Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.15 - Compliance Review and Safety Audit Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules in this subsection, as
				  authorized by Texas Transportation Code, §
										644.155,
				  establish procedures to determine the safety fitness of motor carriers, assign
				  safety ratings, take remedial actions when necessary, assess administrative
				  penalties when required, and prohibit motor carriers receiving a safety rating
				  of "unsatisfactory" from operating a commercial motor vehicle. The department
				  will use compliance reviews to determine the safety fitness of motor carriers
				  and to assign safety ratings. The safety fitness determination will be assessed
				  on intrastate motor carriers and the intrastate operations of interstate motor
				  carriers based in Texas. Safety audits will be used to assess the safety
				  management of interstate motor carriers that are part of the New Entrant Safety
				  Assurance Program under Title 49, Code of Federal Regulation, Part 385, Subpart
				  D. Definitions specific to the compliance review and safety audit programs
				  shall have the following meanings unless the context shall clearly indicate
				  otherwise.
(1) Compliance review--An
				  examination of motor carrier operations to determine whether a motor carrier
				  meets the safety fitness standard.
(2) Culpability--An evaluation of the blame
				  worthiness of the violator's conduct or actions.
(3) Imminent hazard--Any condition of
				  vehicle, employees, or commercial vehicle operations which is likely to result
				  in serious injury or death if not discontinued immediately.
(4) Safety audit--An examination of a motor
				  carrier's operations to provide educational and technical assistance on safety
				  and the operational requirements of the Federal Motor Carrier Safety
				  Regulations and applicable Hazardous Materials Regulations and to gather
				  critical safety data needed to assess the carrier's safety performance and
				  basic safety management controls. Safety audits do not result in safety
				  ratings.
(5) Satisfactory safety
				  rating--A motor carrier has in place and functioning adequate safety management
				  controls to meet the safety fitness standard prescribed in
				  Title 49, Code of Federal
				  Regulation, §
												385.5 and the state
				  equivalents contained in Texas Transportation Code, Chapter 522 and Chapter
				  644, and 37 TAC Chapter 4. Safety management controls are adequate if they are
				  appropriate for the size and type of operation of the particular motor
				  carrier.
(6) Conditional safety
				  rating--A motor carrier does not have adequate safety management controls in
				  place to ensure compliance with the safety fitness standard that could result
				  in the occurrences listed in Title 49, Code of Federal Regulations, §
												385.5(a) through (k) and the
				  state equivalents contained in Texas Transportation Code, Chapter 522 and
				  Chapter 644, and 37 TAC Chapter 4.
(7) Unsatisfactory safety rating--A motor
				  carrier does not have adequate safety management controls in place to ensure
				  compliance with the safety fitness standard which has resulted in occurrences
				  listed in Title 49, Code of Federal Regulations, Part 385 .5(a) through (k) and
				  the state equivalents contained in Texas Transportation Code, Chapter 522 and
				  Chapter 644, and 37 TAC Chapter 4.
(8) For the purposes of safety ratings, Final
				  Departmental Decision is defined as:
(A) the
				  letter notifying the carrier of a satisfactory safety rating, issued under
				  subsection (b)(3)(D) of this section;
(B) the letter notifying the motor carrier of
				  a conditional safety rating on the expiration of the time period in subsection
				  (b)(3)(D)(ii) of this section, unless this changed earlier as a result of the
				  department granting a request to change the safety rating or a departmental
				  review;
(C) the letter notifying
				  the motor carrier of a final unsatisfactory safety rating issued under
				  subsection (b)(3)(D)(iii) of this section; or
(D) the letter notifying the motor carrier of
				  a decision on a safety rating as a result of a request for a change of the
				  safety rating or a departmental review.