Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 18.
MOTOR CARRIERS
The Texas Department of Transportation (department) adopts amendments
to §18.2, definitions, §§18.13, 18.14, 18.16, 18.17 and repeal
of §18.18, concerning motor carrier registration, and amendments to §§18.51,
18.58, and 18.63 - 18.65, concerning consumer protection, and §§18.82,
18.87 - 18.93, and 18.96, concerning vehicle storage facilities. The repeal
of §18.18, and amendments to §§18.17, 18.51, 18.58, 18.63,
18.64, 18.82, 18.87 - 18.91, 18.93 and 18.96 are adopted without changes to
the proposed text as published in the December 2, 2005 issue of the
EXPLANATION OF ADOPTED AMENDMENTS AND REPEAL
The adopted amendments and repeal are necessary to implement the provisions
of House Bills 480, 1018, 1584, 2630, and 2702 of the 79th Legislature, Regular
Session, 2005; update statutory references; clarify existing information;
and address the implementation of online registration applications.
House Bill 480 amended Occupations Code, §2303.155, to increase the
notification charge a vehicle storage facility operator can charge, from $32
to $50, and to increase the daily storage fee of a vehicle by $5. House Bill
480 added Occupations Code, §2303.158 to clarify the condition under
which a person claiming to be the vehicle owner of a towed vehicle can access
their vehicle's interior storage in order to prove ownership.
House Bill 1018 addressed commercial school bus regulations, providing
an additional insurance level for certain commercial school buses and requiring
a minimum liability insurance of at least $500,000 combined single limit.
House Bill 2630 addressed issues with vehicle storage facilities. It requires
the name, address, and telephone number of the justice court be included in
the contents of the notices provided to the owners of towed vehicles. House
Bill 2630 also amends Occupations Code, §2303.152(a) and (e), to allow
vehicle storage facility operators to issue notice by publication for vehicles
not registered in Texas for nonconsent storage when a vehicle owner's identity
or vehicle's state of registration cannot be determined. It requires vehicle
storage facility operators to notify law enforcement when a vehicle has been
abandoned at a vehicle storage facility. House Bill 2630 also adds language
to prohibit vehicle storage facilities from charging additional fees related
to storage other than fees set forth in statute.
House Bill 480, House Bill 1584 and House Bill 2630 all added language
to require a vehicle storage facility operator to accept either electronic
checks, debit cards, or credit cards as an alternative form of payment for
vehicle storage charges.
House Bill 2702, Article 6, changed the alternative household goods carriers'
registration requirements previously based on vehicle weight. The rules as
proposed eliminated all references to Type A and Type B household goods carriers.
The rule as adopted has been modified regarding Type B household goods carriers
to allow the department time to further study the issue of minimum vehicle
liability insurance requirements for household goods carriers who previously
qualified as Type B carriers. The adopted rules re-establish Type B carriers
to allow for the continuation of the current registration format with regard
to vehicle liability insurance requirements. Other changes to household goods
carriers remain as proposed. The department will propose additional rules
at the conclusion of the study to address liability insurance requirements.
New §18.2(6)(A)(vi) expands the definition of commercial motor vehicle
to include any vehicle transporting household goods for compensation, as required
by House Bill 2702. The adopted amendment to §18.2(6)(B)(ii) updates
the legal reference for cotton vehicle registration and the adopted amendment
to §18.2(7) adds a new definition for "commercial school bus" to comply
with House Bill 1018. The definition of Type B household goods carriers, §18.2(51),
is reinstated in the adopted rules to allow for the continuation of a separate
registration process for carriers that meet the definition.
Section 18.13(a)(3), relating to application for motor carrier registration,
deletes the reference to the application to address the implementation of
a new internal web-based registration process. The online registration process
will streamline the application procedures and allow for a more efficient
system.
Section 18.13 is also changed from the proposed version to accommodate
the separate registration process for Type B household good carriers. The
rule as adopted reinstates the current language of the rule regarding the
registration process and vehicle liability insurance.
Adopted §18.14 reinstates the current language regarding the continuation
of Type B carriers. With this change, Type B carriers do not have a set expiration
date.
Section 18.14(b)(1), relating to expiration and renewal of commercial motor
vehicle registration, allows the department to provide renewal notices by
electronic mail to address the implementation of new online registration applications.
The language in §18.16(a), regarding the vehicle liability insurance
requirements, has been changed from the proposed language, reinstating the
current language of the rule.
Section 18.16(a), relating to insurance requirements, including numbered
item 1, and subsections 18.16(b), (c), (f), and (h), comply with the requirements
of House Bill 2702 regarding commercial household goods carriers. All references
to letters of credit and the process for acceptance have been removed in the
adopted language. The adopted rule also deletes references to surety bonds
as they do not apply to motor carriers that are required to register including
all household goods carriers. All household goods carriers are required to
meet the same cargo and workers compensation insurance requirements. In addition, §18.16(c)(1)
is adopted with changes to clarify the existing language.
Numbered item 5 is added to the figure §18.16(a) to comply with the
requirements of House Bill 1018 regarding commercial school buses. The adopted
rule sets the minimum insurance level at $500,000 as required by the statute.
The remaining items are renumbered accordingly. The word "of" is changed to
"or" in renumbered item 11 of the figure to correct a grammatical error.
Section 18.17, Single State Registration System, addresses implementation
of a new online Single State Registration System (SSRS) and clarifies methods
used to send SSRS renewal applications to customers. The deletion of language
in §18.17(j)(6) eliminates duplicate insurance filing. The new system
connects directly with the Federal Motor Carrier Safety Administration (FMCSA),
therefore, it is no longer necessary to have the motor carrier file the insurance
information with both entities.
Section 18.18, Temporary Registration of International Motor Carriers,
is repealed to comply with 49 CFR, Parts 365 and 385, effective March 19,
2002. The federal regulations now require that motor carriers from Mexico
obtain operating authority through the FMCSA. With the federal change, temporary
registration stamps are no longer necessary.
Section 18.58(c)(1)(B), relating to moving services contract - options
for carrier limitation of liability, changes the language to be consistent
with the provisions of the household goods carriers contract terms and conditions
used in interstate movements.
Section 18.82(8), Definitions (Main entrance), reflects a recent administrative
decision to clarify that a vehicle storage facility's main entrance is located
at the point where a public road meets private property leading to the vehicle
storage facility. The adopted change will help address problems consumers
have in locating the facility.
New §18.82(15), Vehicle transfer, is defined as "any movement of a
vehicle out of a VSF, prior to its release as prescribed in §18.92(a)".
Currently, this term is interpreted in a way that limits the release of a
vehicle to a person other than another VSF.
Section 18.87(b)(2), relating to notifications regarding towed vehicles,
clarifies that the notification procedures apply to vehicles not registered
in Texas. The amendment to §18.87(b)(2)(B) allows vehicle storage facilities
to utilize publication to notify the owner of the vehicle if the vehicle does
not display a license plate or vehicle inspection certificate and the storage
facility cannot determine ownership and lien holder information. This change
is necessary to comply with House Bill 2630.
Section 18.89, Notice of Complaint Procedure, requires the notice of complaint
procedures be included on the front page of the bill for service. This is
to ensure that the information is accessible to the consumer.
Section 18.90, Rights of Owner or Authorized Representative, is amended
to comply with House Bill 480 regarding access to a vehicle's interior to
prove ownership.
Section 18.91(b), pertaining to facility requirements, adds a new requirement
that VSF operators provide a consumer with safe unobstructed access to a vehicle
in order to establish ownership, and clarifies signage requirements.
Section 18.92, Technical Requirements, implements House Bill 2630 regarding
the requirement that the vehicle storage facility provide information on the
justice court that has jurisdiction and the law enforcement agency that authorized
the tow.
Section 18.92 requires the acceptance of new methods of payment for nonconsent
storage as required by House Bill 480, House Bill 2630, and House Bill 1584.
The vehicle storage facility is required to accept either electronic checks,
debit cards or credit cards as an alternative form of payment for fees associated
with the towing and storage of the vehicle.
Section 18.92 prohibits a vehicle storage facility from refusing to release
a vehicle impounded for evidentiary or examination purpose because a law enforcement
agency has not paid the cost of towing and storage. In addition, the section
is amended to comply with 37 TAC, §4.16, that prohibits the release of
a commercial motor vehicle until delinquent penalties have been paid by the
motor carrier.
Amendments to §18.93, Storage Fees and Charges, implement House Bills
480 and 2630 regarding fee increases and charge restrictions.
Amendments to §18.96(c), pertaining to disposal of certain vehicles,
implements House Bill 2630 regarding notification to law enforcement of a
vehicle abandoned at a vehicle storage facility.
COMMENTS
The department received comments regarding the proposed rule during the
comment period from the Texas Towing & Storage Association, and Angenend &
Augustine on behalf of Southwest Movers Association. A summary of the comments
and the department's responses follow.
Comment
One commenter suggested a deletion of the last sentence of §18.92(a)(7)
which stated "The licensee cannot charge the law enforcement agency for costs
that accrued after the agency authorized the release of the vehicle." The
change was requested due to arrangements some VSF operators have with law
enforcement to store vehicles and their belief that the proposed language
could have an impact on these arrangements.
Response
The department agrees with the suggested change and deletes the last sentence
of §18.92(a)(7) which was added in the proposed rules. Code of Criminal
Procedure, Article 18.23 does not require a law enforcement agency to pay
the cost of storing a motor vehicle after the date the law enforcement agency
authorizes the VSF to release the vehicle to the owner. The sentence was proposed
for clarification purposes, however, removing the proposed sentence does not
hinder a VSF from complying with the law nor does it limit the VSF from collecting
the applicable charges.
Comment
One commenter suggests a new statement indicating that law enforcement
"owes" the VSF when law enforcement has a hold on a vehicle, suggesting that
law enforcement does not need a statement that protects them from a VSF.
Response
The department does not agree with this suggestion. This is not addressed
in the statute and the department does not regulate law enforcement agencies.
Comment
One commenter suggests a change to §18.16(c)(1) and §18.65(a)
regarding the use of the word "municipality." The commenter suggested inserting
the word "incorporated" before the word "municipality" or suggested that the
prior rule language be revised. The prior language "incorporated city, town,
or village" includes the three classes of Texas municipalities.
Response
The department agrees in part with this suggestion. To aid the general
public and the motor carrier industry the department withdraws the change
submitted on the proposed rules, leaving the current language intact.
Comment
One commenter suggests clarifying the language used in §18.16(c)(1)
by rewording it to read "If a motor carrier is required to register under
this subchapter, and if its primary business is...."
Response
The department agrees that the proposed language is not clear and adopts
the following language: "A motor carrier that is required to register under
this subchapter and whose primary business is transportation for compensation
or hire between two or more incorporated cities, towns, or villages shall
provide...."
Comment
One commenter suggests updating the language in §18.16(h) to reflect
revisions in the Insurance Code regarding a required finding of insolvency.
Response
The department does not agree with this suggestion. The rule mirrors Transportation
Code, §643.105 and there has been no change to this statute. The revised
language is to provide the motor carrier with direction and not to provide
a definition of insolvency.
Subchapter A. GENERAL PROVISIONS
43 TAC §18.2
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, §643.003, which allows the department
to adopt rules to administer Chapter 643 regarding motor carrier registration;
and Occupations Code, §2303.051, which provides the commission with the
authority to establish rules regarding vehicle storage facilities.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 643, and Occupations Code, Chapter 230.
§18.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Approved association--A group of household goods carriers,
its agents, or both, that has an approved collective ratemaking agreement
on file with the department under §18.64 of this chapter.
(2)
Binding proposal--A formal written offer stating the exact
price for the transportation of specified household goods and any related
services.
(3)
Certificate of insurance--A certificate prescribed by and
filed with the department in which an insurance carrier or surety company
warrants that a motor carrier for whom the certificate is filed has the minimum
coverage as required by §18.16 and §18.86 of this chapter.
(4)
Certificate of registration--A certificate issued by the
department to a motor carrier and containing a unique number.
(5)
Certified scale--Any scale designed for weighing motor
vehicles, including trailers or semitrailers not attached to a tractor, and
certified by an authorized scale inspection and licensing authority. A certified
scale may also be a platform-type or warehouse-type scale properly inspected
and certified.
(6)
Commercial motor vehicle--
(A)
Includes:
(i)
any motor vehicle or combination of vehicles with a gross
weight, registered weight, or gross weight rating in excess of 26,000 pounds,
that is designed or used for the transportation of cargo in furtherance of
any commercial enterprise;
(ii)
all tow trucks, regardless of the gross weight rating
of the tow truck;
(iii)
any vehicle, including buses, designed or used to transport
more than 15 passengers, including the driver;
(iv)
any vehicle used in the transportation of hazardous materials
in a quantity requiring placarding under the regulations issued under the
federal Hazardous Materials Transportation Act (49 USC, App. §§1801-1813);
(v)
a commercial motor vehicle, as defined by 49 CFR §390.5,
owned or controlled by a person or entity that is domiciled in or a citizen
of a country other than the United States; and
(vi)
any vehicle transporting household goods for compensation,
regardless of the gross weight rating, registered weight or gross weight.
(B)
Does not include:
(i)
a farm vehicle with a gross weight, registered weight,
and gross weight rating of less than 48,000 pounds;
(ii)
cotton vehicles registered under Transportation Code, §504.505;
(iii)
a vehicle registered with the Railroad Commission under
Texas Natural Resources Code, §113.131 and §116.072;
(iv)
a vehicle transporting liquor under a private carrier
permit issued in accordance with Alcoholic Beverage Code, Chapter 42;
(v)
a motor vehicle used to transport passengers and operated
by an entity whose primary function is not the transportation of passengers,
such as a vehicle operated by a hotel, day-care center, public or private
school, nursing home, or similar organization;
(vi)
a motor vehicle registered under the Single State Registration
System established under 49 USC §14504 when operating exclusively in
interstate or international commerce; and
(vii)
a vehicle operated by a governmental entity.
(7)
Commercial school bus--A motor vehicle owned by a motor
carrier that is:
(A)
registered under Transportation Code, Chapter 643, Subchapter
B;
(B)
operated exclusively within the boundaries of a municipality
and used to transport preprimary, primary, or secondary school students on
a route between the students' residences and a public, private, or parochial
school or daycare facility;
(C)
operated by a person who holds a driver's license or commercial
driver's license of the appropriate class for the operation of a school bus;
(D)
complies with Transportation Code Chapter 548; and
(E)
complies with Transportation Code, §521.022.
(8)
Commission--The Texas Transportation Commission.
(9)
Consent tow--Any tow of a motor vehicle initiated by the
owner or operator of the vehicle or by a person who has possession, custody,
or control of the vehicle. The term does not include a tow of a motor vehicle
initiated by a peace officer investigating a traffic accident or a traffic
incident that involves the vehicle.
(10)
Conspicuous--Written in a size, color, and contrast so
as to be readily noticed and understood.
(11)
Conversion--A change in an entity's organization that
is implemented with a Certificate of Conversion issued by the Texas Secretary
of State under Texas Business Corporation Act, Article 5.18.
(12)
Department--Texas Department of Transportation.
(13)
Director--The director of the Motor Carrier Division,
Texas Department of Transportation.
(14)
Division--The Motor Carrier Division.
(15)
DOI--Texas Department of Insurance.
(16)
Estimate--An informal oral calculation of the approximate
price of transporting household goods.
(17)
Farmer--A person who operates a farm or is directly involved
in cultivating land or in raising crops or livestock that are owned by or
are under the direct control of that person.
(18)
Farm vehicle--Any vehicle or combination of vehicles controlled
or operated by a farmer or rancher being used to transport agriculture products,
farm machinery, and farm supplies to or from a farm or ranch.
(19)
Gross weight rating--The maximum loaded weight of any
combination of truck, tractor, and trailer equipment as specified by the manufacturer
of the equipment. If the manufacturer's rating is unknown, the gross weight
rating is the greater of:
(A)
the actual weight of the equipment and its lading; or
(B)
the maximum lawful weight of the equipment and its lading.
(20)
Household goods--Personal property intended ultimately
to be used in a dwelling when the transportation of that property is arranged
and paid for by the householder or the householder's representative. The term
does not include personal property to be used in a dwelling when the property
is transported from a manufacturing, retail, or similar company to a dwelling
if the transportation is arranged by a manufacturing, retail, or similar company.
(21)
Household goods agent--A motor carrier who transports
household goods on behalf of another motor carrier.
(22)
Household goods carrier--A motor carrier who transports
household goods for compensation or hire in furtherance of a commercial enterprise.
(23)
Insurer--A person, including a surety, authorized in this
state to write lines of insurance coverage required by Subchapter B and Subchapter
G of this chapter.
(24)
Inventory--A list of the items in a household goods shipment
and the condition of the items.
(25)
Leasing business--A person that leases vehicles requiring
registration under Subchapter B of this chapter to a motor carrier that must
be registered.
(26)
Manager--The manager of the department's Motor Carrier
Division, Motor Carrier Operations Section.
(27)
Mediation--A non-adversarial form of alternative dispute
resolution in which an impartial person, the mediator, facilitates communication
between two parties to promote reconciliation, settlement, or understanding.
(28)
Motor Carrier or 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.
(29)
Motor transportation broker--A person who sells, offers
for sale, or negotiates for the transportation of cargo by a motor carrier
operated by another person or a person who aids and abets another person in
selling, offering for sale, or negotiating for the transportation of cargo
by a motor carrier operated by another person.
(30)
Moving services contract--A contract between a household
goods carrier and shipper, such as a bill of lading, receipt, order for service,
or work order, that sets out the terms of the services to be provided.
(31)
Multiple user--An individual or business who has a contract
with a household goods carrier and who used the carrier's services more than
50 times within the preceding 12 months.
(32)
Nonconsent tow--Any tow of a motor vehicle that is not
a consent tow.
(33)
Not-to-exceed proposal--A formal written offer stating
the maximum price a shipper can be required to pay for the transportation
of specified household goods and any related services. The offer may also
state the non-binding approximate price. Any offer based on hourly rates must
state the maximum number of hours required for the transportation and related
services unless there is an acknowledgment from the shipper that the number
of hours is not necessary.
(34)
Principal place of business--A single location that serves
as a motor carrier's headquarters and where it maintains its operational records
or can make them available.
(35)
Public highway--Any publicly owned and maintained street,
road, or highway in this state.
(36)
Reasonable dispatch--The performance of transportation,
other than transportation provided under guaranteed service dates, during
the period of time agreed on by the carrier and the shipper and shown on the
shipment documentation. This definition does not affect the availability to
the carrier of the defense of force majeure.
(37)
Registration receipt--A receipt issued to the registrant
by its registration state after the requirements of 49 CFR, Part 367 have
been met.
(38)
Registration state--A state where the registrant maintains
a valid single state registration as defined in 49 CFR, Part 367.
(39)
Replacement vehicle--A vehicle that takes the place of
another vehicle that has been removed from service.
(40)
Revocation--The withdrawal of registration and privileges
by the department or a registration state.
(41)
Shipper--The owner of household goods or the owner's representative.
(42)
Short-term lease--A lease of 30 days or less.
(43)
Single state registration system--The program established
by 49 USC §14504.
(44)
SOAH--The State Office of Administrative Hearings.
(45)
State of travel--A state in which a motor carrier operates
motor vehicles subject to the single state registration system.
(46)
Substitute vehicle--A vehicle that is leased from a leasing
business and that is used as a temporary replacement for a vehicle that has
been taken out of service for maintenance, repair, or any other reason causing
the temporary unavailability of the permanent vehicle.
(47)
Suspension--Temporary removal of privileges granted to
a registrant by the department or a registration state.
(48)
Towing company--A motor carrier that transports vehicles
using a tow truck.
(49)
Tow--The utilization of a mechanical device used to winch
or otherwise move another vehicle.
(50)
Tow truck--A motor vehicle equipped with or used in combination
with a mechanical device used to tow, winch, or otherwise move another vehicle.
The following motor vehicles are not considered tow trucks:
(A)
a motor vehicle owned and used exclusively by a governmental
entity, including a public school district;
(B)
a motor vehicle towing:
(i)
a race car;
(ii)
a motor vehicle for exhibition; or
(iii)
an antique motor vehicle;
(C)
a recreational vehicle towing another vehicle;
(D)
a motor vehicle used in combination with a tow bar, tow
dolly, or other mechanical device if the vehicle is not operated in the furtherance
of a commercial enterprise; or
(E)
a motor vehicle that is controlled or operated by a farmer
or rancher and that is used for towing a farm vehicle.
(51)
Type B household goods carrier--A household goods carrier
that does not use a motor vehicle or combination of vehicles with a gross
weight, registered weight, or gross weight rating in excess of 26,000 pounds.
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 28, 2006.
TRD-200602397
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: May 18, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §§18.13, 18.14, 18.16, 18.17
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, §643.003, which allows the department
to adopt rules to administer Chapter 643 regarding motor carrier registration;
and Occupations Code, §2303.051, which provides the commission with the
authority to establish rules regarding vehicle storage facilities.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 643, and Occupations Code, Chapter 230.
§18.13.Application for Motor Carrier Registration.
(a)
Form of application. An application for motor carrier registration
must be filed with the department's Motor Carrier Division and except as provided
in subsection (i) of this section, must be in the form prescribed by the director
and must contain, at a minimum, the following information.
(1)
Business or trade name. The applicant must designate the
business or trade name of the motor carrier.
(2)
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 must indicate
principal officers and titles.
(3)
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.
(4)
Legal Agent.
(A)
A Texas-domiciled motor carrier must provide the name 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 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 address for service of process.
(5)
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.
(6)
Type of motor carrier operations. An applicant must state
if the applicant:
(A)
proposes to transport passengers, household goods, or hazardous
materials;
(B)
is a tow truck company that performs nonconsent tows; or
(C)
is domiciled in a foreign country.
(7)
Insurance coverage. An applicant must indicate insurance
coverage as required by §18.16 of this subchapter.
(8)
Safety affidavit. Each motor carrier must complete, as
part of the application, an affidavit stating that the motor carrier knows
and will conduct operations in accordance with all federal and state safety
regulations.
(9)
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.
(A)
Drug-testing consortium participants. 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.
(B)
Report of positive result. A motor carrier required to
register under this section shall report to the Department of Public Safety,
in the manner required by the Department of Public Safety, a valid positive
result on a controlled substances test performed as part of the carrier's
drug testing program on an employee of the carrier who holds a commercial
driver's license under Transportation Code, Chapter 522. The term "employee"
as used in this subparagraph includes all employees as defined in Title 49,
Code of Federal Regulations, Part 40.3.
(10)
Duration of registration. An applicant must indicate the
duration of the desired registration. Registration may be for seven calendar
days or for 90 days, one year, or two years. The duration of registration
chosen by the applicant will be applied to all vehicles. Household goods carriers
may not obtain seven day or 90 day certificates of registration.
(11)
Additional requirements. The following fees 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, other than a tow truck, requiring
registration or $25 for each tow truck that the motor carrier proposes to
operate under a seven day, 90 day, or annual registration; or
(ii)
$20 for each vehicle, other than a tow truck, requiring
registration or $50 for each tow truck 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 §18.16
of this subchapter.
(D)
An application must be accompanied by any other information
required by law.
(12)
Application of fees. Applicants who have paid vehicle
fees under §18.17 of this subchapter may request that the department
apply those fees to the carrier's motor carrier registration. The request
must be accompanied by a copy of the Single State Registration receipt. On
review of the Single State Registration receipt, the department will apply
fees paid under the Single State Registration System as follows.
(A)
The per vehicle fees paid by the applicant will be applied
on a per vehicle basis toward the vehicle fees that the applicant owes for
the vehicles registered under motor carrier registration.
(B)
Vehicle fees will be applied only to the first year of
registration if an applicant applies for a biennial motor carrier registration.
The motor carrier must pay all vehicle fees for the second year.
(b)
Incomplete applications. The director will return an application
to the applicant if it is not accompanied by all fees and by proof of insurance
or financial responsibility.
(c)
Conditional acceptance of application. The director may
conditionally accept an application if it is accompanied by all fees and by
proof of insurance or financial responsibility, but is not accompanied by
all required information. Conditional acceptance in no way constitutes approval
of the application. The director will notify the applicant of any information
necessary to complete the application. If the applicant does not supply all
necessary information within 45 days from notification by the director, the
application will be considered withdrawn and all fees will be retained.
(d)
Disposition of application.
(1)
Approval. An applicant meeting the requirements of this
section and whose registration is approved will be issued the following documents.
(A)
Certificate of registration. The department will issue
a certificate of registration. The certificate of registration will contain
the name and address of the motor carrier and a single registration number,
regardless of the number of vehicles requiring registration that the carrier
operates.
(B)
Insurance cab card. The department will issue an original
insurance cab card listing all vehicles to be operated under the carrier's
certificate of registration. The insurance cab card shall be continuously
maintained at the registrant's principal place of business. The insurance
cab card will be valid for the same period as the motor carrier's certificate
of registration and will contain information regarding each vehicle registered
by the motor carrier. This subparagraph does not apply to Type B household
goods carriers.
(i)
A copy of the page of the insurance cab card on which the
vehicle is shown shall be maintained in each vehicle listed. The appropriate
information concerning that vehicle shall be highlighted. The insurance cab
card will serve as proof of insurance as long as the motor carrier has continuous
insurance or financial responsibility on file with the department.
(ii)
On demand by a department-certified inspector or any other
authorized government personnel, the driver shall present the highlighted
page of the insurance cab card that is maintained in the vehicle.
(iii)
The carrier shall notify the department in writing if
it discontinues use of a registered commercial motor vehicle before the expiration
of its insurance cab card.
(iv)
Any erasure, alteration, or unauthorized use of an insurance
cab card renders it void.
(v)
If an original insurance cab card is lost, stolen, destroyed,
or mutilated, if it becomes illegible, or if it otherwise requires replacement,
a new insurance cab card will be issued by the department at the request of
the motor carrier.
(vi)
Registration listings previously issued by the department
will remain valid until expiration or renewal or until revoked or suspended
by the department.
(2)
Denial. The department may deny a registration if the applicant
had a registration revoked under §18.72 of this chapter.
(e)
Additional and Replacement Vehicles. A motor carrier required
to obtain a certificate of registration under this section shall not operate
additional vehicles unless the carrier identifies the vehicles on a form prescribed
by the director and pays applicable fees as described in this subsection.
(1)
Additional vehicles. To add a vehicle, a motor carrier
must pay a fee of $10 for each additional vehicle, other than a tow truck,
or $25 for each tow truck that the motor carrier proposes to operate under
a seven day, 90 day, or annual registration. To add a vehicle during the first
year of a biennial registration, a motor carrier must pay a fee of $20 for
each vehicle, other than a tow truck, or $50 for each tow truck. To add a
vehicle during the second year of a biennial registration, a motor carrier
must pay a fee of $10 for each vehicle, other than a tow truck, or $25 for
each tow truck.
(2)
Replacement vehicles. No fee is required for a vehicle
that is replacing a vehicle for which the fee was previously paid. Before
the replacement vehicle is put into operation, the motor carrier shall notify
the department, identify the vehicle being taken out of service, and identify
the replacement vehicle on a form prescribed by the department. A motor carrier
registered under seven day registration may not replace vehicles.
(3)
Fees paid under the Single State Registration System. Vehicle
fees paid under §18.17 of this subchapter will be applied toward a motor
carrier's vehicle fees under subsection (a)(12) of this section.
(f)
Supplement to original application. A motor carrier required
to register under this section shall submit a supplemental application under
the following circumstances.
(1)
Change of cargo. A registered motor carrier may not begin
transporting household goods or hazardous materials, or performing nonconsent
tows, unless the carrier submits a supplemental application to the department
and shows the department evidence of insurance or financial responsibility
in the amounts specified by §18.16 of this subchapter.
(2)
Change of name. A motor carrier that changes its name shall
file a supplemental application for registration no later than the effective
date of the change. The motor carrier shall include evidence of insurance
or financial responsibility in the new name and in the amounts specified by §18.16
of this subchapter. A motor carrier that is a corporation must have its name
change approved by the Texas Secretary of State before filing a supplemental
application. A motor carrier incorporated outside the State of Texas must
complete the name change under the law of its state of incorporation before
filing a supplemental application.
(3)
Change of address or legal agent for service of process.
A motor carrier shall file a supplemental application for any change of address
or any change of its legal agent for service of process no later than the
effective date of the change. The address most recently filed will be presumed
conclusively to be the current address.
(4)
Change in principal officers and titles. A motor carrier
that is a corporation shall file a supplemental application for any change
in the principal officers and titles no later than the effective date of the
change.
(5)
Conversion of corporate structure. A motor carrier that
has successfully completed a corporate conversion involving a change in the
name of the corporation shall file a supplemental application for registration
and evidence of insurance or financial responsibility reflecting the new company
name. The conversion must be approved by the Texas Secretary of State before
the supplemental application is filed.
(6)
Change in drug-testing consortium status. A motor carrier
that changes consortium status shall file a supplemental application that
includes the names of the persons operating the consortium.
(7)
Retaining a revoked or suspended certificate of registration
number. A motor carrier may retain a prior certificate of registration number
by:
(A)
filing a supplemental application to re-register instead
of filing an original application; and
(B)
providing adequate evidence that the carrier has satisfactorily
resolved the facts that gave rise to the suspension or revocation.
(g)
Change of ownership. A motor carrier must file an original
application for registration when there is a corporate merger or a change
in the ownership of a sole proprietorship or of a partnership.
(h)
Alternative vehicle registration for household goods agents.
To avoid multiple registrations of a commercial motor vehicle, a household
goods agent's vehicles may be registered under the motor carrier's certificate
of registration under this subsection.
(1)
The carrier must notify the department on a form approved
by the director of its intent to register its agent's vehicles under this
subsection.
(2)
When a carrier registers vehicles under this subsection,
the carrier's certificate will include all vehicles registered under its agent's
certificates of registration. The carrier must register under its certificate
of registration all vehicles operated on its behalf that do not appear on
its agent's certificate of registration.
(3)
The department may send the carrier a copy of any notification
sent to the agent concerning circumstances that could lead to denial, suspension,
or revocation of the agent's certificate.
(i)
Type B household goods carriers. An application for motor
carrier registration submitted by a Type B household goods carrier shall be
in the form prescribed by the director.
(1)
The carrier's application must contain all the information
described in subsection (a) of this section, except for the information specified
in subsection (a)(5) and (7) of this section.
(2)
The carrier's application must be accompanied by a $100
application fee.
(3)
The carrier's application must be accompanied by proof
of financial responsibility for cargo loss or damage and by the filing fee
specified in §18.16 of this subchapter.
(4)
The carrier's application must include a statement certifying
that the carrier:
(A)
is in compliance with Transportation Code, Chapter 601;
and
(B)
if the carrier maintains an automobile liability insurance
policy to comply with Transportation Code, Chapter 601, then the policy is
an enforceable commercial or business automobile liability insurance policy.
(5)
The department will issue an original certificate of registration,
which must be continuously maintained at the registrant's principal place
of business.
(6)
A carrier shall carry a copy of its certificate of registration
either in the cab of each vehicle or in each trailer used for the transportation
of household goods.
(7)
The carrier shall notify the department in writing when
it discontinues operations as a transporter of household goods.
(8)
On demand by a department-certified inspector or any other
authorized government personnel, the driver shall present the certificate
of registration maintained in the vehicle.
(9)
The certificate of registration is continuously in effect
until suspended or revoked by the department. A motor carrier may voluntarily
cancel the certificate of registration by submitting a supplemental application
or written request.
(10)
Any erasure, alteration, or unauthorized use of a certificate
of registration renders it void.
(j)
Substitute vehicles leased from leasing businesses. A registered
motor carrier is not required to comply with the provisions of subsection
(e) of this section for a substitute vehicle leased from a business registered
under §18.19 of this subchapter. A motor carrier is not required to carry
proof of registration as described in subsection (d) of this section if a
copy of the lease agreement for the originally leased vehicle is carried in
the cab of the temporary replacement vehicle.
§18.14.Expiration and Renewal of Commercial Motor Vehicle Registration.
(a)
Expiration and renewal dates.
(1)
A motor carrier with annual or biennial registration, other
than a Type B household goods carrier, will be assigned a date for the expiration
and renewal of its motor carrier registration according to the last digit
of the carrier's certificate of registration number, as outlined in the following
chart:
Figure: 43 TAC §18.14(a)(1) (No change.)
(2)
Certificates of registration for Type B household goods
carriers remain in effect until suspended or revoked.
(3)
90 day certificates of registration are valid for 90 calendar
days from the effective date.
(4)
Seven day certificates of registration are valid for seven
calendar days from the effective date.
(b)
Registration renewal.
(1)
Approximately 60 days before the expiration of registration,
the department will mail or send electronically a renewal notice to each registered
motor carrier with annual or biennial registration, other than a Type B household
goods carrier. The notice will be mailed to the carrier's last known address
according to the division's records. Failure to receive the notice does not
relieve the registrant of the responsibility to renew. A motor carrier must
ensure that the department receives the renewal at least 15 days prior to
the renewal date specified in subsection (a) of this section. A supplement
to an application for motor carrier registration renewal must:
(A)
supply any new information required under §18.13(f)
of this subchapter if the information has not previously been supplied to
the department;
(B)
include a $10 fee for each vehicle, other than a tow truck,
requiring registration or $25 for each tow truck that the carrier operates
under an annual certificate of registration and a $20 fee for each vehicle,
other than a tow truck, requiring registration or $50 for each tow truck that
the carrier operates under a biennial certificate of registration; and
(C)
include a copy of the Single State Registration receipt
when requesting that vehicle fees paid under §18.17 of this subchapter
be applied toward the fees specified by this subsection.
(2)
Seven day and 90 day registrations may not be renewed.
(3)
A motor carrier shall maintain continuous insurance or
evidence of financial responsibility in an amount at least equal to the amount
prescribed under §18.16 of this subchapter.
(4)
The insurance cab card issued to a motor carrier is valid
for the same period as the motor carrier's certificate of registration.
(5)
To renew registration after it has expired, a motor carrier
must identify its vehicles on a form prescribed by the director, pay all vehicle
fees, and if current proof of insurance is not on file with the division,
meet all insurance requirements.
§18.16.Insurance Requirements.
(a)
Automobile liability insurance requirements.
(1)
A motor carrier, other than a Type B household goods carrier,
must file proof of commercial automobile liability insurance with the department
on a form acceptable to the director for each vehicle required to be registered
under this subchapter. The motor carrier must carry and maintain automobile
liability insurance that is combined single limit liability for bodily injury
to or death of an individual per occurrence, loss or damage to property (excluding
cargo) per occurrence, or both. Extraneous information will not be considered
acceptable, and the department may reject proof of commercial automobile liability
insurance if it is provided in a format that includes information beyond what
is required. Minimum insurance levels are indicated in the following table.
(2) Type B household goods carriers shall comply with the applicable
requirements of Transportation Code, Chapter 601. If a Type B household goods
carrier maintains an automobile liability insurance policy to comply with
Transportation Code, Chapter 601, the policy must be an enforceable commercial
or business automobile liability insurance policy.
(b)
Cargo insurance.
(1)
Household goods carriers shall file and maintain with the
department proof of financial responsibility.
(A)
The minimum limits of financial responsibility for a household
goods carrier for hire is $5,000 for loss or damage to a single shipper's
cargo carried on any one motor vehicle.
(B)
The minimum limits of financial responsibility for a household
goods carrier for hire is $10,000 for aggregate loss or damage to multiple
shipper cargo carried on any one motor vehicle. In cases in which multiple
shippers sustain damage and the aggregate amount of cargo damage is greater
than the cargo insurance in force, the insurance company shall prorate the
benefits among the shippers in relationship to the damage incurred by each
shipper.
(2)
Tow truck company performing nonconsent tows. A tow truck
company that performs nonconsent tows shall file and maintain with the department
proof of financial responsibility for on-hook cargo. The minimum level of
financial responsibility for each registered vehicle performing nonconsent
tows will be in the amount of at least $50,000.
(c)
Workers' compensation or accidental insurance coverage.
(1)
A motor carrier that is required to register under this
subchapter and whose primary business is transportation for compensation or
hire between two or more incorporated cities, towns, or villages shall provide
workers' compensation for all its employees or accidental insurance coverage
in the amounts prescribed in paragraph (2) of this subsection.
(2)
Accidental insurance coverage required by paragraph (1)
of this subsection shall be at least in the following amounts:
(A)
$300,000 for medical expenses and coverage for at least
104 weeks;
(B)
$100,000 for accidental death and dismemberment, including
70% of employee's pre-injury income for not less than 104 weeks when compensating
for loss of income; and
(C)
$500 for the maximum weekly benefit.
(d)
Qualification of motor carrier as self-insured.
(1)
General qualifications. A motor carrier may meet the insurance
requirements of subsections (a) and (b) of this section by filing an application,
in a form prescribed by the department, to qualify as a self-insured. The
application must include a true and accurate statement of the motor carrier's
financial condition and other evidence that establishes its ability to satisfy
obligations for bodily injury and property damage liability without affecting
the stability or permanency of its business. The department may accept United
States Department of Transportation evidence of the motor carrier's qualifications
as a self-insured.
(2)
Adopted final orders. The department adopts all final orders
of the Railroad Commission of Texas to the extent that they concern self-insurance
and were in effect on August 31, 1995. Those final orders are continued in
effect until changed by order of the department.
(3)
Applicant guidelines. In addition to filing an application
as prescribed by the department, an applicant for self-insured status must
submit materials that will allow the department to determine the following
information.
(A)
Applicant's net worth. An applicant's net worth must be
adequate in relation to the size of its operations and the extent of its request
for self-insurance authority. The applicant must demonstrate that it can and
will maintain an adequate net worth.
(B)
Self-insurance program. An applicant must demonstrate that
it has established and will maintain a sound insurance program that will protect
the public against all claims involving motor vehicles to the same extent
as the minimum security limits applicable under this section. In determining
whether an applicant is maintaining a sound insurance program, the department
will consider:
(i)
reserves;
(ii)
sinking funds;
(iii)
third-party financial guarantees;
(iv)
parent company or affiliate sureties;
(v)
excess insurance coverage; and
(vi)
other appropriate aspects of the applicant's program.
(C)
Safety program. An applicant must submit evidence of substantial
compliance with the Federal Motor Carrier Safety Regulations as adopted by
the Texas Department of Public Safety and with Transportation Code, Chapter
644.
(4)
Other securities or agreements. The department may accept
an application for approval of a security or agreement if satisfied that the
security or agreement offered will adequately protect the public.
(5)
Periodic reports. An applicant shall file annual statements,
semi-annual and quarterly reports, and any other reports required by the department
reflecting the applicant's financial condition and the status of its self-insurance
program while the motor carrier is self-insured.
(6)
Duration of self-insured status. The department may approve
an applicant as a self-insured for any specific time or for an indefinite
time.
(7)
Revocation of self-insured status. On receiving evidence
that a self-insured motor carrier's financial condition has changed, that
its safety program or record is inadequate, or that it is otherwise not in
compliance with this subchapter, the department may at any time require the
self-insured to provide additional information. On 10 days notice from the
department, the self-insured shall appear and demonstrate that it continues
to have adequate financial resources to pay all claims involving motor vehicles
for bodily injury and property damage liability. The self-insured shall also
demonstrate that it remains in compliance with the requirements of this section
and of any active self-insurance orders issued or adopted by the department.
If an applicant fails to comply with this paragraph, its self-insured status
may be revoked.
(8)
Appeal. An applicant may appeal a denial or revocation
of self-insurance status by filing a petition for an administrative hearing
in accordance with §§1.21 et seq. of this title (relating to Procedures
in Contested Cases).
(e)
Filing proof of insurance with the department.
(1)
Forms.
(A)
A motor carrier, other than a Type B household goods carrier,
shall file and maintain proof of automobile liability insurance for all vehicles
required to be registered under this subchapter at all times. This proof shall
be filed on a form acceptable to the director.
(B)
A household goods carrier shall file and maintain proof
of cargo insurance for its cargo at all times. This proof shall be on a form
acceptable to the director.
(C)
A tow truck company that performs nonconsent tows shall
file and maintain with the department proof of on-hook cargo insurance for
all nonconsent tows. This proof shall be on a form acceptable to the director.
(2)
Filing proof of insurance and financial responsibility.
A motor carrier's insurance or surety company, bank, or other financial institution
shall file and maintain proof of insurance or financial responsibility on
a form acceptable to the director:
(A)
at the time of the original application for motor carrier
certificate of registration;
(B)
on or before the cancellation date of the insurance coverage
as described in subsection (f) of this section;
(C)
when the motor carrier changes insurers;
(D)
when the motor carrier asks to retain the certificate number
of a revoked certificate of registration;
(E)
when the motor carrier changes its name under §18.13(f)(2)
of this subchapter;
(F)
when the motor carrier, under subsection (a) of this section,
changes the classification of the cargo being transported; and
(G)
when replacing another active insurance filing.
(3)
Filing fee. Each certificate of insurance or proof of financial
responsibility filed with the department for the coverage required under this
section shall be accompanied by a nonrefundable filing fee of $100. This fee
applies both when the carrier submits an original application and when the
carrier submits a supplemental application when retaining a revoked certificate
of registration number.
(4)
Acceptable filings. The department will not accept an insurance
policy or certificate of insurance unless it is issued by an insurance company
licensed and authorized to do business in the State of Texas. It must be in
a form prescribed or approved by the DOI and signed or countersigned by an
authorized agent of the insurance company. The department will accept a certificate
of insurance issued by a surplus lines insurer that meets the requirements
of Insurance Code, Article 1.14-2, and rules adopted by the DOI under that
article.
(f)
Cancellation of insurance coverage. Except when replaced
by another acceptable form of insurance coverage or proof of financial responsibility
approved by the department, no insurance coverage shall be canceled or withdrawn
until 30 days after notice has been given to the department by the insurance
company in a form approved by the department. Nonetheless, proof of insurance
coverage for a seven day or 90 day certificate of registration may be canceled
by the insurance company without 30 days notice if the certificate of registration
is expired, suspended, or revoked, and the insurance company provides a cancellation
date on the proof of insurance coverage. The department will revoke a certificate
of registration under §18.72 of this chapter for failure to maintain
proof of current insurance.
(g)
Replacement insurance filing. The department will consider
a new insurance filing as the current record of financial responsibility required
by this section if:
(1)
the new insurance filing is received by the department;
and
(2)
a cancellation notice has not been received for previous
insurance filings.
(h)
Insolvency of insurance carrier. If the insurer of a motor
carrier becomes insolvent or becomes involved in a receivership or other insolvency
proceeding, the motor carrier must file an affidavit with the department.
The affidavit must be executed by an owner, partner, or officer of the motor
carrier and show that:
(1)
no accidents have occurred and no claims have arisen during
the insolvency of the insurance carrier; or
(2)
all claims have been satisfied.
(i)
Notifications. The department shall notify the Texas Department
of Public Safety and other law enforcement agencies of each motor carrier
whose certificate of registration has been revoked for failing to maintain
liability insurance coverage.
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 28, 2006.
TRD-200602398
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: May 18, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §18.18
STATUTORY AUTHORITY
The repeal is 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, §643.003, which allows the department to adopt rules
to administer Chapter 643 regarding motor carrier registration; and Occupations
Code, §2303.051, which provides the commission with the authority to
establish rules regarding vehicle storage facilities.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 643, and Occupations Code, Chapter 230.
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 28, 2006.
TRD-200602399
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: May 18, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §§18.51, 18.58, 18.63 - 18.65
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, §643.003, which allows the department
to adopt rules to administer Chapter 643 regarding motor carrier registration;
and Occupations Code, §2303.051, which provides the commission with the
authority to establish rules regarding vehicle storage facilities.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 643, and Occupations Code, Chapter 230.
§18.65.Tariff Registration.
(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. The tariff shall establish maximum rates and charges
for transportation services when a highway between two or more incorporated
cities, towns or villages is traversed. A household goods carrier who is not
a member of an approved association under §18.64 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 §18.64 of this title (relating
to Rates), 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 §18.54 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).
(2)
Interstate tariff. In accordance with Transportation Code, §643.153,
a household goods carrier may satisfy the requirements of this subsection
by filing a copy of its tariff governing interstate household goods transportation
services.
(3)
Transmittal letter. A transmittal letter shall accompany
a tariff being filed. The transmittal letter shall provide:
(A)
the name of the household goods carrier;
(B)
the Texas mailing address and street address of the household
goods carrier's principal office;
(C)
the household goods carrier's registration number;
(D)
the name and title of the household goods carrier's representative
authorizing the tariff filing; and
(E)
whether the tariff is being filed on behalf of a member
carrier.
(4)
Format. Tariffs shall be filed:
(A)
on 8 1/2" x 11" paper;
(B)
with a cover sheet showing:
(i)
the name of the issuing household goods carrier or collective
ratemaking association;
(ii)
the Texas mailing and street address;
(iii)
the issuance date of the tariff;
(iv)
the effective date of the tariff; and
(v)
the tariff number; and
(C)
separated into the following sections:
(i)
general rules;
(ii)
accessorial services; and
(iii)
rates.
(5)
Item numbers. Individual items shall be titled and designated
by item number.
(6)
Amendments. Any amendment to a tariff shall be filed with
the department not less than 10 days prior to the effective date of the amendment.
The household goods carrier or collective ratemaking association filing on
behalf of its member may either file an amended tariff in total or an amendment
referencing the specific sections and items which are being amended. The amendment
format shall be the same as required by paragraph (4) of this subsection.
A transmittal letter providing the same information as required by paragraph
(3) of this subsection shall accompany the amendment filing.
(7)
Rejection. The department will reject a tariff or amendment
filing if it is determined the tariff:
(A)
fails to meet the requirements of this section; or
(B)
fails to fully disclose, in clear and concise terms, all
rates, charges, and rules.
(8)
Electronic filings. A household goods carrier may file
an electronic copy of its tariff provided that the document is consistent
with the provision of this subsection and is formatted in Microsoft Word or
other format approved by the director.
(b)
Operations. The department will accept a tariff which is
in substantial compliance with this section if the tariff was submitted prior
to November 1, 1995.
(c)
Access. In accordance with Transportation Code, §643.153,
tariffs filed in accordance with this section will be made available for public
inspection at the Motor Carrier Division, 4203 Bull Creek Road, Building 22,
Austin, Texas, 78731, and by calling 1-800-299-1700.
(d)
Conflicts. All provisions of household goods carriers'
tariffs are superseded to the extent they may conflict with the provisions
of this chapter.
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 28, 2006.
TRD-200602401
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: May 18, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §§18.82, 18.87 - 18.93, 18.96
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, §643.003, which allows the department
to adopt rules to administer Chapter 643 regarding motor carrier registration;
and Occupations Code, §2303.051, which provides the commission with the
authority to establish rules regarding vehicle storage facilities.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 643, and Occupations Code, Chapter 230.
§18.92.Technical Requirements.
(a)
Release of vehicles. The licensee shall comply with the
following requirements when releasing vehicles.
(1)
The licensee shall comply with all provisions of Texas
Transportation Code, Chapter 685, relating to the rights of the owner of a
stored vehicle, including providing the name, address, and telephone number
of:
(A)
the justice court that has jurisdiction in the precinct
in which the vehicle storage facility is located; and
(B)
the name, address and telephone number of the person or
law enforcement agency that authorized the tow.
(2)
The licensee shall provide the owner or the owner's representative
with a tow ticket or wrecker slip as prescribed in §18.88 of this subchapter.
(3)
Except as provided in subsection (a)(8) of this section,
the licensee shall allow the vehicle owner or his/her authorized representative
to obtain possession of the vehicle at any time between the hours listed on
the facility information sign posted as described in §18.91(d)(1) of
this subchapter, upon payment of all fees due, presentation of valid identification
(Texas drivers license or other state or federally issued photo identification),
and upon presentation of:
(A)
a notarized power-of-attorney;
(B)
a court order;
(C)
a certificate of title;
(D)
a tax collector's receipt and a vehicle registration renewal
card accompanied by a conforming identification;
(E)
notarized proof of loss claim of theft from an insurance
company to show a right to possession;
(F)
positive name and address information corresponding to
that contained in the files of the department's Vehicle Titles and Registration
Division; or
(G)
a department approved Affidavit of Right of Possession
and Control, as defined in §18.82 of this subchapter, which is to be
furnished by the licensee upon request (an Affidavit of Right of Possession
and Control is not to be used as a repossession instrument).
(4)
All vehicle storage facilities shall have vehicles available
for release 24 hours a day within one hour's notice if it accepts vehicles
24 hours a day.
(5)
If a vehicle storage facility does not accept vehicles
24 hours a day, such facility must have vehicles available for release within
one hour between the hours of 8:00 a.m. and midnight Monday-Saturday and from
8:00 a.m. to 5:00 p.m. on Sundays except for nationally recognized holidays.
It is not the intent of this section to require release of vehicles after
midnight, and refusal to release after that time, even with notice after 11:00
p.m., is not a violation of this section.
(6)
In addition to other forms of payment accepted by the vehicle
storage facility, one of the following must be accepted for any charge associated
with delivery or storage of a vehicle:
(A)
credit card;
(B)
debit card; or
(C)
electronic check.
(7)
the licensee may not refuse to release the vehicle to the
vehicle's owner due to nonpayment by the law enforcement agency that directed
the towing and storage of the vehicle for evidentiary or examination purposes.
(8)
Pursuant to 37 TAC §4.16, relating to commercial vehicle
regulations and enforcement procedures, a commercial motor vehicle stored
at the direction of the Texas Department of Public Safety shall not be released
until the amount of delinquent administrative penalty assessed against the
motor carrier has been paid.
(b)
Notification of insurance information. Upon request by
the vehicle owner or the vehicle owner's authorized representative, the licensee
shall provide the name, address, and telephone number of the insurance company
that is providing required garage keeper's legal liability insurance coverage
to the facility, in addition to the facility's insurance policy or certificate
number for purposes of filing a claim for loss or damage of property. The
insurance information shall be the same as that on file with the department.
(c)
Publicly listed telephone number. All vehicle storage facilities
shall have a publicly listed and operable telephone where the licensee can
be contacted. If the telephone number is changed from the number set out in
the vehicle storage license application, the licensee shall give the department
written notice of the change prior to the date the new number is used. The
notice shall include the storage lot's name, its location, its license number,
the old telephone number, and the new telephone number.
(d)
Inspection of stored vehicles. When the licensee, the licensee's
agent, or the licensee's employee accepts a vehicle towed without the vehicle
owner's consent, such person shall inspect the vehicle and note as an addition
on the wrecker slip or wrecker ticket any differences from the information
previously set out thereon, but shall not write over or deface any prior writing
on the slip or ticket. If the license plate number or vehicle identification
number on the wrecker ticket or wrecker slip are incorrect, the vehicle storage
facility shall note on its records the correct number and notify every previously
advised person within 48 hours of noting the correct information.
(e)
Removal of parts; dismantling or demolishing of stored
vehicles. Except as stated to the contrary in this section, no parts shall
be removed from any vehicle, and no vehicle shall be dismantled or demolished
within the storage area of a licensed vehicle storage facility. Vehicles may
be dismantled or demolished only if the storage lot has a certificate of title,
certificate of authority to demolish, police auction sales receipt, or transfer
document issued by the State of Texas for the vehicle being dismantled or
demolished.
(f)
Use of stored vehicles. No stored vehicle may be utilized
for personal or business use without the written consent of the vehicle's
owner.
(g)
Reasonable storage efforts. A vehicle storage facility
operator shall make reasonable efforts necessary for the storage of a vehicle,
such as locking doors, rolling up windows, and closing doors, hatchbacks,
sun roofs, trunks, hoods, or convertible tops. Such actions are included in
the storage fee as set forth in §18.93 of this subchapter.
(h)
Impoundment of stored vehicles. If doors, windows, convertible
tops, hatchbacks, sun roofs, trunks, or hoods are broken or inoperative, materials
such as plastic or canvas tarpaulins must be used to ensure the preservation
of the stored vehicle. A vehicle storage facility operator is entitled to
charge a fee for impoundment if, in addition to the requirements set out in
this subsection, the vehicle storage facility operator, at a minimum:
(1)
conducts a written inventory of any unsecured personal
property contained in the vehicle;
(2)
removes and stores all such property for which safekeeping
is necessary, and specifies such removal and storage on the written inventory;
and
(3)
obtains motor vehicle registration information for the
vehicle from the department.
(i)
Repair or alteration of stored vehicles. A vehicle accepted
for storage may not be repaired, altered, or have parts removed or replaced
without the vehicle owner's or his authorized representative's consent.
(j)
Vehicle transfers. When a motor vehicle has been delivered
to a vehicle storage facility, the vehicle may not be moved from that facility
within the first 31 days of storage without the vehicle owner's authorization.
If it becomes necessary to move the vehicle during the first 31 days of storage
because of vehicle storage facility capacity problems, neither the registered
vehicle owner nor recorded lienholder(s) may be assessed an additional charge.
The vehicle storage facility must send notice in accordance with §18.87
of this subchapter, except that the notice must be sent no less than 72 hours
prior to moving the vehicle. If a vehicle is moved from a vehicle storage
facility, the licensee shall:
(1)
charge only those fees otherwise permitted by §18.93
of this subchapter after the vehicle is towed to another location without
the vehicle owner's permission;
(2)
retain records and inform the vehicle owner upon request
of the location where the vehicle is at all times from the date on which the
vehicle is transferred from the vehicle storage facility until such time as
the vehicle is recovered by the vehicle owner, or a new certificate of title,
a certificate of authority to demolish, a police auction sales receipt, or
a transfer document is issued by the State of Texas; and
(3)
maintain a record of the ultimate disposition of the vehicle,
including the date and name of the person to whom the vehicle is released
or a description of the document under which the vehicle was sold or demolished.
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 28, 2006.
TRD-200602402
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: May 18, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
Subchapter B. UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL
Subchapter B. MOTOR CARRIER REGISTRATION
Subchapter E. CONSUMER PROTECTION
Subchapter G. VEHICLE STORAGE FACILITIES
Chapter 21.
RIGHT OF WAY