Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 218 - MOTOR CARRIERS › Subchapter B - MOTOR CARRIER REGISTRATION › Section 218.13 - Application for Motor Carrier Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Form of application. An application for
				  motor carrier registration must be filed with the department's Motor Carrier
				  Division and must be in the form prescribed by the director and must contain,
				  at a minimum, the following information.
(1)
				  USDOT number. A valid USDOT number.
(2) Business or trade name. The applicant
				  must designate the business or trade name of the motor carrier.
(3) Owner name. If the motor carrier is a
				  sole proprietorship, the owner must indicate the name and social security
				  number of the owner. A partnership must indicate the partners' names, and a
				  corporation or other entity must indicate principal officers and
				  titles.
(4) Physical address of
				  principal place of business. A motor carrier must disclose the motor carrier's
				  principal business address. If the mailing address is different from the
				  principal business address, the mailing address must also be
				  disclosed.
(5) Legal agent.
(A) A Texas-domiciled motor carrier must
				  provide the name, telephone number, and address of a legal agent for service of
				  process if the agent is different from the motor carrier.
(B) A motor carrier domiciled outside Texas
				  must provide the name, telephone number, and Texas address of the legal agent
				  for service of process.
(C) A legal
				  agent for service of process shall be a Texas resident, a domestic corporation,
				  or a foreign corporation authorized to transact business in Texas with a Texas
				  physical address, rather than a post office box, for service of
				  process.
(6) Description
				  of vehicles. An application must include a motor carrier equipment report
				  identifying each commercial motor vehicle that requires registration and that
				  the carrier proposes to operate. Each commercial motor vehicle must be
				  identified by its motor vehicle identification number, make, model year, and
				  type of cargo and by the unit number assigned to the commercial motor vehicle
				  by the motor carrier. Any subsequent registration of vehicles must be made
				  under subsection (e) of this section.
(7) Type of motor carrier operations. An
				  applicant must state if the applicant:
(A)
				  proposes to transport passengers, household goods, or hazardous materials;
				  or
(B) is domiciled in a foreign
				  country.
(8) Insurance
				  coverage. An applicant must indicate insurance coverage as required by §
											218.16 of
				  this title (relating to Insurance Requirements).
(9) Safety certification. Each motor carrier
				  must complete, as part of the application, a certification stating that the
				  motor carrier knows and will conduct operations in accordance with all federal
				  and state safety regulations.
(10)
				  Drug-testing certification. Each motor carrier must certify, as part of the
				  application, that the motor carrier is in compliance with the drug-testing
				  requirements of 49 C.F.R. Part 382. If the motor carrier belongs to a
				  consortium, as defined by 49 C.F.R. Part 382, the applicant must provide the
				  names of the persons operating the consortium.
(11) Duration of registration.
(A) An applicant must indicate the duration
				  of the desired registration. Except as provided otherwise in this section,
				  registration may be for seven calendar days, 90 calendar days, one year, or two
				  years. The duration of registration chosen by the applicant will be applied to
				  all vehicles.
(i) Household goods carriers may
				  not obtain seven-day or 90-day certificates of registration.
(ii) Motor carriers that transport passengers
				  in a commercial motor vehicle as defined by §
													218.2(8)(A)(ii)
				  of this title (relating to Definitions) may not obtain seven-day or 90-day
				  certificates of registration, unless approved by the director.
(B) Interstate motor carriers that
				  operate in intrastate commerce and meet the requirements under §
												218.14(c)
				  of this title (relating to Expiration and Renewal of Commercial Motor Vehicles
				  Registration) are not required to renew a certificate of registration issued
				  under this section.
(12)
				  Additional requirements. The following fees, documents, and information must be
				  submitted with all applications.
(A) An
				  application must be accompanied by an application fee of:
(i) $100 for annual and biennial
				  registrations;
(ii) $25 for 90-day
				  registrations; or
(iii) $5 for
				  seven-day registrations.
(B) An application must be accompanied by a
				  vehicle registration fee of:
(i) $10 for each
				  vehicle that the motor carrier proposes to operate under a seven-day, 90-day,
				  or annual registration; or
(ii) $20
				  for each vehicle that the motor carrier proposes to operate under a biennial
				  registration.
(C) An
				  application must be accompanied by proof of insurance or financial
				  responsibility and insurance filing fee as required by §218.16.
(D) An application must include the
				  applicant's business telephone number, email address, and any cell phone
				  number.
(E) An application must
				  include the completed New Applicant Questionnaire.
(F) An application submitted by an individual
				  must include the number from one of the following forms of identification, as
				  well as a copy of the identification document:
(i) an unexpired driver's license issued by a
				  state or territory of the United States. If the driver's license was issued by
				  the Department of Public Safety, the application must also include the audit
				  number listed on the driver's license;
(ii) an unexpired identification certificate
				  issued by a state or territory of the United States; or
(iii) an unexpired concealed handgun license
				  or license to carry a handgun issued by the Department of Public Safety under
				  Government Code, Chapter 411, Subchapter H.
(G) An application submitted by an individual
				  or entity with an assumed name must be accompanied by supporting documents
				  regarding the assumed name, such as an assumed name filing in the county of
				  proposed operation.
(H) An
				  application submitted by an entity, such as a corporation, general partnership,
				  limited liability company, limited liability corporation, limited partnership,
				  or partnership, must include the entity's Texas Comptroller's Taxpayer Number
				  or the entity's Federal Employer Identification Number.
(I) An application must be accompanied by any
				  other information required by law.
(13) Additional requirements for household
				  goods carriers. The following information, documents, and certification must be
				  submitted with all applications by household goods carriers:
(A) A copy of the tariff that sets out the
				  maximum charges for transportation of household goods, or a copy of the tariff
				  governing interstate transportation services. If an applicant is governed by a
				  tariff that its association has already filed with the department under §
												218.65 of
				  this title (relating to Tariff Registration), the applicant complies with the
				  requirement in this subparagraph by checking the applicable box on the
				  application to identify the association's tariff.
(B) If the motor vehicle is not titled in the
				  name of the household goods carrier, the following lease information and
				  documentation, notwithstanding §
												218.18(a)
				  of this title (relating to Short-term Lease and Substitute Vehicles):
(i) a copy of a valid lease agreement for
				  each motor vehicle that the household goods carrier will operate; and
(ii) the name of the lessor and their USDOT
				  number for each motor vehicle leased to the household goods carrier under a
				  short-term lease.
(C) A
				  certification that the household goods carrier has procedures that comply with
				  Code of Criminal Procedure, Article 62.063(b)(3), which prohibits certain
				  people who are required to register as a sex offender from providing moving
				  services in the residence of another person without supervision.
(14) Additional requirements for
				  passenger carriers. The following information and documents must be submitted
				  with all applications for motor carriers that transport passengers in a
				  commercial motor vehicle as defined by §
											218.2(8)(A)(ii)
				  of this title:
(A) If the commercial motor
				  vehicle is titled in the name of the motor carrier, a copy of the International
				  Registration Plan registration receipt or a copy of the front and back of the
				  title for each commercial motor vehicle; or
(B) If the commercial motor vehicle is not
				  titled in the name of the motor carrier, the following lease information and
				  documentation, notwithstanding §
												218.18(a)
				  of this title:
(i) A copy of a valid lease
				  agreement for each commercial motor vehicle; and
(ii) The name of the lessor and their USDOT
				  number for each commercial motor vehicles leased to the motor carrier under a
				  short-term lease.