Proposed Rules Title 43

TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 17. VEHICLE TITLES AND REGISTRATION

SUBCHAPTER B. MOTOR VEHICLE REGISTRATION

The Texas Department of Transportation (department) proposes the repeal of §17.40, Marketing of Specialty License Plates through a Private Vendor and simultaneously proposes new §17.40, Marketing of Specialty License Plates through a Private Vendor; new §17.41, Removal of License Plates and Registration Insignia upon Sale of Motor Vehicle; and amendments to §17.51, Registration Reciprocity Agreements.

EXPLANATION OF PROPOSED REPEAL, AMENDMENTS, AND NEW SECTIONS

The proposed repeal, amendments, and new sections are necessary to implement the provisions of House Bill 310, 80th Legislature, Regular Session, 2007; update and clarify existing information regarding specialty license plates that are marketed by a private vendor; and update or clarify existing information regarding apportioned registration.

House Bill 310 provided for the removal of license plates and registration insignia upon the sale or transfer of a motor vehicle, the disposition of the removed license plates, the transfer of removed license plates to another vehicle, and the process for issuance of a vehicle transit permit to buyers of vehicles from which the license plates were removed.

Section 17.40 is repealed and replaced with new §17.40. Extensive rearrangement of the existing subsections is made to improve readability. Numerous other subsections are added. New §17.40 provides the application requirements and process for approval of new designs submitted by the marketing vendor; clarifies the different types of replacements and the associated fees; provides the vendor the ability to request a redesign of a previously-approved vendor specialty license plate design; establishes the requirements for replacement and associated replacement fees, including replacement of stolen license plates; and adds a process and fees for a person requesting "restyled" license plates. The process for application review and approval of vendor specialty license plates is intended to be similar to the process described in 43 TAC §17.28(i) for development of new non-vendor specialty license plates. Throughout new §17.40, the term "vendor-marketed specialty license plates" has been simplified to "vendor specialty license plates."

New §17.40(a), Purpose and scope, provides a general description of the section, the statutory citations that authorize the vendor marketing program, and clarification of terminology used in the section.

New §17.40(b), Application for approval of vendor specialty license plate designs, clarifies that each license plate design the vendor proposes to market must be approved by the department. This subsection also provides the requirements for submission of a written application by the vendor and the items that must accompany the application.

New §17.40(c), Review and approval process, establishes that the specialty license plate committee established under 43 TAC §17.28(i) will review the applications and additional documentation provided with the vendor's application. It allows the committee to request additional information and provides that a decision on an application may be postponed until the next committee meeting if the requested additional information is not received.

New §17.40(d), Committee recommendation and public comment, provides the criteria that the committee will use when reviewing and making a recommendation on the proposed vendor specialty license plate designs. Section 17.40(d) also provides that if the committee recommends the issuance of the vendor's proposed specialty license plate design, the design will be posted on the department's website for a 10-day period to receive public comments. The department will notify all specialty plate organizations and the sponsoring agencies who administer license plates issued in accordance with Transportation Code, Chapter 504, Subchapter G, of the posting, comment period, and manner for submitting public comments.

New §17.40(e), Final approval and specialty license plate issuance, provides that the executive director will make the final decision on the proposed vendor specialty license plate design. If approved, the vendor must submit a non-refundable start-up fee before any action may be taken to process the license plate design. The approved license plate design may not be the final design and the department will work with the vendor to finalize the design to ensure it complies with all format and license plate specifications.

New §17.40(f), Redesign of vendor specialty license plates, allows the vendor to redesign a department-approved vendor license plate by submitting a request and paying a fee that covers the administrative costs of the redesign.

New §17.40(g), Multi-year vendor specialty license plates, allows purchasers the option of purchasing vendor license plates for a one, five, or ten-year period which is the same option as under the repealed §17.40(b).

New §17.40(h), License plate categories and associated fees, provides the categories of specialty license plates that will be marketed by the vendor and the schedule of fees for each category. The vendor will offer the same three categories of specialty license plates as under repealed §17.40(d), but with different names: custom, premium, and luxury. The new names more clearly describe the type of license plates. The name for "Color/Themed" license plates in new §17.40(h)(1) is changed to "custom" license plates because the customer will be able to customize their license plates using the colors and themes available. In new §17.40(h)(2) the name for "Limited Edition/Special Event" license plates is changed to "premium" license plates because a premium choice for personalization will be available. The name for "Luxury/Prestige" license plates in new §17.40(h)(3) is shortened to "luxury" license plates. The fee schedule remains the same as it was in repealed §17.40(d).

New §17.40(i), Payment of fees, contains the same substance as repealed §17.40(c). It provides that the specialty license plate fee is paid directly to the vendor and that the fees for multi-year specialty license plate fees must be paid at one time to benefit from the reduced fee. The language also provides that specialty license plate fees are in addition to the annual registration fees.

New §17.40(j), Refunds, contains the same substance as repealed §17.40(a). This subsection describes a refund policy for vendor specialty license plates that is identical to the policy for specialty license plates approved by the department.

New §17.40(k), Replacement, reorganizes repealed §17.40(e) and adds new substance. The reorganized portion provides a replacement policy for vendor specialty license plates that is the same as the replacement policy for specialty license plates approved by the department. The application for replacement must be made directly to a county tax assessor-collector. Upon application and payment of the fee for replacement of a license plate an interim temporary tag will be issued by the county tax assessor-collector for use on the vehicle until the vendor specialty license plate has been remanufactured.

New §17.40(k) also adds provisions for no-charge replacements and optional replacements. The term "destroyed" has been replaced with "mutilated" to be consistent with the statutory terminology in Transportation Code, §502.184. Additionally, the fee for lost or mutilated vendor specialty license plates has been changed to reflect that the $5.30 statutory replacement fee, as provided under Transportation Code, §502.184, for all license plates that are lost or mutilated, will be assessed rather than the fee for replacement of a personalized license plate provided in Transportation Code, §504.101(d).

New §17.40(k)(3) clarifies that vendor specialty license plates will be replaced at no charge every seven years. This period is established to ensure that the license plates meet the requirements established in Transportation Code, §502.052 that license plates be reflectorized to provide effective and dependable brightness for the period for which the plates are issued.

New §17.40(k)(4), Optional replacements, establishes that a $30 optional replacement fee will be required if the owner of a vendor specialty license plate chooses to obtain a replacement for any reason, other than the license plate being lost or mutilated, before the seventh anniversary of the date of initial issuance.

New §17.40(k)(5), Interim replacement tags, establishes that if the vendor specialty license plates are lost or mutilated to such an extent that they are unusable, replacement license plates will need to be remanufactured and the county tax assessor-collector will issue interim replacement tags until the replacements are available.

New §17.40(k)(6), Stolen vendor specialty license plates, establishes that a replacement vendor specialty license plate indicating the same license plate number will not be issued if a vehicle displaying the vendor specialty license plate or the actual vendor specialty license plate has been stolen. Not issuing a duplicate of a license plate number that has been reported stolen aids law enforcement and the vehicle owner by lessening the possibility of law enforcement incorrectly identifying a vehicle as stolen and stopping or apprehending the owner in error.

New §17.40(l), Transfer of vendor specialty license plates, contains the same substance as repealed §17.40(f). This section includes a transfer policy for vendor specialty license plates that tracks the provisions of §17.28(e) relating to the transfer policy for specialty plates approved by the department. The language explains when vendor specialty license plates may be transferred between vehicles and prohibits the transfer of vendor specialty license plates between owners.

New §17.40(m), Gift plates, contains the same substance as repealed §17.40(g). This subsection provides a policy for the purchase of vendor specialty license plates as a gift and the procedure for the use of the plates on a motor vehicle. This procedure includes information that will track the name of the recipient and the vehicle identification of the recipient's vehicle.

New §17.40(n), Restyled vendor specialty license plates, advises owners that they may request a restyled vendor specialty license plate and the fees for restyled license plates based on the category of license plate originally purchased. A restyled license plate is a license plate of a different style, but one that is within the same price category and has the same alpha-numeric characters as the originally purchased vendor specialty license plate. The fee for a restyled "custom" license plate is $95, the fee for a restyled "premium" license plate is $125, and the fee for a restyled "luxury" license plate is $145.

New §17.41, Removal of License Plates and Registration Insignia upon Sale of Motor Vehicle, addresses the provisions of House Bill 310.

New §17.41(a), Purpose, explains the purpose of the section to facilitate the transfer of plates to another vehicle owned by the same owner.

New §17.41(b), Disposition of removed license plates, provides information relating to removal and transfer of license plates when a vehicle is sold, traded, or transferred to a licensed motor vehicle dealer or in a private transaction between non-dealers. Section 17.41(b) also provides the criteria for transferring the removed license plates to another vehicle, addresses disposal of removed license plates if they are retained by the vehicle owner, and retention by the vehicle owner for future use on another motor vehicle.

New §17.41(c), Vehicle transit permit, provides information about how a motor vehicle buyer may obtain a vehicle transit permit that authorizes legal movement of the vehicle from the place of purchase when the seller has removed the license plates and registration insignia. The vehicle transit permit is valid for temporary movement of the vehicle for a five-day period, as provided by Transportation Code, §502.454, and must be kept in the vehicle at all times.

Amendments to §17.51, Registration Reciprocity Agreements, add provisions for denial or suspension of apportioned registration as required under the Federal Motor Carrier Safety Administration's (FMCSA) Performance and Registration Information Systems Management program (PRISM) and established by the Transportation Equity Act for the 21st Century (P.L. 105-178). The PRISM system allows information to be shared among participating International Registration Plan (IRP) vehicle registration agencies and the FMCSA to check the safety rating of motor carriers prior to issuing or renewing apportioned registration.

The department will begin piloting the PRISM program in June 2008, including denial or suspension of a registrant's apportioned registration if the registrant or the commercial vehicle being registered has been deemed to be unsafe and placed out of business by the FMCSA. In addition, the department will begin gathering necessary data as required under PRISM during this pilot period. Full implementation will not occur until June 2009.

Amendments to §17.51 also delete all references to temporary operating authority (TOA) permits because the department no longer issues these permits. The department has implemented an automated system for credentialing apportioned motor carriers (TxIRP) that allows for the electronic issuance of a temporary cab card, eliminating the need for TOA permits. The temporary cab card is similar to a TOA permit, but enables the department to better ensure that operating authority is issued only to legitimate motor carriers. Through the automated system, the department gained the capability to electronically issue a temporary cab card to a motor carrier after an interim application for title or registration is submitted. Before the implementation of the automated system, paper TOA permits were issued by multiple entities and could be obtained by a carrier who had not yet submitted an application for title or registration to the department. Some carriers used this process to circumvent the title and apportioned registration requirements and failed to apply for title or pay registration fees for operation of the vehicle as required. With the automated system, the department is better able to audit the temporary cab cards and assist law enforcement in verifying the validity of a motor carrier's registration.

Throughout §17.51, the term "mileage" is changed to "distance" since some carriers measure the distance traveled in kilometers rather than miles. As defined, the term "distance" encompasses distances measured in either miles or kilometers. Additionally, throughout §17.51 the decision-making process for cancellation, enforcement of cancellation, conference, appeal, and reinstatement of cancelled registration is amended to add that in addition to the director, a designee of the director may act.

Additional amendments to §17.51 update terminology to be consistent with the terminology used in the International Registration Plan (IRP) and update or clarify existing information.

Amendments to §17.51(a), Purpose, clarify that the department may enter into agreements relating to the apportionment of registration with foreign countries, as well as with other jurisdictions.

Amendments to §17.51(b), Definitions, add a definition of "distance" established in the IRP Plan that can be applied regardless of whether the distance traveled is measured in miles or kilometers. Subsequent paragraphs are renumbered.

Amendments to §17.51(b)(6) revise the name of the temporary permit that may be issued to motor carriers from "temporary operating authority" to "temporary cab card", and update the length of time for which the permit is valid.

Amendments to §17.51(c)(2)(A) correct terminology.

Amendments to §17.51(c)(2)(B) provide that the department adopts the most currently adopted edition of the International Registration Plan. The specific version adopted was previously cited; however, since the plan provisions are continually amended by plan members, the revised language is more accurate.

Amendments to §17.51(c)(2)(B)(iv) clarify an "established place of business" must be located in this state for purposes of obtaining apportioned registration and delete the specific location within the IRP plan of the definition of "established place of business" as the location can change when the plan is amended.

Amendments to §17.51(c)(2)(D) update how the fees associated with apportioned registration applications may be submitted. Registrants may now submit funds by personal check or using an electronic funds transfer process through an automated clearinghouse.

Amendments to §17.51(c)(2)(F) clarify that registrants must provide operational records for each vehicle in their fleet; update terminology from "recap" to "summary"; and add that registrants must provide distance summaries on an annual basis, as well as on a monthly and quarterly basis in accordance with the IRP.

Amendments to §17.51(c)(2)(G) clarify that if the department assesses additional registration fees after conducting an audit, the assessment could be up to 100% of the Texas intrastate registration fees in accordance with IRP. In addition, reference to temporary operating authority (TOA) is deleted since the department no longer issues TOAs.

Amendments to §17.51(c)(2)(I) delete the specific location within the IRP plan of the definition of "established place of business" as the location can change when the plan is amended.

Amendments to §17.51(c)(2)(J)(i) clarify that the registrant's license plates will be cancelled if additional fees assessed are not paid by the date prescribed in the notice.

Amendments to §17.51(c)(2)(J)(ii) indicate that conferences will now be conducted at division headquarters in Austin, rather than at a regional office. Previously, the scheduling and conferences were conducted by a VTR Regional Office supervisor at a regional office. This function has now been centralized so that the few inquiries will be consistently answered by the same staff.

Amendments to §17.51(c)(2)(J)(iii) clarify that an appeal hearing will only be conducted if the registrant makes the request for the hearing within the 20-day period prescribed for submitting the request.

Amendments to §17.51(c)(2)(K) eliminate the requirement that all previously issued apportioned license plates, cab cards, and TOAs have been surrendered to the department before apportioned registration may be reinstated. Surrender of these items is no longer required by the department before reinstatement, because in some cases, such as when the document was lost or destroyed, surrender is not possible.

New §17.51(c)(2)(L) adds that the department will deny issuance of a temporary cab card, suspend apportioned registration, or deny initial or renewal of a registrant's apportioned registration in accordance with the Federal Motor Carrier Safety Administration's (FMCSA) Performance and Registration Information Systems Management (PRISM) program. This program provides the ability for the department to check the safety rating of motor carriers provided by FMCSA before issuing or renewing a temporary cab card or apportioned license plates. An approved safety rating from FMCSA will be required before authorization for or reinstatement of apportioned registration to a motor carrier that was previously denied or suspended under the FMCSA's PRISM program. Former §17.51(c)(2)(L) is deleted in it's entirety as the department no longer issues TOAs.

New §17.51(c)(2)(M) provides the procedure for obtaining a temporary cab card. Timeframes are established for submission of the original application documents and fees to the department after a temporary cab card has been authorized and the penalties for failure to comply with these timeframes are also prescribed.

FISCAL NOTE

James Bass, Chief Financial Officer, has determined that for each of the first five years the repeal, amendments, and new sections as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the repeal, new §17.41, and amendments to §17.51. There will be positive, revenue generating, fiscal implications for the state as a result of enforcing or administering new §17.40.

The contract with the vendor allows the department to recoup all costs incurred. The non-refundable start-up fee and redesign fees will be deposited to the State Highway Fund for cost recoupment. The vendor will also pay $8 for each set of optional replacement or restyled vendor specialty license plates issued, which will also be deposited to the State Highway Fund for cost recoupment.

Revenue to the General Revenue Fund will be generated as a result of collection of the fees for optional replacement and restyled license plates. The amount to be deposited to the General Revenue Fund for each optional replacement vendor specialty license plate is $22.00; for a restyled Custom vendor specialty license plate is $26.10; for a restyled Premium vendor specialty license plate is $35.10; and for a restyled Luxury vendor specialty license plate is $41.10. However, the total revenue that will be generated is unknown at this time since the volume of optional replacements and requests for restyled license plates cannot be estimated.

Rebecca Davio, Director, Vehicle Titles and Registration Division, has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the repeal, amendments, and new sections.

PUBLIC BENEFIT AND COST

Ms. Davio has also determined that for each year of the first five years the repeal, amendments, and new sections are in effect, the public benefit anticipated as a result of enforcing or administering the repeal, new sections, and amendments will be to provide the public with updated information regarding the vendor specialty license plate program including the process for application and department approval of the new designs the vendor submits, the requirements and fees for replacement of vendor plates, and how to obtain restyled license plates. New §17.41 and amended §17.51 also provide vehicle sellers and motor vehicle dealers current information regarding the removal of license plates when a vehicle is sold; inform vehicle buyers of the availability of a vehicle transit permit when the seller has removed the license plates; advise motor carriers of the provisions for denial or suspension of apportioned registration for safety reasons; and notify motor carriers of the expedited process that may be utilized to obtain authorization to operate a newly acquired commercial motor vehicle or one that has been added to their fleet.

There are no anticipated economic costs for persons required to comply with the repeal of §17.40, new §17.40 and §17.41, or amended §17.51, with the exception of §17.51(c)(2)(L), Denial of apportioned registration for safety reasons, which will have an adverse economic effect on small businesses that are not currently complying with current safety regulations and are placed out of service by the Federal Motor Carrier Safety Administration (FMCSA). There are no anticipated economic costs for persons required to comply with §17.51(c)(2)(J)(ii) which changes the venue for a complaint conference from the regional office to department headquarters because such a conference is extremely infrequent and none are expected. The provision remains in the rule because it is part of the IRP. Since July 2006, the department has had a few registrants raise some questions or concerns about additional registration fees or cancellation of a registrant's apportioned license plates or privileges, but these have been addressed over the phone or through correspondence.

Government Code, §2006.002 requires that, before adopting a rule that may have an adverse economic effect on small businesses, a state agency must prepare an economic impact statement and a regulatory flexibility analysis. The statute defines "small business" as a legal entity, including a corporation, partnership, or sole proprietorship, that is formed for the purpose of making a profit; is independently owned and operated; and has fewer than 100 employees or less than $6 million in annual gross receipts. A "micro-business" is a legal entity, including a corporation, partnership, or sole proprietorship, that is formed for the purpose of making a profit; is independently owned and operated; and has not more than 20 employees.

Approximately 18,000 active apportioned accounts (fleets) were recorded in the TxIRP data base at the end of calendar year 2007. Of these accounts, approximately 13,830 indicated they consist of two trucks/units or less and the department assumes these are independently owned. The department does not maintain data of a nature that would allow the categorization of a particular account under Government Code, Chapter 2006, such as the number of employees or gross receipts. However, the nature of the trucking industry indicates that a large majority of the accounts consist principally of independent owner/operator accounts that would be categorized as small businesses. For the purposes of this impact statement and flexibility analysis, the distinction between "small business" and "micro-business" under Government Code, Chapter 2006 is insignificant and "small business" will be used for both.

The Performance and Registration Information Systems Management (PRISM) is a cooperative effort between state and federal programs to link the vehicle safety performance to the vehicle registration to improve the safety of high risk motor carriers through more accurate identification, treatment, and assessment. The PRISM system will be used by participating states to verify the safety records for commercial truck operators and the commercial vehicles they operate. If it is found that the driver or vehicle has been put out of service (OOS) for safety reasons, the department will deny issuance of apportioned registration (initial or renewal), will suspend existing apportioned registration, or will deny issuance of a temporary cab card.

Although full implementation of PRISM will not begin until June 2009, the department has elected to join the pilot program of the FMCSA system and to begin gathering information required by the FMCSA, beginning July 1, 2008. In addition, to protect the safety of the traveling public, the department will also deny or suspend apportioned registration during this pilot period if a driver or motor carrier has been put OOS by FMCSA for safety violations.

According to FMCSA the average fine that a carrier can be assessed for being put OOS is $1,500.

According to the Owner Operator Independent Drivers Association (OOIDA) the average per year net income that a motor carrier makes is $38,000. Based on the assumption that it will take a motor carrier approximately two weeks to comply with safety requirements after being put OOS, the motor carrier would lose approximately $1,462 in net income, calculated as follows: $38,000 (yearly net income) ÷ 52 weeks/year X 2 weeks (to comply) = $1,462 (net income loss).

Also, based on the typical repairs necessary to bring a commercial vehicle into compliance and any administrative costs involved, the department assumes it will cost carriers approximately $1,000 to come into compliance with the OOS order.

The total economic impact of $3,962 is calculated as follows: $1,500 (average fine) + $1,462 (net income loss) + $1,000 (cost to comply) = $3,962.

This cost will only be experienced by carriers who are not complying with the existing safety regulations. If a carrier is already complying, then it will not be affected.

Government Code, §2006.002, also requires that agencies prepare a regulatory flexibility analysis to analyze alternatives to the proposed rule. These alternatives should be consistent with the health, safety, and environmental and economic welfare of the state; accomplish the objectives of the rule; and minimize adverse impacts on small businesses. The department analyzed several alternatives to meet the goals outlined above.

In preparing the amendments to §17.51 the department considered delaying implementation for three months. With six months left in the end of the calendar year, the effect on small businesses would be that approximately half of the small businesses that require safety improvements would not be denied issuance of apportioned registration, have their existing apportioned registration suspended, or be denied the issuance of a temporary cab card this calendar year, temporarily saving these businesses $3,962 each. Another alternative is to delay implementation for six months. The effect on small businesses is that none of the small businesses that require safety improvements would have any economic costs this calendar year, temporarily saving a business with an unsafe motor carrier $3,962. However, assuming, that these businesses would later be denied issuance of apportioned registration, have their existing apportioned registration suspended, or be denied the issuance of a temporary cab card, the out-of-pocket savings would be the temporary use of the $3,962. The third alternative is for the department not to implement the program. In that case, there would be no economic costs to the small businesses. While the three alternatives would decrease or eliminate costs to small businesses, allowing known, unsafe motor carriers to continue to operate on Texas highways would not be consistent with the health, safety, and environmental and economic welfare of the state, nor would it accomplish the objectives of the rule to ensure the safety of Texas motorists.

FMCSA and the department are not adding to the safety regulations; an enforcement mechanism is added to ensure unsafe motor carriers are not granted operating privileges by the State of Texas. For a small business that is already complying with the safety laws, there would be no economic cost no matter when the program is implemented.

SUBMITTAL OF COMMENTS

Written comments on the proposed repeal of §17.40, new §17.40 and §17.41, and amendments to §17.51 may be submitted to Rebecca Davio, Director, Vehicle Titles and Registration Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on August 18, 2008.

43 TAC §17.40

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Transportation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

STATUTORY AUTHORITY

The repeal is proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §502.0021, which authorizes the department to adopt rules governing the issuance of motor vehicle registration; and Transportation Code, §502.054, which authorizes the department to adopt rules to carry out the International Registration Plan.

CROSS REFERENCE TO STATUTE

Transportation Code, §§502.052, 502.054, 502.184, 502.451 - 502.456, and §§504.851 - 504.852.

§17.40.Marketing of Specialty License Plates through a Private Vendor.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 18, 2008.

TRD-200803661

Bob Jackson

General Counsel

Texas Department of Transportation

Earliest possible date of adoption: August 31, 2008

For further information, please call: (512) 463-8683

43 TAC §§17.40, 17.41, 17.51

STATUTORY AUTHORITY

The amendments and new sections are proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §502.0021, which authorizes the department to adopt rules governing the issuance of motor vehicle registration; and Transportation Code, §502.054, which authorizes the department to adopt rules to carry out the International Registration Plan.

CROSS REFERENCE TO STATUTE

Transportation Code, §§502.052, 502.054, 502.184, 502.451 - 502.456, and §§504.851 - 504.852.

§17.40.Marketing of Specialty License Plates through a Private Vendor.

(a) Purpose and Scope. The department will enter into a contract with a private vendor to market department-approved specialty license plates in accordance with Transportation Code, §§504.851 - 504.852. This section sets out the procedure for approval of the design, purchase, and replacement of vendor specialty license plates. In this section, the license plates marketed by the vendor are referred to as vendor specialty license plates.

(b) Application for approval of vendor specialty license plate designs.

(1) Approval required. The vendor shall obtain the approval of the department for each license plate design the vendor proposes to market in accordance with this section and the contract entered into between the vendor and the department.

(2) Application. The vendor must submit a written application on a form approved by the director to the department for approval of each license plate design the vendor proposes to market. The application must include:

(A) a draft design of the specialty license plate;

(B) projected sales of the plate, including an explanation of how the projected figure was determined;

(D) a licensing agreement from the appropriate third party for any design or design element that is intellectual property; and

(E) other information necessary for the specialty license plate committee to reach a decision regarding approval of the requested vendor specialty plate.

(c) Review and approval process. The specialty license plate committee established under §17.28(i) of this subchapter will review vendor specialty license plate applications.

(1) Committee review. The committee:

(A) will not consider incomplete applications; and

(B) may request additional information from the vendor to reach a decision.

(2) Postponement of decision for additional information.

(A) If the committee reviews an application and determines that additional information is needed, it will postpone the decision on the application until its next meeting.

(B) If the additional requested information is not received before the next committee meeting, the committee will not consider the application and will return it to the vendor as incomplete.

(d) Committee recommendation and public comment.

(1) Recommendation. The recommendation of the committee will be based on:

(A) projected sales of the license plate as demonstrated in the marketing plan and by the listing of target purchasers;

(B) compliance with Transportation Code, §504.851 and §504.852;

(i) whether the design meets the legibility and reflectivity standards established by the department;

(ii) whether the design meets the standards established by the department for uniqueness to ensure that the proposed plate complies with Transportation Code, §504.852(c); and

(iii) other information provided during the application process.

(2) Public comment on proposed design. If the committee recommends the issuance of the proposed vendor specialty license plate design, notice of the proposed design will be posted on the department's web site for public comment. The department simultaneously will notify all specialty plate organizations and the sponsoring agencies who administer specialty license plates issued in accordance with Transportation Code, Chapter 504, Subchapter G, of the posting. A comment on the proposed design must be submitted in writing and must be received within 10 days after the date that the notice is first posted on the department's web site.

(e) Final approval and specialty license plate issuance.

(1) Approval. The executive director of the department will make the final decision on the vendor's specialty license plate application based on the committee's recommendation and on all comments received during the period prescribed by subsection (d)(2) of this section.

(2) Application not approved. If the vendor's application is not approved by the executive director, the vendor must submit a new application and supporting documentation for the design to be considered again by the committee.

(3) Issuance of approved specialty plates.

(A) If the vendor's specialty license plate is approved, the applicant must submit the non-refundable start-up fee before any further design and processing of the license plate.

(B) Approval of the plate does not guarantee that the submitted draft plate design will be used. The department has final approval of all specialty license plate designs and will provide guidance on the submitted draft design to ensure compliance with the format and license plate specifications.

(f) Redesign of vendor specialty license plates.

(1) On receipt of a written request from the vendor, the department will allow a redesign of a vendor specialty license plate.

(2) The vendor must pay the redesign administrative costs as provided in the contract between the vendor and the department.

(g) Multi-year vendor specialty license plates. Purchasers will have the option of purchasing vendor specialty license plates for a one-year, five-year, or ten-year period.

(h) License plate categories and associated fees. The categories and the associated fees for vendor specialty plates are set out in this subsection.

(1) Custom license plates. Custom license plates include license plates with a variety of pre-approved background and character color combinations that may be customized with either three alpha and two numeric characters or two numeric and three alpha characters. The fees for issuance of custom license plates are $95 for one year, $295 for five years, and $395 for ten years.

(2) Premium license plates. Premium license plates may be customized with up to six alphanumeric characters on colored backgrounds or designs approved by the department. Premium license plates will be made available to coincide with extraordinary events of public interest to Texas registrants. The fees for issuance of premium license plates are $195 for one year, $495 for five years, and $595 for ten years.

(3) Luxury license plates. Luxury license plates may be customized with up to six alphanumeric characters on colored backgrounds or designs approved by the department. The fees for issuance of luxury license plates are $395 for one year, $695 for five years, and $795 for ten years.

(i) Payment of fees.

(1) Payment of specialty license plate fees. The fees for issuance of vendor specialty license plates will be paid directly to the vendor for the license plate category and period selected by the purchaser. A person who purchases a multi-year vendor specialty license plate must pay upon purchase the full fee which includes the renewal fees.

(2) Payment of statutory registration fees. To be valid for use on a motor vehicle, the license plate owner is required to pay, in addition to the vendor specialty license plate fees, any statutorily required registration fees in the amount as provided by Transportation Code, Chapter 502, and this subchapter.

(j) Refunds. Fees for vendor specialty license plate fees will not be refunded after an application is submitted to the vendor and the department has approved issuance of the license plate.

(k) Replacement.

(1) Application. An owner must apply directly to the county tax assessor-collector for the issuance of replacement vendor specialty license plates and must pay the fee described in paragraph (2), (3) or (4) of this subsection, whichever applies.

(2) Lost or mutilated vendor specialty license plates. To replace vendor specialty license plates that are lost or mutilated, the owner must pay the statutory replacement fee provided in Transportation Code, §502.184.

(3) No-charge replacement. The owner of vendor specialty license plates will receive at no charge replacement license plates as follows:

(A) one set of replacement license plates on or after the seventh anniversary after the date of initial issuance; and

(B) one set of replacement license plates seven years after the date the set of license plates were issued in accordance with subparagraph (A) of this paragraph.

(4) Optional replacements. An owner of a vendor specialty license plate may replace vendor specialty license plates before the seventh anniversary after the date of issuance by submitting a request to the county tax assessor-collector accompanied by the payment of a $30 fee.

(5) Interim replacement tags. If the vendor specialty license plates are lost or mutilated to such an extent that they are unusable, replacement license plates will need to be remanufactured. The county tax assessor-collector will issue interim replacement tags for use until the replacements are available. The owner's vendor specialty license plate number will be shown on the interim replacement tags.

(6) Stolen vendor specialty license plates. The county tax assessor-collector will not approve the issuance of replacement vendor specialty license plates with the same license plate number if the department's records indicate that the vehicle displaying that license plate number was reported stolen or the license plates themselves were reported stolen.

(l) Transfer of vendor specialty license plates.

(1) Transfer between vehicles. The owner of a vehicle with vendor specialty license plates may transfer the license plates between vehicles by filing an application through the county tax assessor-collector if the vehicle to which the plates are transferred:

(A) is titled or leased in the owner's name; and

(B) meets the vehicle classification requirements for that particular specialty license plate.

(2) Transfer between owners. Vendor specialty license plates may not be transferred between persons.

(m) Gift plates.

(1) A person may purchase plates as a gift for another person if the purchaser submits a statement that provides:

(A) the purchaser's name and address;

(B) the name and address of the person who will receive the plates; and

(C) the vehicle identification number of the vehicle on which the plates will be displayed or a statement that the plates will not be displayed on a vehicle.

(2) To be valid for use on a motor vehicle, the recipient of the plates must file an application with the county tax assessor-collector and pay the statutorily required registration fees in the amount as provided by Transportation Code, Chapter 502, and this subchapter.

(n) Restyled vendor specialty license plates. A person who has purchased a multi-year vendor specialty license plate may request a restyled license plate at any time during the term of the plate.

(1) For the purposes of this subsection, "restyled license plate" is a vendor specialty license plate that has a different style from the originally purchased vendor specialty license plate but:

(A) is within the same price category; and

(B) has the same alpha-numeric characters and expiration date as the previously issued multi-year license plates.

(2) The fee for each restyled license plate is:

(A) $95 for a custom license plate as described in subsection (h)(1) of this section;

(B) $125 for a premium license plate as described in subsection (h)(2) of this section;

§17.41.Removal of License Plates and Registration Insignia upon Sale of Motor Vehicle.

(a) Purpose. Transportation Code, Chapter 502, Subchapter I, provides for the removal of the license plates and registration insignia when a motor vehicle is sold or transferred. Motor vehicles eligible for this process are limited to a passenger car or a light truck, as those terms are defined in Transportation Code, §502.001.

(b) Disposition of removed license plates. License plates removed from a motor vehicle by a licensed motor vehicle dealer, as provided in Transportation Code, §502.451(a), or by a motor vehicle owner in a private transaction as provided in Transportation Code, §502.451(a-1), may be:

(1) transferred to another vehicle:

(A) that is titled or will be titled in the same owner name as the vehicle from which the license plates were removed;

(B) that is of the same vehicle classification (passenger car or light truck) as the vehicle from which the license plates were removed;

(C) if the age of the removed license plate is not greater than provided in §17.22(d)(7)(B) of this subchapter which would require a new license plate to be issued; and

(D) upon:

(i) acceptance of a request to transfer the license plate by the county tax assessor-collector in which the application is filed as provided by Transportation Code, §501.023 or §502.002(b), whichever applies; and

(ii) payment of the transfer fee provided in Transportation Code, §502.453;

(2) disposed of in a manner that renders the license plates unusable or that ensures the license plates will not be available for fraudulent use on a motor vehicle; or

(3) retained by the owner of the motor vehicle from which the license plates were removed.

(1) Obtaining a vehicle transit permit. A person who obtains a motor vehicle in a private transaction may obtain one vehicle transit permit (temporary single-trip permit), through the department's website at www.txdot.gov if the seller or transferor has removed the license plates and registration insignia.

(2) Restrictions. The permit, which is valid only for the period shown on the permit, may be used for operation of the motor vehicle only as provided in Transportation Code, §502.454, and must be carried in the vehicle at all times.

§17.51.Registration Reciprocity Agreements.

(a) Purpose. To promote and encourage the fullest possible use of the highway system and contribute to the economic development and growth of the State of Texas and its residents, the department is authorized by Transportation Code, §502.054, to enter into agreements with duly authorized officials of other jurisdictions, including any state of the United States, the District of Columbia, a foreign country, a state or province of a foreign country, or a territory or possession of either the United States or of a foreign country, and to provide for the registration of vehicles by Texas residents and nonresidents on an allocation or distance [ ~~mileage~~] apportionment basis, and to grant exemptions from the payment of registration fees by nonresidents if the grants are reciprocal to Texas residents.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Cab card--The apportioned vehicle registration receipt that contains, but is not limited to, the vehicle description and the registered weight at which the vehicle may operate in each jurisdiction.

(2) Department--The Texas Department of Transportation.

(3) Director--The director of the Vehicle Titles and Registration Division, Texas Department of Transportation.

(4) Distance--The distance an apportioned motor vehicle is:

(A) expected to travel in a member jurisdiction during a registration year as reported by an applicant; or

(B) actually operated in a member jurisdiction during a reporting period.

(5) [~~(4)~~] Executive director--The chief executive officer of the department.

(6) [~~(5)~~] Temporary cab card [ ~~operating authority permit~~]--A temporary registration permit authorized [~~issued~~] by the department that allows [~~authorizes~~] the operation of a vehicle for 30 [45] days subject to all rights and privileges afforded to a vehicle displaying apportioned registration.

(1) Authority. The executive director may on behalf of the department enter a multilateral agreement with the duly authorized officials of two or more other jurisdictions to carry out the purpose of this section.

(2) International Registration Plan [~~registration plan~~].

(A) Applicability. The International Registration Plan [ ~~international registration plan~~] is a registration reciprocity agreement among states of the United States and other jurisdictions providing for payment of registration [ ~~license~~] fees on the basis of fleet distance [~~miles~~] operated in various jurisdictions. Its purpose is to promote and encourage the fullest possible use of the highway system by authorizing apportioned registration for commercial motor vehicles and payment of appropriate vehicle registration fees and thus contributing to the economic development and growth of the member jurisdictions.

(B) Adoption. The department adopts by reference the most currently adopted edition of the International Registration Plan [~~with Official Commentary, August 22, 1994, edition~~] (IRP). This document will be periodically amended by its members. Copies of the document are available for review in the Vehicle Titles and Registration Division, Texas Department of Transportation, 4000 Jackson Avenue, Austin. Copies are also available on request. The following words and terms, when used in the IRP or in this subparagraph, shall have the following meanings, unless the context clearly indicates otherwise.

(i) Apportionable vehicle--Any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and used either for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and:

(I) is a power unit having two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds or 11,793.401 kilograms;

(II) is a power unit having three or more axles, regardless of weight;

(III) is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,793.401 kilograms gross vehicle weight; or

(IV) at the option of the registrant, trucks and truck tractors, and combinations of vehicles having a gross vehicle weight of 26,000 pounds or 11,793.401 kilograms or less and buses used in transportation of chartered parties.

(ii) Commercial vehicle--A vehicle or combination designed and used for the transportation of persons or property in furtherance of any commercial enterprise, for hire or not for hire.

(iii) Erroneous issuance--Apportioned registration issued based on erroneous information provided to the department.

(iv) Established place of business--A physical structure owned or[,] leased within the state of Texas[~~, or rented~~] by the applicant or fleet registrant and maintained in accordance with the provisions of the International Registration Plan[~~, Articles II and IX~~].

(v) Fleet distance [~~miles~~]--All distance [ ~~mileage~~] operated by an apportionable vehicle or vehicles used to calculate registration fees for the various jurisdictions.

(i) An applicant must submit an application to the department on a form prescribed by the director together with additional documentation as required by the director.

(ii) Upon approval of the application, the department will compute the appropriate registration fees and notify the registrant.

(D) Fees. Upon receipt of the applicable fees in the form of a check [~~(other than personal)~~], cashier's check, [or] money order, or electronic funds transfer through an automated clearinghouse (ACH) made payable in United States funds, the department will issue one license plate and cab card for each vehicle registered.

(E) Display.

(i) The license plate issued to a power unit shall be installed on the front of the vehicle, and the license plate issued for a trailer shall be installed on the rear of the vehicle.

(ii) The cab card shall be carried at all times in the vehicle in accordance with Transportation Code, §621.002.

(F) Audit. An audit of the registrant's vehicle operational records may be conducted by the department according to the IRP provisions. Upon request, the registrant shall provide the operational records of each vehicle for audit in unit number order, in sequence by date, and including, but not limited to, a summary [~~recap~~ ] of distance [~~mileage~~] traveled by each individual truck on a monthly, [or] quarterly , and annual basis with distance [~~mileage~~] totaled separately for each jurisdiction in which the vehicle traveled.

(G) Assessment. The department may assess additional registration fees of up to 100% of the Texas registration fees, if an audit conducted under subparagraph (F) of this paragraph reveals that:

(i) the operational records indicate that the vehicle did not generate interstate distance [~~miles~~] in two or more member jurisdictions for the distance [ ~~mileage~~] reporting period supporting the application being audited, plus the six-month period immediately following that distance [ ~~mileage~~] reporting period;

(ii) the registrant failed to provide complete operational records; or

~~[(iii) the company did not comply with the provisions of subparagraph (L) of this paragraph regarding temporary operating authority permits; or]~~

(iii) [~~(iv)~~] the distance [~~mileage~~ ] must be adjusted, and the adjustment results in a shortage of registration fees due Texas or any other IRP jurisdiction.

(H) Refunds. If an audit conducted under subparagraph (F) of this paragraph reveals an overpayment of fees to Texas or any other IRP jurisdiction, the department will refund the overpayment of registration fees in accordance with Transportation Code, §502.183, and IRP guidelines. Any registration fees refunded to a carrier for another jurisdiction will be deducted from registration fees collected and transmitted to that jurisdiction.

(I) Cancellation. The director or the director's designee may cancel a registrant's apportioned registration and all privileges provided by the IRP if the registrant:

(i) submits payment in the form of a check that is dishonored;

(ii) files or provides erroneous information to the department; or

(iii) fails to:

(I) remit appropriate fees due each jurisdiction in which the registrant is authorized to operate;

(II) meet the requirements [~~of Article II 218 and Article IX 906~~] of the IRP concerning established place of business;

(III) provide operational records in accordance with subparagraph (F) of this paragraph;

(IV) provide an acceptable source document as specified in the IRP; or

(V) pay an assessment pursuant to subparagraph (G) of this paragraph.

(J) Enforcement of cancelled registration.

(i) Notice. If [~~it is determined that~~] a registrant is [~~should be~~] assessed additional registration fees, as provided in subparagraph (G) of this paragraph, and the additional fees are not paid by the due date provided in the notice or it is determined that a registrant's apportioned license plates and privileges should be canceled, as provided in subparagraph (I) of this paragraph, the director or the director's designee will mail a notice by certified mail to the last known address of the registrant. The notice will state the facts underlying the assessment or cancellation, the effective date of the assessment or cancellation, and the right of the registrant to request a conference as provided in clause (ii) of this subparagraph.

(ii) Conference. A registrant may request a conference upon receipt of a notice issued as provided by clause (i) of this subparagraph. The request must be made in writing to the director or the director's designee within 30 days of the date of the notice. If timely requested, the conference will be scheduled and conducted by the director or the director's designee at division headquarters in Austin [~~the regional supervisor at the regional office~~] and will serve to abate the assessment or cancellation unless and until that assessment or cancellation is affirmed or disaffirmed by the director or the director's designee. In the event matters are resolved in the registrant's favor, the director or the director's designee will mail the registrant a notice of withdrawal, notifying the registrant that the assessment or cancellation is withdrawn, and stating the basis for that action. In the event matters are not resolved in the registrant's favor, the director or the director's designee will issue a ruling reaffirming the department's assessment of additional registration fees or cancellation of apportioned plates and privileges. The registrant has the right to appeal in accordance with clause (iii) of this subparagraph.

(iii) Appeal. If a conference held in accordance with clause (ii) of this subparagraph fails to resolve matters in the registrant's favor, the registrant may request an administrative hearing. The request must be in writing and must be received by the director no later than the 20th day following the date of the ruling issued under clause (ii) of this subparagraph. If [~~timely~~] requested within the designated period, the hearing will be initiated by the department and will be conducted in accordance with §§1.21 et seq. of this title (relating to Procedures in Contested Cases). Assessment or cancellation is abated unless and until affirmed or disaffirmed by order of the Texas Transportation Commission.

(K) Reinstatement.

(i) The director or the director's designee will reinstate [ ~~accept a new application for~~] apportioned registration to [ ~~from~~] a previously canceled registrant if [:]

~~[(I) all apportioned license plates , cab cards (if available), and temporary operating authorities have been surrendered to the department;]~~

[~~(II)~~] all applicable fees and assessments due on the previously canceled apportioned account have been paid[;] and

[~~(III)~~] the applicant provides proof of an acceptable recordkeeping system for a period of no less than 60 days.

[(ii) The application will be processed and 100% registration fees shall be due Texas. Mileage for all other jurisdictions must be shown as an estimate and registration fees in excess of 100% shall be due.]

(ii) [~~(iii)~~] The application for the following registration year will be processed in accordance with the provisions of the IRP [~~clause (ii) of this subparagraph if the application for reissuance is submitted after July 1 of the current registration year~~].

(L) Denial of apportioned registration for safety reasons. The department will comply with the requirements of the Performance and Registration Information Systems Management program (PRISM) administered by the Federal Motor Carrier Safety Administration (FMCSA).

(i) Denial or suspension of apportioned registration. Upon notification from the FMCSA that a carrier has been placed out of service for safety violations, the department will:

(I) deny initial issuance of apportioned registration;

(II) deny authorization for a temporary cab card, as provide for in subparagraph (M) of this subsection;

(III) deny renewal of apportioned registration; or

(IV) suspend current apportioned registration.

(ii) Issuance after denial of registration or reinstatement of suspended registration. The director or the director's designee will reinstate or accept an initial or renewal application for apportioned registration from a registrant who was suspended or denied registration under clause (i) of this subparagraph upon presentation of a Certificate of Compliance from FMCSA, in addition to all other required documentation and payment of fees.

[(L) Temporary operating authority permit. The director will authorize the issuance of temporary operating authority permits to a registrant to expedite the adding of a vehicle to a specified fleet or to replace the license plate or cab card of a vehicle in that fleet. The registrant must submit an application for the permits to the department on a form prescribed by the director. Upon approval of the application, the department will issue a supply of no fewer than 10 or more than 50 permits to the registrant for a particular fleet subject to the following conditions.]

[(i) The registrant is accountable to the department for all permits issued under this subparagraph. Upon request, the registrant shall present to the department the company copy of all assigned permits and all unassigned permits, still intact, for inspection by the department.]

~~[(ii) No more than one permit will be issued for a particular vehicle in a registration period.]~~

~~[(iii) Each permit issued in accordance with this subparagraph must be validated by the department before the registrant assigns the permit to a vehicle.]~~

~~[(iv) The registrant must submit an application for apportioned registration for the vehicle on a form prescribed by the director within 20 calendar days from the date the permit was validated.]~~

[(v) If it is determined that the permit was validated and an application for apportioned registration for that vehicle was not submitted to the department, the registrant shall pay registration fees to the state for the period the permit was valid.]

[(vi) If it is determined that a registrant cannot account for a permit, the registrant shall be subject to registration fees due to the state in an amount not to exceed the 45-day period for which each such permit could be valid.]

[(vii) A registrant's privilege to obtain temporary operating authority permits may be denied if it is determined that the registrant has failed to complete the permit forms properly or has repeatedly been assessed registration fees for the improper use of permits.]

[(viii) The registrant's refusal to pay registration fees assessed in accordance with clauses (v) and (vi) of this subparagraph may result in the cancellation of all operating privileges in accordance with subparagraph (I) of this paragraph.]

(M) Temporary cab card.

(i) Application. The department may authorize issuance of a temporary cab card to a motor carrier with an established Texas apportioned account for a vehicle upon proper submission of all required documentation, a completed application, and all fees for either:

(I) Texas Certificate of Title as prescribed by Transportation Code, Chapter 501 and §17.3 of this chapter, or

(II) Registration Purposes Only as provided for in Transportation Code, §501.029 and §17.22(b)(4) of this subchapter.

(ii) Title application. A registrant who is applying for a certificate of title as provided for in subparagraph (L)(i)(I) of this paragraph and is requesting authorization for a temporary cab card, must submit a photocopy of the title application receipt issued by the county tax assessor-collectors office to a Vehicle Titles and Registration Division Regional Office by email, fax, overnight mail or in person.

(iii) Registration Purposes Only. A registrant who is applying for Registration Purposes Only under clause (i)(II) of this subparagraph and is requesting authorization for a temporary cab card, must submit an application and all additional original documents or copies of original documents required by the director to a Vehicle Titles and Registration Division Regional Office by email, fax, or overnight mail or in person.

(iv) Department approval. On department approval of the submitted documents, the department will send notice to the registrant to finalize the transaction and make payment of applicable registration fees.

(v) Finalization and payment of fees. To finalize the transaction and print the temporary cab card, the registrant may compute the registration fees through the department's apportioned registration software application, TxIRP system, and

(I) make payment of the applicable registration fees in the form of a check, cashier's check, money order, or electronic funds transfer through an automated clearinghouse (ACH) payable to the department in United States funds; and

(II) afterwards, mail or deliver payment of the certificate of title application fee in the form of a check, certified cashier's check, or money order payable to the county tax assessor collector in the registrant's county of residency and originals of all copied documents previously submitted.

(vi) Deadline. The original documents and payment must be received by the Vehicle Titles and Registration Division Regional Office within 72-hours after the time that the office notified the registrant of the approval to print a temporary cab card as provided in clause (iv) of this subparagraph.

(vii) Failure to meet deadline. If the registrant fails to submit the original documents and required payment within the time prescribed by clause (vi) of this subparagraph, the registrant's privilege to use this expedited process to obtain a temporary cab card will be denied by the department for a period of six months from the date of approval to print the temporary cab card.