reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter B - MOTOR CARRIER REGISTRATION › Section 218.17 - Unified Carrier Registration System

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  State of Texas, through the department, shall participate in the federal motor
				  carrier registration program under the Unified Carrier Registration System plan
				  and agreement.
(b) An interstate
				  motor carrier operating in Texas, as well as a broker, freight forwarder, motor
				  private carrier of property, and leasing company, must register and comply with
				  the provisions of the Unified Carrier Registration System as required by
				  49 U.S.C.
				  §
											14504a and the UCR plan and
				  agreement.
(c) The department
				  adopts by reference the July 14, 2016, version of the Unified Carrier
				  Registration Agreement. A copy of the agreement is available for review in the
				  Motor Carrier Division, Texas Department of Motor Vehicles.
(d) An application for UCR must be filed
				  online as prescribed by the department, or an application must be filed with
				  the department on a form prescribed by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter B - MOTOR CARRIER REGISTRATION › Section 218.18 - Short-Term Lease and Substitute Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration. A short-term lease vehicle
				  registered under this section is exempt from the registration requirements
				  described in §
										218.13
				  of this title (relating to Application for Motor Carrier Registration) while
				  leased to a registered motor carrier.
(1)
				  Application. A leasing business registering vehicles under this section shall
				  file an application on a form prescribed by the director.
(2) Annual report. The operation of a
				  short-term lease vehicle shall be reported to the department on a form
				  prescribed by the director not later than April 1 of each calendar year for the
				  previous calendar year's operations. The report must identify the number of
				  short-term lease vehicles that would otherwise be subject to the registration
				  requirements of this subchapter.
(3) Fees. An annual registration fee of $10
				  per vehicle operated must be paid at the time the report is filed under
				  paragraph (2) of this subsection.
(4) Cancellation, expiration, and revocation.
(A) A leasing business must make a written
				  request for cancellation of registration.
(B) A leasing business registration expires
				  on April 30 of each year unless the leasing business reports by April 1 the
				  actual number of vehicles requiring registration operated in the previous
				  calendar year.
(C) The department
				  may suspend or revoke a leasing business registration under §
												218.72
				  of this title (relating to Administrative Sanctions).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter C - RECORDS AND INSPECTIONS › Section 218.30 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to advise motor carriers
					 registered under Subchapter B of this chapter (relating to Motor Carrier
					 Registration) of the information and records they are required to maintain,
					 where the records must be maintained, how long the records must be maintained,
					 and department procedures for examining records and inspecting a motor
					 carrier's premises.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter C - RECORDS AND INSPECTIONS › Section 218.31 - Investigations and Inspections of Motor Carrier Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification of department
				  investigators. In accordance with Transportation Code, Chapter 643, the
				  executive director or designee will designate department employees as certified
				  for the purpose of entering the premises of a motor carrier to copy or verify
				  documents the motor carrier is required to maintain according to this chapter.
				  The executive director or designee shall provide credentials to department
				  investigators identifying them as department employees and as certified to
				  conduct investigations and inspect records on behalf of the
				  department.
(b) Investigations and
				  Inspections.
(1) A motor carrier shall grant
				  a department investigator certified under this section access to the carrier's
				  premises to conduct inspections or investigations of alleged violations of this
				  chapter and of Transportation Code, Chapters 643 and 645. The motor carrier
				  shall provide adequate work space with reasonable working conditions and allow
				  the department investigators to copy and verify records and documents the motor
				  carrier is required to maintain according to this chapter.
(2) The department investigator may conduct
				  inspections and investigations during normal business hours unless mutual
				  arrangements have been made otherwise.
(3) The department investigator will present
				  his or her credentials to the motor carrier prior to conducting an
				  investigation or inspection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter C - RECORDS AND INSPECTIONS › Section 218.32 - Motor Carrier Records

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  records to be maintained. Every motor carrier shall prepare and maintain in a
				  complete and accurate manner:
(1) operational
				  logs, insurance certificates, documents to verify the carrier's operations, and
				  proof of registration fee payments;
(2) records of services performed;
(3) all certificate of title documents,
				  weight tickets, permits for oversize or overweight vehicles and loads, dispatch
				  records, or any other document that would verify the operations of the vehicle
				  to determine the actual weight, insurance coverage, size, and/or capacity of
				  the vehicle; and
(4) the original
				  certificate of registration and registration listing, if applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter C - RECORDS AND INSPECTIONS › Section 218.33 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
A motor carrier who fails or refuses to permit an
					 inspection, fails to maintain and make available the requisite records, or
					 otherwise fails to comply with the requirements of this subchapter commits a
					 violation subject to enforcement under Chapter 224 of this title (relating to
					 Adjudicative Practice and Procedure).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter D - MOTOR TRANSPORTATION BROKERS › Section 218.41 - Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing. A motor transportation broker
				  shall file a bond with the department before it may act as a motor
				  transportation broker.
(b)
				  Conditions of bond.
(1) The bond shall be:
(A) in an amount of at least
				  $10,000;
(B) executed by a bonding
				  company authorized to do business in the state of Texas; and
(C) payable to the State of Texas or a person
				  to whom the motor transportation broker provides services.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter D - MOTOR TRANSPORTATION BROKERS › Section 218.42 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Bond review fee. Upon submission of a
				  bond to the department, the motor transportation broker shall include a bond
				  review fee of $5, payable as described in subsection (b) of this
				  section.
(b) Payment of fees.
(1) Non-refundable. All fees paid to the
				  department as provided for in this section are non-refundable.
(2) Payment methods. All fees shall be paid
				  to the department as provided by §
											209.23 of this
				  title (relating to Methods of Payment).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.50 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter sets forth the department's policies and
					 procedures to protect shippers of household goods against deceptive or unfair
					 practices and unreasonably hazardous activities on the part of a household
					 goods carrier. This subchapter also provides a mediation process administered
					 by the department for claims on household goods shipments. Shipments of
					 household goods transported subject to a United States Government Bill of
					 Lading or to a written agreement with the United States Department of Defense
					 are exempt from §§
										218.53-
					 218.62
					 of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.51 - Household Goods Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) Appointment of
				  household goods agent. A household goods carrier may appoint a household goods
				  agent to represent the household goods carrier's business interests in
				  Texas.
(b) Liability. A household
				  goods carrier is responsible for the acts, delinquencies, omissions, and
				  conduct of each of its household goods agents while acting on behalf of the
				  household goods carrier.
(c) Agent
				  filing. A household goods carrier shall file with the department, on a form
				  approved by the director, a current, accurate list of its household goods
				  agents and their addresses.
(1) A household
				  goods carrier using alternative vehicle registration under §
											218.13(g)
				  of this title (relating to Application for Motor Carrier Registration) shall
				  notify the department 30 days prior to the creation or termination of an agency
				  agreement.
(2) A household goods
				  carrier not using the alternative vehicle registration shall notify the
				  department on or before January 1, April 1, July 1, and October 1, of each year
				  of the creation or termination of an agency agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.52 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) False, misleading, or deceptive
				  advertisements. A household goods carrier and its household goods agents may
				  not use any false, misleading, or deceptive advertisements.
(b) Print advertisements. A household goods
				  carrier shall include the following information on all print advertisements
				  primarily addressing a local market within this state:
(1) the full business name or assumed name of
				  the household goods carrier as shown on the certificate of
				  registration;
(2) the street
				  address of the household goods carrier's or its agent's place of business in
				  this state; and
(3) the household
				  goods carrier's certificate of registration number in the following form,
				  "TxDMV No. ________".
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.53 - Household Goods Carrier Cargo Liability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless the carrier and shipper agree in writing to a higher limit of carrier
				  liability, a household goods carrier's liability for loss or damage of property
				  shall be $.60 per pound per article. Claims for loss or damage of property may
				  be settled based on the weight of the article multiplied by $.60.
(b) If the carrier and shipper have agreed in
				  writing to a higher limit of liability, the carrier may charge the shipper for
				  this higher limit of liability. If the agreement between the carrier and
				  shipper to a higher limit of liability provides for a deductible, the carrier's
				  liability to pay for loss or damage of property will be reduced by the amount
				  of the deductible.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.54 - Selling Insurance to Shippers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Type of insurance. A household goods carrier and its representatives may sell,
				  or offer to sell, or procure insurance for a shipper for transported or stored
				  property. The insurance policy must cover loss or damage in excess of the
				  household goods carrier liability as specified in §
										218.53
				  of this title (relating to Household Goods Carrier Cargo Liability).
(b) Policy issuance. A copy of the policy or
				  other appropriate evidence of purchased insurance must be issued to the shipper
				  before the shipment is loaded.
(c)
				  Policy language. Policies or other appropriate evidence of purchased insurance
				  must be written in a clear and concise manner, specifying the nature and extent
				  of coverage including any deductibles. The policies or other appropriate
				  evidence of purchased insurance must also clearly indicate:
(1) the name, address, and telephone number
				  of the insurance company;
(2) the
				  policy number; and
(3) a statement
				  of whether claims are to be filed with the insurance company or with the
				  household goods carrier.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.55 - Information for Shippers

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  household goods carrier provides the shipper with an original written proposal,
				  as required in §
										218.56
				  of this title (relating to Proposals and Estimates for Moving Services), the
				  household goods carrier shall also provide a copy of the information sheet
				  entitled, Your Rights and Responsibilities When You Move in Texas as prescribed
				  by the director.
(b) The household
				  goods carrier may duplicate the department's form provided the exact text is
				  reproduced in a legible manner in at least 10 point type font. No additional
				  information that interferes with or alters the text may be added to the
				  form.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.56 - Proposals and Estimates for Moving Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Written proposals. Prior to loading, a household goods carrier shall provide a
				  written proposal, such as a bid or quote, to the shipper. A proposal shall
				  state the maximum amount the shipper could be required to pay for the listed
				  transportation and listed related services. This section does not apply if a
				  pre-existing transportation contract sets out the maximum amount the shipper
				  could be required to pay for the transportation services. Pre-existing
				  transportation contracts include, but are not limited to, corporate contracts
				  for the relocation of multiple employees.
(1)
				  A proposal must contain the name and registration number of the household goods
				  carrier as they appear on the motor carrier certificate of registration. If a
				  proposal is prepared by the household goods carrier's agent, it shall include
				  the name of the agent as listed on the carrier's agent filing with the
				  department. A proposal shall also include the street address of the household
				  goods carrier or its agent.
(2) A
				  proposal must clearly and conspicuously state whether it is a binding or
				  not-to-exceed proposal.
(3) A
				  proposal must completely describe the shipment and all services to be provided.
				  A proposal must state, "This proposal is for listed items and services only.
				  Additional items and services may result in additional costs."
(4) A proposal must specifically state when
				  the shipper will be required to pay the transportation charges, such as if
				  payment must be made before unloading at the final destination. A proposal must
				  also state what form of payment is acceptable, such as a cashier's
				  check.
(5) A proposal must
				  conspicuously state that a household goods carrier's liability for loss or
				  damage to cargo is limited to $.60 per pound per article unless the household
				  goods carrier and shipper agree, in writing, to a higher limit of carrier
				  liability.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.57 - Moving Services Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements. A
				  household goods carrier must give a copy of the moving services contract to the
				  shipper prior to the loading of the shipment. This copy must include:
(1) the name and motor carrier registration
				  number of the household goods carrier as they appear on the motor carrier
				  certificate of registration, and the address and telephone number of the
				  household goods carrier or the household goods agent that prepared the moving
				  services contract;
(2) the date the
				  shipment is loaded and a description of the shipment as household
				  goods;
(3) the name and address of
				  the shipper;
(4) the addresses of
				  the:
(A) origin;
(B) destination, if known; and
(C) any stops in transit, if known;
(5) the moving services to be
				  performed;
(6) the conspicuous
				  statement, "A household goods carrier's liability for loss or damage to any
				  shipment is $.60 per pound per article, unless the carrier and shipper agree,
				  in writing, to a greater level of liability.";
(7) a conspicuous explanation of any
				  agreement for increased carrier liability limit, the amount of increased
				  carrier liability, the cost of the increased limit, any deductible above the
				  carrier's $.60 per pound per article liability, and the statement, "This is not
				  insurance.";
(8) a clear notice of
				  the amount of any insurance for property that is transported or stored, the
				  amount of insurance premiums, and the insurance policy number, if insurance for
				  the shipment was purchased from or through the household goods
				  carrier;
(9) the conspicuous
				  statement, "This is a contract for moving services and is subject to the terms
				  and conditions on the front and back of this document and any
				  addendum.";
(10) a description of
				  whether the proposal is a binding or not-to-exceed proposal, and the maximum
				  price the shipper could be required to pay for the services listed;
(11) a statement authorizing performance of
				  the listed services, signed and dated by the household goods carrier and the
				  shipper; and
(12) a statement
				  signed and dated by the shipper authorizing delivery of household goods at a
				  destination where the shipper is not present if the shipper intends for the
				  household goods carrier to deliver to a site where the shipper will not be
				  present.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.58 - Moving Services Contract - Options for Carrier Limitation of Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Household goods shipments transported
				  between points in Texas shall be subject to all terms and conditions of the
				  moving services contract, as set forth in §
											218.57
				  of this title (relating to Moving Services Contract), except in cases where
				  such terms and conditions are in conflict with the laws of the State of
				  Texas.
(2) If a household goods
				  carrier chooses to use additional limitations of liability on a shipment, the
				  limitations shall be either of the options specified in subsections (b) or (c)
				  of this section. A household goods carrier may not alter or expand on the
				  limitation to its liability or the exact wording set out in subsections (b) or
				  (c) of this section. The option selected by the household goods carrier shall
				  be included with and is part of the moving services contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.59 - Inventories

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. A household goods carrier
				  has the option of preparing an inventory of the shipment.
(b) Inventories prepared by the carrier. A
				  household goods carrier may prepare a complete or partial inventory for its own
				  use without an agreement between the carrier and shipper. The household goods
				  carrier may not charge a fee for preparing an inventory for its own
				  use.
(c) Inventories prepared by
				  agreement between the carrier and shipper. If the household goods carrier and
				  shipper agree to the preparation of an inventory by the carrier, the carrier
				  may assess a fee for this service.
(1)
				  Information contained in the inventory.
(A)
				  The inventory must contain the shipper's name. The inventory may include the
				  name of the household goods carrier's agent as it is listed on the carrier's
				  agent filing with the department.
(B) The inventory must describe each item in
				  the shipment, unless the parties agree to a partial inventory. The shipper and
				  the carrier may agree regarding the amount of detail that must be included in
				  the inventory.
(C) If any charges
				  are based on the size of the containers, the inventory must list the quantity
				  and size of each container.
(D) The
				  inventory must describe and use the symbol "CP" for all containers packed or
				  crated by the carrier. Additionally, the inventory must describe and use the
				  symbol "PBO" for all containers packed or crated by the shipper.
(E) The inventory must include a key for any
				  abbreviation used to describe the condition of the items.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.60 - Determination of Weights

Current through Reg. 49, No. 28; July 12, 2024
(a) Shipment
				  weights. A carrier transporting household goods on a not-to-exceed proposal
				  using shipment weight as a factor in determining transportation charges shall
				  determine the weight of each shipment transported prior to the assessment of
				  any charges. Except as provided in this section, the weight shall be obtained
				  on a certified scale.
(b) Weighing
				  procedures.
(1) The weight of each shipment
				  shall be obtained by determining the difference between the:
(A) tare weight of the vehicle on which the
				  shipment is to be loaded prior to the loading and the gross weight of the same
				  vehicle after the shipment is loaded; or
(B) gross weight of the vehicle with the
				  shipment loaded and the tare weight of the same vehicle after the shipment is
				  unloaded.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.61 - Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing of claims. A household goods
				  carrier must act on all claims filed by a shipper on shipments of household
				  goods according to this section.
(1) A claim
				  must be filed in writing or by electronic format with the household goods
				  carrier or the household goods carrier's agent whose name appears on the moving
				  services contract. A claim is considered filed on the date the claim is
				  received by the household goods carrier or its agent. A shipper must file a
				  claim either in writing or by electronic format within 90 days:
(A) of delivery of the shipment to the final
				  destination; or
(B) after a
				  reasonable time for delivery has elapsed in the case of failure to make
				  delivery.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.62 - Mediation by the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  claimant may make a written request to the department for mediation.
(b) The claimant must attempt to resolve the
				  claim with the household goods carrier by making a reasonable effort to follow
				  the household goods carrier's claim process before requesting mediation by the
				  department.
(c) Requests for
				  mediation must be made within 30 days (excluding Sundays and nationally
				  recognized holidays) after the earliest of the following events:
(1) any portion of the claim is denied by the
				  carrier;
(2) the carrier makes a
				  firm settlement offer that is not acceptable to the claimant; or
(3) 90 days has elapsed since the carrier
				  received the claim and the carrier has not responded to the claimant as
				  prescribed in §
											218.61(b)(2)
				  of this title (relating to Claims).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter E - CONSUMER PROTECTION › Section 218.65 - Tariff Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission. In
				  accordance with Transportation Code, §
										643.153,
				  a household goods carrier and/or its household goods agent shall file a tariff
				  with the department. A household goods carrier who is not a member of an
				  approved association under §
										218.64 of this
				  title (relating to Rates) shall file a tariff individually. In lieu of filing
				  individually, a household goods carrier or its household goods agent, that is a
				  member of an approved association in accordance with §218.64, may
				  designate a collective association as its ratemaking association. The
				  association may file a tariff, as required by this subsection, for member
				  carriers.
(1) Contents. The tariff:
(A) shall set out all rates, charges, rules,
				  regulations, or other provisions, in clear and concise terms, used to determine
				  total transportation charges;
(B)
				  may provide for the offering, selling, or procuring of insurance as provided in
				  §
												218.54
				  of this title (relating to Selling Insurance to Shippers);
(C) may provide for the base transportation
				  charge to include assumption by the household goods carrier for the full value
				  of the shipment in the event a policy or other appropriate evidence of the
				  insurance purchased by the shipper from the household goods carrier is not
				  issued to the shipper at the time of purchase;
(D) shall describe the procedure for
				  determining charges that are below the maximum rate for each service performed;
				  and
(E) shall reference a specific
				  mileage guide or source, if information on rates and charges based on mileage
				  is included in the tariff (The referenced mileage guide shall be filed with the
				  department as an addendum to the tariff. If the household goods carrier
				  utilizes a computer database as a mileage guide, the household goods carrier
				  shall allow department personnel free access to the system when conducting an
				  inquiry regarding a specific movement performed by the household goods
				  carrier).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter F - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 218.70 - 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 643
					 and 645, as well as the probation of the suspension of a motor carrier's
					 certificate of registration. This subchapter also provides for the assessment
					 of civil penalties in certain cases under federal law regarding the interstate
					 movement of household goods. The enforcement actions under this chapter are
					 governed by Chapter 224 of this title (relating to Adjudicative Practice and
					 Procedure) and Transportation Code, Chapters 643 and 645, as
					 applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter F - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 218.71 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. The
				  department, after notice and opportunity for hearing, may impose an
				  administrative penalty against the following:
(1) a motor carrier that violates a provision
				  of Transportation Code, Chapter 643 or Chapter 645 or violates a rule or order
				  adopted under Transportation Code, Chapter 643 or Chapter 645; or
(2) a motor carrier or broker that violates a
				  federal law or regulation, the enforcement of which has been delegated to the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter F - ADMINISTRATIVE PENALTIES AND SANCTIONS › Section 218.72 - Administrative Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Grounds for
				  suspension, revocation, denial, and probation. Transportation Code, §
										643.252 provides
				  the grounds on which the department can suspend, revoke, or deny a certificate
				  of registration issued under Transportation Code, Chapter 643. Transportation
				  Code, §643.252 also provides the grounds on which the department can place
				  on probation a motor carrier whose registration is suspended.
(b) Department of Public Safety enforcement
				  recommendations.
(1) The department may
				  suspend or revoke a certificate of registration of a motor carrier upon a
				  written request by the Department of Public Safety, if a motor carrier:
(A) has an unsatisfactory safety rating under
				  49 C.F.R., Part 385; or
(B) has
				  multiple violations of Transportation Code, Chapter 644, a rule adopted under
				  that chapter, or Transportation Code, Title 7, Subtitle C.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter G - FINANCIAL RESPONSIBILITY FOR FOREIGN COMMERCIAL MOTOR VEHICLES › Section 218.80 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to comply with
					 Transportation Code, §
										648.102.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter G - FINANCIAL RESPONSIBILITY FOR FOREIGN COMMERCIAL MOTOR VEHICLES › Section 218.81 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this subchapter are defined in
					 Transportation Code, Chapter 648, unless the context clearly indicates
					 otherwise.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter G - FINANCIAL RESPONSIBILITY FOR FOREIGN COMMERCIAL MOTOR VEHICLES › Section 218.82 - Financial Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Intrastate
				  transportation. No motor carrier shall operate a foreign commercial motor
				  vehicle in intrastate transportation in Texas, unless the motor carrier obtains
				  and has in effect an insurance policy which covers at least the minimum level
				  required by 49 C.F.R. Part 387. However, if the motor carrier is required to
				  register with the department under Transportation Code, Chapter 643, the motor
				  carrier must comply with the financial responsibility requirements in §
										218.16 of
				  this title (relating to Insurance Requirements). For the purposes of this
				  subsection, intrastate transportation is any transportation on a public road or
				  highway in Texas that is not described in
				  49 U.S.C.
				  §13501.
(b) The department adopts by reference 49
				  C.F.R. Part 387. Effective October 23, 2015, the department adopts by reference
				  the amendments to 49 C.F.R. Part 387 with an effective date of October 23,
				  2015.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The department is responsible for regulating the movement
					 of oversize and overweight vehicles and loads on the state highway system, in
					 order to insure the safety of the traveling public, and to protect the
					 integrity of the highways and the bridges. This responsibility is accomplished
					 through the issuance of permits for the movement of oversize and overweight
					 vehicles and loads. The sections under this chapter prescribe the policies and
					 procedures for the issuance of permits. All applications for permits and all
					 questions regarding the permits should be directed to the department, even
					 though TxDOT is responsible for certain issues regarding
					 permits.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The department is responsible for regulating the movement
					 of oversize and overweight vehicles and loads on certain public roadways in
					 this state, in order to ensure the safety of the traveling public, and to
					 protect the integrity of the public roadways and the bridges. This
					 responsibility is accomplished through the issuance of permits for the movement
					 of oversize and overweight vehicles and loads. The sections under this chapter
					 prescribe the policies and procedures for the issuance of permits and the
					 filing of surety bonds. All applications for permits and all questions
					 regarding the permits should be directed to the department, even though TxDOT
					 is responsible for certain issues regarding permits.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.3 - Surety Bonds for Vehicles Transporting Recyclable Materials or Solid Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) Surety bond required. A surety bond is
				  required for:
(1) vehicles used exclusively
				  to transport recyclable materials operated under the provisions of
				  Transportation Code, §
											622.134;
				  and
(2) vehicles used exclusively
				  to transport solid waste under the provisions of Transportation Code, §
											623.163.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.5 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for a permit under this
				  chapter must be filed with the department and must be:
(1) made in a form and filed by the method
				  prescribed by the department on its website;
(2) completed by the applicant or an
				  authorized representative of the applicant; and
(3) accompanied by the required fee, which
				  shall be payable as provided by §
											209.23 of this title (relating to
				  Methods of Payment).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.7 - Amendments to Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General amendment guidelines. Except as
				  provided by subsection (b) of this section, any part of a permit may be amended
				  under the guidelines in this subsection, notwithstanding any other sections in
				  this chapter regarding limitations on amending a permit.
(1) Any amendment that is necessary to
				  correct an error made by department staff or the department's designated
				  permitting system may be made provided the price of the permit or the permit
				  type does not change.
(2) An
				  expired permit may only be amended if it expired on a day on which the
				  department was closed or the department's designated permitting system was not
				  operational.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.9 - Federal Highway Administration Interpretation of Federal Law

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding any provisions in this chapter, this
					 chapter does not authorize the operation of a vehicle or vehicle combination on
					 the following roadways in this state to the extent the Federal Highway
					 Administration determines the vehicle or vehicle combination exceeds the
					 applicable weight or size for such roadway under
					 23 U.S.C. §
											127,
					 49 U.S.C. §§
											31111 through
					 31114, or federal regulations
					 prescribed under 23 U.S.C.
					 §
											127 or
					 49 U.S.C. §§
											31111 through
					 31114: the federal-aid primary
					 system, the federal-aid urban system, and the federal-aid secondary system,
					 including the national system of interstate and defense highways. To the extent
					 the department learns that the Federal Highway Administration generally
					 determines a vehicle or vehicle combination exceeds the applicable weight or
					 size for such roadway under 23 U.S.C. §
											127,
					 49 U.S.C. §§
											31111 through
					 31114, or federal regulations
					 prescribed under 23 U.S.C.
					 §
											127 or
					 49 U.S.C. §§
											31111 through
					 31114 in a way that may conflict
					 with a provision in this chapter, the department will post a notice on its
					 website and may provide notice to permittees through the applicable email
					 addresses on file with the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - GENERAL PERMITS › Section 219.10 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Transportation Code, Chapters 621, 622, and 623, the department may issue
				  permits for the operation of oversize and/or overweight vehicles for:
(1) the transportation of a nondivisible load
				  or vehicle when the size or gross weight exceeds the limits allowed by
				  law;
(2) the transportation of
				  oversize portable building units and portable building compatible
				  cargo;
(3) the movement of oversize
				  manufactured housing and industrialized buildings;
(4) the movement of cylindrically shaped
				  bales of hay; and
(5) the movement
				  of water well drilling machinery and equipment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - GENERAL PERMITS › Section 219.11 - General Oversize/Overweight Permit Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  scope. This section contains general requirements relating to
				  oversize/overweight permits, including single-trip permits. Specific
				  requirements for each type of specialty permit are provided for in this
				  chapter.
(b) Prerequisites to
				  obtaining an oversize/overweight permit. Unless exempted by law or this
				  chapter, the following requirements must be met prior to the issuance of an
				  oversize/overweight permit.
(1) Commercial
				  motor carrier registration or surety bond. Prior to obtaining an
				  oversize/overweight permit, an applicant permitted under the provisions of
				  Transportation Code, Chapter 623, Subchapter D, must be registered as a
				  commercial motor carrier under Chapter 218 of this title (relating to Motor
				  Carriers) or, if not required to obtain a motor carrier registration, file a
				  surety bond with the department as described in subsection (n) of this
				  section.
(2) Vehicle registration.
				  A vehicle registered with a permit plate will not be issued an
				  oversize/overweight permit under this subchapter. A permitted vehicle operating
				  under this subchapter must be registered with one of the following types of
				  vehicle registration:
(A) current Texas
				  license plates that indicate the permitted vehicle is registered for maximum
				  legal gross weight or the maximum weight the vehicle can transport;
(B) Texas temporary vehicle
				  registration;
(C) current out of
				  state license plates that are apportioned for travel in Texas; or
(D) foreign commercial vehicles registered
				  under Texas annual registration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - GENERAL PERMITS › Section 219.11 - General Oversize/Overweight Permit Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  scope. This section contains general requirements relating to
				  oversize/overweight permits, including single-trip permits. Specific
				  requirements for each type of specialty permit are provided for in this
				  chapter.
(b) Motor carrier
				  registration or surety bond. Unless exempted by law, prior to obtaining an
				  oversize/overweight permit, an applicant permitted under the provisions of
				  Transportation Code, Chapter 623, Subchapter D, must be registered as a motor
				  carrier under Chapter 218 of this title (relating to Motor Carriers) or, if not
				  required to obtain a motor carrier registration, file a surety bond with the
				  department as described in subsection (n) of this section.
(c) Permit application.
(1) An application for a permit shall be made
				  in a form and by the method prescribed by the department, and at a minimum
				  shall include the following, unless stated otherwise in this subchapter:
(A) name, customer identification number, and
				  address of the applicant;
(B) name,
				  telephone number, and email address of contact person;
(C) applicant's USDOT Number if applicant is
				  required by law to have a USDOT Number;
(D) complete load description, including
				  maximum width, height, length, overhang, and gross weight;
(E) complete description of vehicle,
				  including truck year, make, license plate number and state of issuance, and
				  vehicle identification number, if required;
(F) vehicle axle and tire information
				  including number of axles, distance between axles, axle weights, number of
				  tires, and tire size for overweight permit applications; and
(G) any other information required by
				  law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - GENERAL PERMITS › Section 219.13 - Time Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  information. Applications for time permits issued under Transportation Code,
				  Chapter 623, and this section shall be made in accordance with §
										219.11(b) and (c)
				  of this title (relating to General Oversize/Overweight Permit Requirements and
				  Procedures). Permits issued under this section are governed by the requirements
				  of §
										219.11(e)(1) of
				  this title.
(b) 30, 60, and 90 day
				  permits. The following conditions apply to time permits issued for overwidth or
				  overlength loads, or overlength vehicles, under this section.
(1) Fees. The fee for a 30-day permit is
				  $120; the fee for a 60-day permit is $180; and the fee for a 90-day permit is
				  $240. All fees are payable in accordance with §
											219.11(f) of this
				  title. All fees are non-refundable.
(2) Validity of Permit. Time permits are
				  valid for a period of 30, 60, or 90 calendar days, based on the request of the
				  applicant, and will begin on the effective date stated on the permit.
(3) Weight/height limits. The permitted
				  vehicle may not exceed the weight or height limits set forth by Transportation
				  Code, Chapter 621, Subchapters B and C.
(4) Registration requirements for permitted
				  vehicles. Time permits will not be issued to a vehicle or vehicle combination
				  that is registered with temporary vehicle registration.
(5) Vehicle indicated on permit. The permit
				  will indicate only the truck or truck-tractor transporting the load; however,
				  any properly registered trailer or semi-trailer is covered by the
				  permit.
(6) Permit routes. The
				  permit will allow travel on a statewide basis.
(7) Restrictions.
(A) The permitted vehicle must not cross a
				  load restricted bridge or load restricted road when exceeding the posted
				  capacity of the road or bridge.
(B)
				  The permitted vehicle may travel through highway construction or maintenance
				  areas if the dimensions do not exceed the construction restrictions as
				  published by the department.
(C)
				  The permitted vehicle is subject to the restrictions specified in §
												219.11(l) of this
				  title, and the permittee is responsible for obtaining from the department
				  information concerning current restrictions.
(8) Escort requirements. Permitted vehicles
				  are subject to the escort requirements specified in §
											219.11(k) of this
				  title.
(9) Transfer of time
				  permits. Time permits issued under this subsection are non-transferable between
				  permittees or vehicles.
(10)
				  Amendments. With the exception of time permits issued under subsection (e)(4)
				  of this section, time permits issued under this subsection will not be amended
				  except in the case of permit officer error.