee of $170 in addition to the renewal fee, if more than
				  90 days but less than one year has elapsed since the license expired.
(h) If a license has been expired for one
				  year or longer and the department has not received a renewal application, the
				  department will close the license, and the license holder must apply for a new
				  license.
(i) In accordance with
				  Government Code, §
										2001.054, a license
				  holder that timely submits a renewal application under subsection (b) of this
				  section may continue to operate under the expired license until the status of
				  the renewal application is determined by the department.
(j) If the department does not receive a
				  timely renewal application with all required information and attachments and
				  the applicable renewal fee on or before the license expiration date, a salvage
				  vehicle dealer may not engage in the activities that require the license until
				  the license has been renewed by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.41 - Location Requirements

Current through Reg. 49, No. 28; July 12, 2024
A salvage vehicle dealer must meet and maintain the
					 following requirements at each licensed business location during the term of
					 the license.
(1) If the licensed
				  business location is not owned by the license holder, the license holder must
				  maintain a lease that is continuous during the period of time for which the
				  license will be issued. The lease agreement must be on a properly executed form
				  containing at a minimum:
(A) the name of the
				  property owner as the lessor of the premises and the name of the dealer as the
				  tenant or lessee of the premises;
(B) the period of time for which the lease is
				  valid;
(C) the street address or
				  legal description of the property, provided that if only a legal description of
				  the property is provided, the license holder must attach a statement verifying
				  that the property description in the lease agreement is the physical street
				  address identified on the application;
(D) the signature of the property owner as
				  the lessor and the signature of the dealer as the tenant or lessee;
				  and
(E) if the lease agreement is a
				  sublease in which the property owner is not the lessor, the dealer must also
				  obtain a signed and notarized statement from the property owner including the
				  following information:
(i) property owner's
				  full name, email address, mailing address, and phone number; and
(ii) property owner's statement confirming
				  that the dealer is authorized to sublease the location and may operate a
				  salvage vehicle dealer business from the
				  location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.42 - Operations Only at Licensed Business Location

Current through Reg. 49, No. 28; July 12, 2024
A salvage vehicle dealer may not sell or offer to sell a
					 salvage motor vehicle or nonrepairable motor vehicle from any location other
					 than a licensed business location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.43 - Business Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) The office of a
				  salvage vehicle dealer who sells to a retail customer shall be open at least
				  four days per week for at least four consecutive hours per day and may not be
				  open solely by appointment. The office of a salvage pool operator selling only
				  to a wholesale dealer must be open at least two weekdays per week for at least
				  two consecutive hours per day and may not be open solely by appointment. The
				  business hours must be posted at the main entrance of the business's office
				  that is accessible to the public.
(b) The license holder or a bona fide
				  employee of the license holder shall be at the licensed business location
				  during the posted business hours for the purpose of operating the salvage
				  business and allowing the inspection of the business location and
				  records.
(c) If the license holder
				  or a bona fide employee of the license holder is not available to conduct
				  business during the posted business hours due to special circumstances or
				  emergencies, a separate sign must be posted indicating the date and time the
				  license holder or bona fide employee of the license holder will resume
				  operations at the licensed business location.
(d) Regardless of the license holder's
				  business hours, the license holder's telephone must be answered from 8:00 a.m.
				  to 5:00 p.m. weekdays by a bona fide employee, owner, answering service,
				  voicemail service, or answering machine.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.44 - Business Sign Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The license
				  holder must display a permanent business sign with letters at least six inches
				  in height showing the license holder's business name or assumed name as
				  reflected on the license issued by the department. A business sign is
				  considered permanent only if it is made of durable, weather-resistant
				  material.
(b) A business sign must
				  be permanently mounted at each physical business address listed on the license.
				  A business sign is considered permanently mounted if bolted to an exterior
				  building wall or bolted or welded to a dedicated sign pole or sign support
				  permanently installed in the ground.
(c) A license holder may use a temporary sign
				  or banner if that license holder can show proof that a business sign that meets
				  the requirements of this paragraph has been ordered and provides a written
				  statement that the business sign will be promptly and permanently mounted upon
				  delivery.
(d) A license holder is
				  responsible for ensuring that the business sign complies with municipal
				  ordinances, and that any lease signage requirements are consistent with the
				  signage requirements in this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.45 - Business Office

Current through Reg. 49, No. 28; July 12, 2024
(a) The license
				  holder's office must be located at the licensed business location in a building
				  with a permanent roof and connecting exterior walls on all sides.
(b) A license holder's office structure must
				  comply with all applicable local zoning ordinances and deed
				  restrictions.
(c) A license
				  holder's office may not be located within a residence, apartment house or
				  building, hotel, motel, rooming house, or any room or building not open to the
				  public.
(d) A portable-type office
				  structure may qualify as a business office only if the structure meets the
				  requirements of this section and is not a readily moveable trailer or other
				  vehicle.
(e) A license holder's
				  office may not be virtual or provided by a subscription for office space or
				  office services.
(f) The physical
				  address of the salvage vehicle dealer's office must be in Texas, recognized by
				  the U.S. Postal Service, and have an assigned emergency services property
				  address.
(g) A license holder's
				  office must be equipped with internet access.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.46 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
At each licensed business location, a license holder must
					 continuously display the license issued by the department in a conspicuous
					 manner that makes the license easily readable by the public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.47 - Evidence of Ownership

Current through Reg. 49, No. 28; July 12, 2024
A salvage vehicle dealer must receive a properly assigned
					 salvage vehicle title, salvage record of title, nonrepairable vehicle title,
					 nonrepairable record of title, or out-of-state ownership document, as
					 applicable, when acquiring a nonrepairable motor vehicle or salvage motor
					 vehicle in accordance with §
										217.86 of this title (relating to
					 Dismantling, Scrapping, or Destruction of Motor Vehicles).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.49 - Unique Inventory Number

Current through Reg. 49, No. 28; July 12, 2024
Occupations Code, §
										2302.255, sets out
					 the requirements for a salvage vehicle dealer in assigning a unique inventory
					 number when the salvage vehicle dealer purchases or takes delivery of a
					 component part.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.50 - Restrictions on Sales of Flood Damaged Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle that is a nonrepairable
				  motor vehicle or salvage motor vehicle based solely on flood damage may be sold
				  or transferred only as provided by this section and §
										217.88 of this title (relating to
				  Sale, Transfer, or Release of Ownership of a Nonrepairable or Salvage Motor
				  Vehicle).
(b) A salvage vehicle
				  dealer may sell, transfer, or release a nonrepairable motor vehicle or salvage
				  motor vehicle if the salvage vehicle dealer provides a written disclosure that
				  the vehicle has been classified as a nonrepairable motor vehicle or salvage
				  motor vehicle based solely on flood damage.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.51 - Duty to Identify Motor Vehicles Offered for Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) A salvage vehicle dealer shall place a
				  notice on each salvage motor vehicle it displays or offers for sale that:
(1) is visible from outside of the salvage
				  motor vehicle;
(2) contains
				  lettering that is two inches or more in height identifying the vehicle is a
				  salvage motor vehicle; and
(3)
				  states as follows:
"This is a salvage titled vehicle that cannot be
				  operated on a public highway. If the salvaged vehicle is to be registered in
				  Texas, the purchaser must apply to a county tax assessor-collector's office,
				  surrender the salvage title, submit the required information on repairs that
				  have been made to the vehicle and pay the applicable fees before the vehicle
				  may be titled and/or registered to operate on the public
				  highway."
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.52 - Export-only Sales

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder
				  may sell a nonrepairable motor vehicle or a salvage motor vehicle to a person
				  who resides in a jurisdiction outside the United States only as provided by
				  Transportation Code, §
										501.099 and
				  §
										217.88 of this title (relating to
				  Sale, Transfer, or Release of Ownership of a Nonrepairable or Salvage Motor
				  Vehicle).
(b) A legible copy of the
				  purchaser's photo identification document must be maintained in the records of
				  the license holder for a period of 36 months after the sale of a salvage motor
				  vehicle or a nonrepairable motor vehicle for "export-only."
(c) The limitation on the number of casual
				  sales that may be made to a person under §
										221.53 of this title (relating to
				  Casual Sales) does not apply to sales to a person who resides in a jurisdiction
				  outside the United States and who purchases salvage motor vehicles and
				  nonrepairable motor vehicles for "export-only."
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.53 - Casual Sales

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder
				  may not make more than five (5) casual sales of salvage motor vehicles or
				  nonrepairable motor vehicles during a calendar year to the same
				  person.
(b) A license holder must
				  maintain records of each casual sale made in accordance with §
										217.88 of this title (relating to
				  Sale, Transfer, or Release of Ownership of a Nonrepairable or Salvage Motor
				  Vehicle).
(c) A person who
				  purchases a salvage motor vehicle or a nonrepairable motor vehicle through a
				  casual sale may not sell that salvage motor vehicle or nonrepairable motor
				  vehicle until the salvage vehicle title, salvage record or title, nonrepairable
				  vehicle title or nonrepairable record of title, as applicable, is in the
				  person's name.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter C - LICENSED OPERATIONS › Section 221.54 - Criteria for Site Visits

Current through Reg. 49, No. 28; July 12, 2024
In determining whether to conduct a site visit at an active
					 salvage vehicle dealer's location, the department will consider whether the
					 dealer has:
(1) failed to respond to a
				  records request;
(2) failed to
				  operate from the license location;
(3) an enforcement history that reveals
				  failed compliance inspections or multiple complaints with administrative
				  sanctions being taken by the department;
(4) a business location that fails to meet
				  premises or operating requirements under this chapter; or
(5) records that require further
				  investigation by the department.