37 TAC §§4.11 - 4.13, 4.16, 4.17
The Texas Department of Public Safety adopts amendments to
Chapter 4, Subchapter B, §§4.11 - 4.13, 4.16, and 4.17 concerning
Regulations Governing Transportation Safety, without changes to the proposed
text as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7693).
The amendment to §4.11 is necessary in order to update the rule so
that it reflects October 1, 2005 in subsection (a). The amendment is necessary
to ensure that the Federal Motor Carrier Safety Regulations, incorporated
by reference in the section, reflect all amendments and interpretations issued
through that particular date.
Amendments to §4.12 are necessary in order to implement changes made
by House Bill 749 and Senate Bill 1074, as passed by the 79th Texas Legislature
(Regular Session). Additional amendments to §4.12 are necessary in order
to implement the requirements of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 10-59).
Amendments to §4.13 are necessary in order to implement changes made
by House Bill 602, as passed by the 79th Texas Legislature (Regular Session).
Additional amendments to §4.13 are necessary in order to clarify the
initial certifications requirements under the North American Standard Roadside
Inspection and Passenger Vehicle Inspection Courses. Changes are also being
made to text of §4.13 so that it is uniform throughout the section and
mirrors the Commercial Vehicle Safety Alliance (CVSA) training and certification
requirements.
Amendments to §4.16 are necessary in order to clarify the difference
between the subsection regarding assessment of administrative penalties from
the subsection regarding payment, collection and settlement of administrative
penalties. A further amendment to §4.16 is necessary in order to simplify
the procedure for calculation of administrative penalties, and to eliminate
language that is unnecessary because it duplicates factors built into the
Federal Uniform Fine Assessment Program used to calculate administrative penalties.
The amendment is further necessary to codify the department's policy for further
reductions in the assessment of administrative penalties when the gross receipts
of the motor carrier are less than one million dollars. The amendment to §4.16
also clarifies department procedures for the release of Impoundment Orders.
Non-substantive grammatical corrections are also being made in the amendment
to §4.16.
The amendment to §4.17 is necessary in order to correct an inaccuracy
listed in the current rule.
On December 20, 2005, the department held a public hearing to receive comment(s)
from all interested person(s) regarding adoption of the amendments. No comments
were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code, §644.051,
which authorizes the director to adopt rules regulating the safe transportation
of hazardous materials and the safe operation of commercial motor vehicles;
and authorizes the director to adopt all or part of the federal safety regulations,
by reference.
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 January 4, 2006.
TRD-200600033
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 24, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 424-2135