Part 1. TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 25. TRAFFIC OPERATIONS
Subchapter D. BICYCLE ROAD USE
The Texas Department of Transportation (department) adopts amendments to §25.50, purpose, §25.51, definitions, and §25.53, bicycle use on the state highway system. The amendments to §§25.50, 25.51 and 25.53 are adopted without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1299) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Government Code, §2001.039 requires state agencies to readopt their rules every four years or more frequently and, prior to readopting, to consider whether the reason for adopting each rule continues to exist. In the course of reviewing the administrative rules pertaining to bicycle road use, the department identified three sections that require minor revisions.
Amendments to §25.50, Purpose, correct an outdated statutory reference and an outdated reference to a division of the chapter.
Amendments to §25.51, Definitions, correct an outdated reference to a division of the chapter.
Amendments to §25.53, Bicycle Use on the State Highways, delete paragraph (4), which relates to the preparation of a statewide comprehensive bicycle plan. When this section was originally adopted, it was considered the best practice for the department to prepare the plan. However, this work is currently accomplished by a city or county and the applicable metropolitan planning organization. Department staff members participate and provide assistance to the local entities with regard to these planning efforts.
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §201.902, which requires the commission to adopt rules relating to the use of roads in the state highway system by bicyclists.
CROSS REFERENCE TO STATUTE
Transportation Code, §201.902.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802174
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: May 15, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
The Texas Department of Transportation (department) adopts amendments to §28.2, Definitions; §28.11, General Oversize/Overweight Permit Requirements and Procedures; §28.12, Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D; §28.13, Time Permits; §28.14, Manufactured Housing, and Industrialized Housing and Building Permits; §28.15, Portable Building Unit Permits; §28.16, Permits for Military and Governmental Agencies; §28.30, Permits for Over Axle and Over Gross Weight Tolerances; §28.64, Annual Permits; §28.91, Responsibilities; §28.92, Permit Issuance Requirements and Procedures; §28.101, Responsibilities; and §28.102, Permit Issuance Requirements and Procedures and new §28.110, Purpose; §28.111, Applicability; §28.112, Falsification of Information on Application and Permit; §28.113, Shipper Certificate of Weight; §28.114, Compliance with Remote Permit System; §28.115, Permits Issued by Another State; §28.116, Permit Compliance; §28.200, Purpose; §28.201, Investigations and Inspections of Records; §28.202, Records; §28.300, Purpose; §28.301, Administrative Penalties; §28.302, Administrative Sanctions; §28.303, Implications for Nonpayment of Penalties; Grounds for Action; §28.304, Administrative Proceedings; §28.305, Settlement Agreements; and §28.306, Administrative Penalty for False Information on Certificate by a Shipper all concerning oversize and overweight vehicles and loads. The effective date for these rules is June 1, 2008. The amendments to §§28.11 - 28.16, 28.30, 28.64, 28.91, 28.92, 28.101, and 28.102 and new §§28.110 - 28.112, 28.114 - 28.116, 28.200 - 28.202, and 28.300 - 28.306 are adopted without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1301) and will not be republished. Section 28.2, Definitions, and §28.113, Shipper Certificate of Weight, are adopted with changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1301).
EXPLANATION OF ADOPTED AMENDMENTS AND NEW SECTIONS
The adopted amendments and new sections are necessary to implement the provisions of House Bill 2093, 80th Legislature, Regular Session, 2007; to clarify existing information; update statutory references; add guidelines regarding fees and the issuance of envelope vehicle permits; and streamline the permit-issuing processes used by the Port of Brownsville and by Chambers County.
House Bill 2093 increases certain oversize and overweight permit fees and gives the department the authority to investigate, enforce, impose administrative penalties, and revoke credentials for violating statutes, rules, or orders regarding oversize and overweight limits or for providing false information on any documentation submitted to the department. The bill also authorizes the department to enter into the Unified Carrier Registration (UCR) system, which was designed to replace the Single State Registration System (SSRS) in which the state participated.
The term "temporary registration" was changed to "temporary vehicle registration" throughout 43 TAC Chapter 28 to distinguish between motor carrier registration (credentialing) and motor vehicle registration under Transportation Code, Chapter 502.
Amendments to §28.2 provide additional definitions and clarify terms used throughout this chapter and add terms used in the new enforcement process. Definitions for truck and truck-tractor are added to provide precise definitions of these two terms for the purposes of this chapter. The department has changed the definition of director to add the language "or a designee not below the level of division director" to conform the provisions of 43 TAC Chapter 28 with 43 TAC Chapter 18. This change allows the department to handle the administrative enforcement provisions for both motor carrier registration and oversize and overweight permits with the same process.
Amendments to §28.11 increase permit fees to comply with the provisions of House Bill 2093. The bill increased the permit fees in Transportation Code, §623.076 and the maintenance fees in Transportation Code, §623.077. References to fees in Figure 43 TAC §28.30(e)(3)(C) in this section were amended to correspond with the new statutory fees.
Section 28.11 is also amended to correct a statutory reference to the Insurance Code. The requirement for nonresident insurance agents is now located in Insurance Code, Chapter 4056, Nonresident Agent.
Amendments to §28.12 increase the fee for a single trip permit issued under Transportation Code, §623.076 to correspond with the statutory fee increase from House Bill 2093.
Amendments to §28.13 increase fees for 30-day, 60-day, and 90-day permits and annual permits for implements of husbandry and water well drilling machinery due to changes in Transportation Code, §623.076. The fee increases correspond with the statutory increases from House Bill 2093.
The amendment to §28.13(e)(4)(A)(iii) increases the fee for annual envelope vehicle permits from $2,000 to $4,000. Transportation Code, §623.071(c) and (d) states that the department may issue annual permits for the transport of overweight or oversize equipment that does not exceed 12 feet wide, 14 feet high, 110 feet long, and 120,000 pounds. These permits are commonly referred to as annual envelope permits. Before being amended by House Bill 2093, Transportation Code, §623.076(c) authorized the Texas Transportation Commission (commission) by rule to set the fee for an annual envelope permit in an amount not to exceed $3,500. The commission set the fee at $2,000. The fee for a corresponding single trip permit to transport one load was $80, which is the sum of the $30 permit fee (Transportation Code, §623.076(a)(1)) and the $50 maintenance fee (Transportation Code, §623.077(a)). Under that fee schedule, it was cost effective for customers who projected the need in one year for more than 25 single trip permits to transport loads that would qualify for an annual envelope permit to purchase the annual permit in lieu of single trip permits ($80 single trip permit fee x 25 permits = $2,000).
In general, House Bill 2093 doubled or tripled the fees for the oversize/overweight permit types issued by the department. Amendments to Transportation Code, §623.076(a)(1) and §623.077 increase the fee for a single trip permit for loads comparable to those allowed under an annual envelope permit from $80 to $210. Additionally, the bill doubled the maximum provided for annual envelope permits under Transportation Code, §623.076(c) to $7,000. Without an increase in the fee for an annual envelope permit, the break-even point decreases from 25 to about 10 single trip permits. Increasing the fee for an annual envelope permit to $4,000 provides a break-even point at about 19 single trip permits, which is much closer to the original fee structure.
The $4,000 annual envelope permit fee will go into effect June 1, 2008. All annual envelope permit applications for an initial permit received after June 1, 2008 will require the $4,000 permit fee. All current annual envelope permit holders with permits expiring after May 31, 2008 will be notified of the increased fee in the renewal notice.
New §28.13(e)(4)(C), (D), and (E) aid the department in decreasing the number of fraudulent requests for replacement of an original annual envelope vehicle permit--company specific, by providing an audit trail when the first permit is received. This type of permit is to be carried in only one vehicle at a time. Fraudulent requests occur when an applicant desires to operate multiple vehicles simultaneously without paying additional permit fees. Without an audit trail, the department is forced to honor each permit replacement request, at the expense of lost revenue to the state.
The seven-day waiting period for receipt of the initial permit is to allow more than reasonable time for the customer to receive the permit, regardless of how remote an address may be. Registered mail and overnight delivery services normally take less than five days. During this seven-day period, permit replacement requests will not be accepted or considered. The 10-day waiting period after the date the permit is issued, for initiation of a request for replacement, simply adds three days to allow sufficient time for tracking records to be in place before a request can be reviewed. These periods are to maintain a timely response process.
Currently, there is nothing in the rules that allows the department to refuse fraudulent requests for duplicate permits. This amendment levels the playing field for customers, including those who do pay for multiple permits to legally operate multiple trucks. It also allows the department to collect more fees that are used to repair road damage caused by these oversize/overweight loads.
The amendment to §28.14(d) increases the fee for a manufactured housing and industrialized housing and building oversize/overweight permit, to comply with the changes to Transportation Code, §623.096(a).
The amendment to §28.15(d) increases the fee for a portable building unit oversize/overweight permit, to comply with the changes to Transportation Code, §623.124(a).
Amendments to §28.16 clarify existing language to state that military and government agencies are eligible for all oversize/overweight permits issued by the department, that military and government entities do not have to pay the permit fee as long as the load is transported on vehicles with exempt license plates, and that all permit restrictions and requirements apply. The language currently implies that only route restricted oversize and overweight permits were available to government and military entities free of charge. Additional changes were made to this section to correct references to other subchapters of 43 TAC Chapter 28.
The amendment to the figure in §28.30 increases annual permit fees for over axle and over gross weight tolerances to comply with the new provisions of Transportation Code, §623.0111(a)(2).
The amendment to §28.64 increases annual unladen lift permit fees to comply with the new provisions of Transportation Code, §623.182.
Amendments to 43 TAC Chapter 28, Subchapter G, Port of Brownsville Port Authority Permits and Subchapter H, Chambers County Permits make the language of the subchapters more consistent with each other. The Port of Brownsville and Chambers County both are statutorily authorized to issue overweight and oversize permits for specific roadways in their jurisdictions. The two programs are handled in the same manner so the provisions for each subchapter should be consistent.
Amendments to §28.91 and §28.101 allow the department to determine if a bond is necessary to offset the cost of maintenance. Under this change, the department may require the bond only if the sale of permits has not generated sufficient funds to cover the cost of the roadway maintenance. The Port of Brownsville permit sales have established that the continued requirement of the bond is unnecessary because sufficient maintenance funds have been available from the permit fees. The change to this rule allows the department to waive the bond requirement.
All other amendments to §§28.91, 28.92, 28.101, and 28.102 make the requirements and language consistent between Port of Brownsville Authority Permits and Chambers County Permits, reorganize the sections so that the information is in a more understandable format, clarify the existing language, and update processes that have recently been automated. The changes include deleting the name of the employee who issued the permit from the permit requirements because most permits are processed automatically without employee involvement in the process. The language is amended to clarify that the funds must be deposited into the state highway fund as required by statute. This change also requires an amendment to the maintenance contract requirements to remove the requirement that the permitting entity make payments to the department for maintenance.
New Subchapter I, Compliance, sets out the procedures for citing violations related to the operation of vehicles on public roadways in excess of maximum weight, height, and width requirements.
New §28.110, Purpose, provides the purpose of the new subchapter.
New §28.111, Applicability, provides that a person operating on a public roadway without an oversize or overweight permit shall comply with the weight and size restrictions of Transportation Code, Chapters 621, 622, and 623. This section also requires a person operating a vehicle under an overweight or oversize permit to comply with all the provisions of the permit. This section is added to provide notification to motor carriers and other operating oversize and overweight vehicles that failure to obtain a required permit or to abide by the provisions and conditions of the issued permit could lead to enforcement actions.
New §28.112, Falsification of Information on Application and Permit, provides that a person who gives false information on a permit application or other required forms commits a violation that is subject to enforcement under Subchapter K, Enforcement. The new section also prohibits a person from altering a permit issued by the department or counterfeiting a permit. This section is added to ensure that the public understands that failure to provide correct information when requesting a permit can lead to enforcement action.
New §28.113, Shipper Certificate of Weight, provides the requirements for a shipper's certificate of weight to be valid. The certificate is authorized by Transportation Code, §623.274, as added by House Bill 2093. The new certificate can be used by the permit holder to provide an affirmative defense to overweight violations based on weight of the commodity being transported. The new section requires that the permit holder obtain the shipper's certification before applying for the permit and that the shipper certify that the information on the certificate is correct. In response to comments, this section now provides that a shipper's certificate of weight is also valid if it is delivered before the transportation of the shipment begins if the transporter determines from the certificate that a permit is not required. New language for new subsection (b) now provides that a motor carrier with an annual envelope permit may rely on a certificate issued after the annual permit has been issued. The former subsection (b) is re-designated as subsection (c) and revised to clarify that obtaining a permit is not a prerequisite for the use of the affirmative defense provided by that subsection.
New §28.114, Compliance with Remote Permit System, provides guidance for persons authorized by contract to access the electronic application process. This new section grants the department the authority to seek administrative sanctions against a person who does not comply with the terms of the contract and the conditions of the permits.
New §28.115, Permits Issued by Another State, provides that a permit issued by another state under a reciprocal agreement is subject to all provisions of 43 TAC Chapter 28 and to the applicable provisions of Transportation Code, Chapters 621, 622, and 623. This new section will allow the department to enforce the department's overweight and oversize permit rules for permits issued under the reciprocal agreements.
New §28.116, Permit Compliance, provides that a permit issued under this chapter is invalid immediately upon violation of a rule, condition, or requirement placed on the permit. The rule clarifies that once the permit is invalid, movement of the overweight or oversize vehicle over a public roadway is no longer authorized and may lead to enforcement action.
New Subchapter J, Records and Inspections, provides requirements for how applicable records must be maintained and how long the records are to be maintained, and describes the department's procedures for examining the records.
New §28.200, Purpose, provides the justification for the new subchapter.
New §28.201, Investigations and Inspections of Records, sets out that the department can enter a person's place of business during normal business hours to investigate violations under Transportation Code, Chapters 621, 622, or 623 or 43 TAC Chapter 28. The department must have access to the person's records to investigate any potential violations. The section provides that the inspector will provide proof of the inspector's authority to inspect the records by presenting credentials and a written statement from the department indicating the authority. In addition, the section also provides that the department can designate a time and location for the inspection of the records if the time and location cannot be agreed upon by the parties involved. This authority will prevent a person from avoiding administrative sanctions by prohibiting access to the records necessary to conduct an investigation.
New §28.202, Records, provides what records must be maintained and where the records must be located. The records include those types of records used by motor carriers in their daily operation that relate to the movement and weight of shipments and other records required elsewhere in 43 TAC Chapter 28 or the Transportation Code. This section requires that the records be maintained not less than two years at the person's principal business address. This section also requires that a copy of the permit be maintained in the vehicle for which the permit was issued during the period that the permit is being used. These requirements will ensure that the records necessary for the department to investigate overweight and oversize violations are maintained by the person and are available for inspection when needed.
New Subchapter K, Enforcement, is added to provide the administrative process for enforcement actions for violations of 43 TAC Chapter 28. House Bill 2093 authorized the department to take administrative action against motor carriers or individuals who violate the weight and size restrictions for vehicles or violate a provision of an overweight or oversize permit.
New §28.300, Purpose, lists the purpose of the new subchapter.
New §28.301, Administrative Penalties, describes the administrative penalties the department will seek for violations of 43 TAC Chapter 28. This section sets out the amounts of penalties, not to exceed $5,000 for each violation or $15,000 if the person knowingly committed the violation. The penalties in this section comply with the penalties of Transportation Code, §643.251. This section also provides that the penalty recommendation will be based on certain factors including the seriousness of the violation, economic harm, history of previous violations, amount necessary to deter future violations, efforts to correct violations, and any other matters that justice may require. These factors are the same factors used under 43 TAC Chapter 18, for similar motor carrier enforcement procedures.
New §28.302, Administrative Sanctions, describes the administrative sanctions the department may seek for violations of 43 TAC Chapter 28. House Bill 2093 authorized the department to revoke, suspend, or deny overweight and oversize permits if the person violates any provision of 43 TAC Chapter 28 or Transportation Code, Chapters 621, 622, or 623. This section also provides the guidelines for the probation of a suspension of a permit. These guidelines will help ensure that the department is consistent in administering the probation program.
New §28.303, Implications for Nonpayment of Penalties; Grounds for Action, provides that if the person fails to pay an administrative penalty assessed under this subchapter the department may not issue oversize or overweight permits to the individual. As authorized by House Bill 2093, this provision will prevent a person from ignoring penalty obligations by requiring that they pay prior penalties before a new permit can be issued.
New §28.304, Administrative Proceedings, is added to provide the notice requirements for the new administrative hearing process. The language tracks Transportation Code, §643.2525 and clarifies the two types of notices mailed to the alleged violator.
New §28.305, Settlement Agreements, details the settlement agreement process. The department may enter into a compromise settlement agreement with an alleged violator any time before the issuance of a final order. This section provides that the agreement must include a clause that allows the department the authority to revoke the agreement if the alleged violator fails to abide by the terms of the agreement. This provision will ensure that the department continues to have authority to enforce future compliance.
New §28.306, Administrative Penalty for False Information on Certificate by a Shipper, provides that the department may investigate and impose penalties against a shipper who provides false information on a shipper's certificate of weight. This section provides for how the notice and hearing requirements will be handled and how the amount of administrative penalties will be determined.
COMMENTS
One comment on the proposed amendments and new section was received from the Texas Motor Transportation Association (TMTA). TMTA stated that they support the proposed rules with the exception of the language in §28.113, Shipper Certificate of Weight.
Comment: TMTA commented that the language in §28.113 does not consider a situation in which a motor carrier, or motor carrier that holds an annual envelope permit, determines, based on the weight given by the shipper, that an overweight permit or additional overweight permit is not required and later finds out that the shipper underestimated the actual weight of the load.
Response: The department agrees with the comment. The language of the rule is subject to that misinterpretation. The department intends to allow a motor carrier to rely on the shipper's certificate of weight to determine whether an overweight permit or additional overweight permit is required. If the weight of the shipment provided on the certificate does not require the carrier to obtain a permit or an additional permit, the carrier should be able to rely on that information and present the certificate during any enforcement action to show that the weight information on which it relied was incorrect. The department does not intend that the carrier obtain a permit as a prerequisite for relying on the weight information provided by the shipper in the certificate. Accordingly, the language in §28.113(a) is revised to add that a shipper's certificate of weight is valid if it is delivered before the transportation of the shipment begins if the transporter determines from the certificate that a permit is not required. A new §28.113(b) is added to expressly provide that the holder of an annual envelope permit may rely on the weight information on the certificate to determine whether an additional overweight permit is required for the shipment. Former §28.113(b) is re-lettered as subsection §28.113(c) and revised to clarify that obtaining a permit is not a prerequisite for the use of the affirmative defense provided by that subsection.
Subchapter A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
§28.2.Definitions.
The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise.
(1) Annual permit--A permit that authorizes movement of an overdimension load for one year commencing with the "movement to begin" date.
(2) Applicant--Any person, firm, or corporation requesting a permit.
(3) Axle--The common axis of rotation of one or more wheels whether power-driven or freely rotating, and whether in one or more segments.
(4) Axle group--An assemblage of two or more consecutive axles, with two or more wheels per axle, spaced at least 40 inches from center of axle to center of axle, equipped with a weight-equalizing suspension system that will not allow more than a 10% weight difference between any two axles in the group.
(5) Cash collection office--An office that has been designated as the place where a permit applicant can apply for a permit or pay for a permit with cash, cashier's check, personal or business check, or money order.
(6) Closeout--The procedure used by the MCD to terminate a permit, issued under Transportation Code, §623.142 or §623.192 that will not be renewed by the applicant.
(7) Commission--The Texas Transportation Commission.
(8) Complete identification number--A unique and distinguishing number assigned to equipment or a commodity for purposes of identification.
(9) Concrete pump truck--A self propelled vehicle designed to pump the concrete product from a ready mix truck to the point of construction.
(10) Crane--Any unladen lift equipment motor vehicle designed for the sole purpose of raising, shifting, or lowering heavy weights by means of a projecting, swinging mast with an engine for power on a chassis permanently constructed or assembled for such purpose.
(11) Credit card--A credit card approved by the department and a permit account card.
(12) Daylight--The period beginning one-half hour before sunrise and ending one-half hour after sunset.
(13) Department--The Texas Department of Transportation.
(14) Digital signature--An electronic identifier intended by the person using it to have the same force and effect as a manual signature. The digital signature shall be unique to the person using it.
(15) Director--The Executive Director of the Texas Department of Transportation or a designee not below the level of division director.
(16) District--One of the 25 geographical areas, managed by a district engineer, in which the department conducts its primary work activities.
(17) District engineer--The chief executive officer in charge of a district of the department.
(18) Electronic identifier--A unique identifier which is distinctive to the person using it, is independently verifiable, is under the sole control of the person using it, and is transmitted in a manner that makes it infeasible to change the data in the communication or digital signature without invalidating the digital signature.
(19) Escort vehicle--A motor vehicle used to warn traffic of the presence of a permitted vehicle.
(20) Foreign commercial vehicle annual registration--An annual registration permit issued by the department to foreign commercial vehicles under authority of Transportation Code, §502.353.
(21) Four-axle group--Any four consecutive axles, having at least 40 inches from center of axle to center of axle, whose extreme centers are not more than 192 inches apart and are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
(22) Gauge--The transverse spacing distance between tires on an axle, expressed in feet and measured to the nearest inch, from center-of-tire to center-of-tire on an axle equipped with only two tires, or measured to the nearest inch from the center of the dual wheels on one side of the axle to the center of the dual wheels on the opposite side of the axle.
(23) Gross weight--The unladen weight of a vehicle or combination of vehicles plus the weight of the load being transported.
(24) Height pole--A device made of a non-conductive material, used to measure the height of overhead obstructions.
(25) Highway maintenance fee--A fee established by Transportation Code, §623.077, based on gross weight, and paid by the permittee when the permit is issued.
(26) Highway use factor--A mileage reduction figure used in the calculation of a permit fee for a permit issued under Transportation Code, §623.142 and §623.192.
(27) Hubometer--A mechanical device attached to an axle on a unit or a crane for recording mileage traveled.
(28) HUD number--A unique number assigned to a manufactured home by the U.S. Department of Housing and Urban Development.
(29) Indirect cost share--A prorated share of administering department activities, other than the direct cost of the activities, including the cost of providing statewide support services.
(30) Load-restricted bridge--A bridge that is restricted by the commission, under the provisions of Transportation Code, §621.102, to a weight limit less than the maximum amount allowed by Transportation Code, §621.101.
(31) Load-restricted road--A road that is restricted by the commission, under the provisions of Transportation Code, §621.102, to a weight limit less than the maximum amount allowed by Transportation Code, §621.101.
(32) Machinery plate--A license plate issued under Transportation Code, §504.504.
(33) Manufactured home--Manufactured housing, as defined in Occupations Code, Chapter 1201, and industrialized housing and buildings, as defined in Occupations Code, §1202.002, and temporary chassis systems, and returnable undercarriages used for the transportation of manufactured housing and industrialized housing and buildings, and a transportable section which is transported on a chassis system or returnable undercarriage that is constructed so that it cannot, without dismantling or destruction, be transported within legal size limits for motor vehicles.
(34) Motor carrier--A person that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a public highway in this state, as defined in §18.2 of this title (relating to Definitions).
(35) Motor Carrier Division (MCD)--The Motor Carrier Division of the department.
(36) Motor carrier registration (MCR)--The registration issued by the department to motor carriers moving intrastate, under authority of Transportation Code, Chapter 643 as amended.
(37) Nighttime--The period beginning one-half hour after sunset and ending one-half hour before sunrise, as defined by Transportation Code, §541.401.
(38) Nondivisible load--A load that cannot be reduced to a smaller dimension without compromising the integrity of the load or requiring more than eight hours of work using appropriate equipment to dismantle.
(39) Oil field rig-up truck--An unladen vehicle with an overweight single steering axle, equipped with a winch and set of gin poles used for lifting, erecting, and moving oil well equipment and machinery.
(40) Oil well servicing unit--An oil well clean-out unit, oil well drilling unit, or oil well swabbing unit, which is mobile equipment, either self-propelled or trailer-mounted, constructed as a machine used solely for cleaning-out, drilling, servicing, or swabbing oil wells, and consisting in general of, but not limited to, a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for this purpose.
(41) One trip registration--Temporary vehicle registration issued under Transportation Code, §502.354.
(42) Overdimension load--A vehicle, combination of vehicles, or vehicle and its load that exceeds maximum legal width, height, length, overhang, or weight as set forth by Transportation Code, Chapter 621, Subchapters B and C.
(43) Overhang--The portion of a load extending beyond the front or rear of a vehicle or combination of vehicles.
(44) Overheight--An overdimension load that exceeds the maximum height specified in Transportation Code, §621.207.
(45) Overlength--An overdimension load that exceeds the maximum length specified in Transportation Code, §621.203, §621.204, §621.205, and §621.206.
(46) Overweight--An overdimension load that exceeds the maximum weight specified in Transportation Code, §621.101.
(47) Overwidth--An overdimension load that exceeds the maximum width specified in Transportation Code, §621.201.
(48) Permit--Authority for the movement of an overdimension load, issued by the MCD under Transportation Code, Chapter 623.
(49) Permit account card (PAC)--A debit card that can only be used to purchase a permit or temporary vehicle registration and which is issued by a financial institution that is under contract to the department and the Comptroller of Public Accounts.
(50) Permit officer--An employee of the MCD who is authorized to issue an oversize/overweight permit or temporary vehicle registration.
(51) Permit plate--A license plate issued under Transportation Code, §504.504, to a crane or an oil well servicing vehicle.
(52) Permitted vehicle--A vehicle, combination of vehicles, or vehicle and its load operating under the provisions of a permit.
(53) Permittee--Any person, firm, or corporation that is issued an oversize/overweight permit or temporary vehicle registration by the MCD.
(54) Pipe box--A container specifically constructed to safely transport and handle oil field drill pipe and drill collars.
(55) Portable building compatible cargo--Cargo, other than a portable building unit, that is manufactured, assembled, or distributed by a portable building unit manufacturer and is transported in combination with a portable building unit.
(56) Portable building unit--The pre-fabricated structural and other components incorporated and delivered by the manufacturer as a complete inspected unit with a distinct serial number whether in fully assembled, partially assembled, or kit (unassembled) configuration when loaded for transport.
(57) Principal--The person, firm, or corporation that is insured by a surety bond company.
(58) Recyclable materials--Material that has been recovered or diverted from the solid waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. Recycled material is not solid waste unless the material is deemed to be hazardous solid waste by the Administrator of the United States Environmental Protection Agency, whereupon it shall be regulated accordingly unless it is otherwise exempted in whole or in part from regulation under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), by Environmental Protection Agency regulation. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
(59) Registration reduction--A 25% reduction of the permit fee that applies to a crane or oil well servicing unit registered for maximum legal weight.
(60) Shipper--Person who consigns the movement of a shipment.
(61) Shipper's certificate of weight--A form approved by the department in which the shipper certifies to the maximum weight of the shipment being transported.
(62) Single axle--An assembly of two or more wheels whose centers are in one transverse vertical plane or may be included between two parallel transverse planes 40 inches apart extending across the full width of the vehicle.
(63) Single state registration (SSR)--Interstate registration authority issued to motor carriers under authority of 49 U.S.C. §14504 and Transportation Code, Chapter 645.
(64) Single-trip permit--A permit issued for an overdimension load for a single continuous movement over a specific route for an amount of time necessary to make the movement.
(65) State highway--A highway or road under the jurisdiction of the Texas Department of Transportation.
(66) State highway system--A network of roads and highways as defined by Transportation Code, §221.001.
(67) Surety bond--An agreement issued by a surety bond company to a principal that pledges to compensate the department for any damage that might be sustained to the highways and bridges by virtue of the operation of the equipment for which a permit was issued. A surety bond is effective the day it is issued and expires at the end of the state fiscal year, which is August 31st. For example, if you obtain a surety bond on August 30th, it will expire the next day at midnight.
(68) Tare weight--The empty weight of any vehicle transporting an overdimension load.
(69) Temporary vehicle registration--A 72-hour temporary vehicle registration, 144-hour temporary vehicle registration, or one-trip registration, as defined by Transportation Code, §502.352.
(70) Three-axle group--Any three consecutive axles, having at least 40 inches from center of axle to center of axle, whose extreme centers are not more than 144 inches apart, and are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
(71) Time permit--A permit issued for a specified period of time under §28.13 of this title (relating to Time Permits issued under Transportation Code, Chapter 623, Subchapter D) and in accordance with Transportation Code, Chapter 623.
(72) Traffic control device--All traffic signals, signs, and markings, including their supports, used to regulate, warn, or control traffic.
(73) Trailer mounted unit--An oil well clean-out, drilling, servicing, or swabbing unit mounted on a trailer, constructed as a machine used for cleaning out, drilling, servicing, or swabbing oil wells, and consisting in general of, but not limited to, a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for this purpose.
(74) Truck--A motor vehicle designed, used, or maintained primarily for the transportation of property.
(75) Truck-tractor--A motor vehicle designed or used primarily for drawing another vehicle:
(A) that is not constructed to carry a load other than a part of the weight of the vehicle and load being drawn; or
(B) that is engaged with a semitrailer in the transportation of automobiles or boats and that transports the automobiles or boats on part of the truck-tractor.
(76) Trunnion axle--Two individual axles mounted in the same transverse plane, with four tires on each axle, that are connected to a pivoting wrist pin that allows each individual axle to oscillate in a vertical plane to provide for constant and equal weight distribution on each individual axle at all times during movement.
(77) Trunnion axle group--Two or more consecutive trunnion axles whose centers are at least 40 inches apart and which are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
(78) Two-axle group--Any two consecutive axles whose centers are at least 40 inches but not more than 96 inches apart and are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
(79) Unit--Oil well clean-out unit, oil well drilling unit, oil well servicing unit, and/or oil well swabbing unit.
(80) Unladen lift equipment motor vehicle--A motor vehicle designed for use as lift equipment used solely to raise, shift, or lower heavy weights by means of a projecting, swinging mast with an engine for power on a chassis permanently constructed or assembled for such purpose.
(81) Variable load suspension axles--Axles, whose controls must be located outside of and be inaccessible from the driver's compartment, that can be regulated, through the use of hydraulic and air suspension systems, mechanical systems, or a combination of these systems, for the purpose of adding or decreasing the amount of weight to be carried by each axle during the movement of the vehicle.
(82) Vehicle--Every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks.
(83) Vehicle identification number--A unique and distinguishing number assigned to a vehicle by the manufacturer or by the department in accordance with §17.3(b) of this title (relating to Motor Vehicle Certificates of Title) for the purpose of identification.
(84) Vehicle supervision fee--A fee required by Transportation Code, §623.078, paid by the permittee to the department, designed to recover the direct cost of providing safe transportation of a permit load exceeding 200,000 pounds gross weight over a state highway, including the cost for bridge structural analysis, monitoring the progress of the trip, and moving and replacing traffic control devices.
(85) Water Well Drilling Machinery--Machinery used exclusively for the purpose of drilling water wells, including machinery that is a unit or a unit mounted on a conventional vehicle or chassis.
(86) Weight-equalizing suspension system--An arrangement of parts designed to attach two or more consecutive axles to the frame of a vehicle in a manner that will equalize the load between the axles.
(87) Windshield sticker--Identifying insignia indicating that an over axle/over gross weight tolerance permit has been issued in accordance with Subchapter C of this chapter (relating to Permits for Over Axle and Over Gross Weight Tolerances) and Transportation Code, §623.011.
(88) Year--A time period consisting of 12 consecutive months that commences with the "movement to begin" date stated in the permit.
(89) 72-hour temporary vehicle registration--Temporary vehicle registration issued by the MCD authorizing a vehicle to operate at maximum legal weight on a state highway for a period not longer than 72 consecutive hours, as prescribed by Transportation Code, §502.352.
(90) 144-hour temporary vehicle registration--Temporary vehicle registration issued by the MCD authorizing a vehicle to operate at maximum legal weight on a state highway for a period not longer than 144 consecutive hours, as prescribed by Transportation Code, §502.352.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802175
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802176
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802177
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802178
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802179
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802180
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The new sections are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
§28.113.Shipper Certificate of Weight.
(a) For a shipper's certificate of weight to be valid, the shipper must:
(1) certify that the information contained on the form used for the shipper's certificate of weight is accurate; and
(2) deliver the certificate to the motor carrier or other person transporting the shipment before:
(A) the motor carrier or person applies for an overweight permit under this chapter; or
(B) the motor carrier or person begins to transport the shipment if the motor carrier or person does not apply for an overweight permit because of the information in the certificate.
(b) A motor carrier who holds an annual envelope permit issued under this chapter may rely on the shipper's certificate of weight to determine whether the shipment requires an additional overweight permit.
(c) It is an affirmative defense to an administrative enforcement action under this chapter for the failure of a person or the holder of a permit to obtain the required overweight permit that the person relied on a valid shipper's certificate of weight.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802181
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The new sections are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802182
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683
STATUTORY AUTHORITY
The new sections are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §623.076(c), which authorizes the commission to establish the fee for certain oversize or overweight permits.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapters 621, 622, 623, and 643.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 25, 2008.
TRD-200802183
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: June 1, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-8683