Texas Register, Volume 40, Number 10, Pages 983-1152, March 6, 2015 Page: 1,105
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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newal of Commercial Motor Vehicle Registration; 218.16,
Insurance Requirements; 218.17, Unified Carrier Registration
System; 218.18, Short-term Lease and Substitute Vehicles;
Subchapter C, 218.31, Investigations and Inspections of Motor
Carrier Records; 218.32, Motor Carrier Records; 218.33,
Enforcement; Subchapter D, 218.41, Bond; 218.42, Fees;
Subchapter E, 218.51, Household Goods Agents; 218.52,
Advertising; 218.54, Selling Insurance to Shippers; 218.55,
Information for Shippers; 218.56, Proposals and Estimates for
Moving Services; 218.57, Moving Services Contract; 218.58,
Moving Services Contract - Options for Carrier Limitation of Lia-
bility; 218.61, Claims; 218.62, Mediation by the Department;
218.64, Rates; 218.65, Tariff Registration; Subchapter F,
218.70, Purpose; 218.71, Administrative Penalties; 218.73,
Administrative Proceedings; 218.74, Settlement Agreements;
and 218.76, Registration Suspension Ordered under Family
Code. The department further adopts new Subchapter G,
Financial Responsibility for Foreign Commercial Motor Vehi-
cles, 218.80, Purpose and Scope; 218.81, Definitions; and
218.82, Financial Responsibility. The amendments to 218.52
and 218.71 are adopted with changes to the proposed text as
published in the October 17, 2014, issue of the Texas Register
(39 TexReg 8240) and will be republished. The amendments
to 218.1, 218.2, 218.11 - 218.14, 218.16 - 218.18, 218.31
- 218.33, 218.41, 218.42, 218.51, 218.54 - 218.58, 218.61,
218.62, 218.64, 218.65, 218.70, 218.73, 218.74, and 218.76;
the repeal of 218.40; and new 218.80 - 218.82, are adopted
without changes1and therefore, will not be republished.
EXPLANATION OF REPEAL, AMENDMENTS, AND NEW SUB-
CHAPTER
The department conducted a review of its rules in compliance
with Government Code, 2001.039. Notice of the department's
intention to review was published in the October 17, 2014, issue
of the Texas Register (39 TexReg 8273).
As a result of the review, the department determined that
218.40 should be repealedbecause it duplicates language
that is already in statute.
Amendments to 218.1, Purpose, include Transportation Code,
Chapters 646 and 648 because the rules in Chapter 218 also im-
plement the provisions of these two chapters of the Transporta-
tion Code.
Amendments to 218.2, Definitions, modify definitions of exist-
ing terms and add new terms for consistency and accuracy. An
amendment deletes a portion of the definition of a commercial
motor vehicle because the definition of a commercial motor vehi-
cle under Transportation Code, 643.051(a) differs from the def-
inition under 49 C.F.R. 390.5 and because an amendment adds
a definition for a foreign commercial motor vehicle. An amend-
ment adds a definition for a foreign commercial motor vehicle
for those motor carriers that are required to comply with Trans-
portation Code, Chapter 643 and department rules adopted un-
der Transportation Code, 648.102.
Amendments to 218.12 delete language that is already con-
tained in statute.
Amendments to 218.13 delete language that is already con-
tained in statute and in a Texas Department of Public Safety
administrative rule. An amendment clarifies that certain quali-
fying interstate motor carriers are not required to renew certifi-
cates of registration. Also, an amendment allows motor carriers
to display insurance cab card information via a wireless commu-
nication device. Further, an amendment deletes language aboutincomplete applications because the language is not consistent
with agency practice.
Amendments to 218.14 are adopted for consistency with 49
U.S.C. 14504a and Transportation Code, Chapter 643. Addi-
tional amendments clarify the procedure for a motor carrier to
obtain a non-expiring certificate of registration, as well as the pro-
cedure when the motor carrier no longer qualifies for a non-ex-
piring certificate of registration.
Amendments to 218.16 are adopted for those motor carriers
that are required to comply with Transportation Code, Chapter
643 and department rules adopted under Transportation Code,
648.102. Amendments to Figure: 43 TAC 218.16(a) are made
for clarity and for consistency with Transportation Code, Chap-
ter 643 and 49 C.F.R. Part 387. An amendment deletes the
adoption of all final orders of the Railroad Commission of Texas
because department rules establish the current procedures re-
garding self-insurance and because any final orders that were in
effect on August 31, 1995, are outdated. In addition, the depart-
ment adopts amendments to clarify the procedures for self-insur-
ance versus the procedures for a motor carrier's insurer to file ev-
idence of insurance with the department. Further, amendments
replace terminology with defined terms and delete language that
is already contained in statute.
Amendments to 218.17 correct the citation to 49 U.S.C.
14504a. Amendments also clarify that the department, inter-
state motor carriers, brokers, freight forwarders, motor private
carriers of property, and leasing companies must comply with
49 U.S.C. 14504a, as well as the plan and agreement under
49 U.S.C. 14504a. Amendments are further made to adopt
the Unified Carrier Registration Agreement by reference and to
address the methods for applying for registration under the plan
and agreement under 49 U.S.C. 14504a.
An amendment to 218.32 adds a reference regarding the dis-
play of the insurance cab card information via a wireless commu-
nication device. An amendment also clarifies that a motor car-
rier is not required to carry in its vehicle proof of compliance with
49 U.S.C. 14504a or the plan or agreement under 49 U.S.C.
14504a.
An amendment to 218.52 deletes "nationally placed billboards"
because all billboards are considered to be print advertisements.
Household goods carriers are currently required to include on
their Internet websites the department's toll-free telephone num-
ber as listed in 218.52. An amendment deletes the depart-
ment's toll-free telephone number from 218.52 and replaces
the language with a reference to the department's toll-free con-
sumer helpline as listed on the department's website, in case the
department ever changes this number.
The amendments to 218.52 will not be effective until August 5,
2015, to give the household goods carriers time to implement
the changes and to lessen any economic impact to the house-
hold goods carriers. If a household goods carrier chooses to im-
plement the adopted amendments sooner than August 5, 2015,
the household goods carrier will not be in violation of the require-
ments of 218.52.
Amendments to 218.61 direct questions or complaints con-
cerning household goods carrier's claims handling to the
department's Enforcement Division because the department's
Motor Carrier Division does not handle these questions or com-
plaints. Also, an amendment deletes the department's toll-free
telephone number from 218.61 and replaces the language
with a reference to the department's toll-free consumer helplineADOPTED RULES March 6, 2015 40 TexReg 1105
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Texas. Secretary of State. Texas Register, Volume 40, Number 10, Pages 983-1152, March 6, 2015, periodical, March 6, 2015; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth606207/m1/123/?q=32+TexReg+3206: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.