Header:
TEXAS ADMINISTRATIVE CODE
TITLE 43. TRANSPORTATION
PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217. VEHICLE TITLES AND REGISTRATION
SUBCHAPTER B. MOTOR VEHICLE REGISTRATION
Date:
08/31/2009
Document:
§ 217.30. Commercial Vehicle Registration
(a) Eligibility. A motor vehicle, other than a motorcycle, designed or used primarily for the transportation of property, including any passenger car that has been reconstructed to be used, and is being used, primarily for delivery purposes, with the exception of a passenger car used in the delivery of the United States mails, must be registered as a commercial vehicle.
(b) Commercial vehicle registration classifications.
(1) Apportioned license plates. Apportioned license plates are issued in lieu of Combination or Truck license plates to Texas carriers who proportionally register their fleets in other states, in conformity with § 217.44 of this subchapter (relating to Registration Reciprocity Agreements).
(2) City bus license plates. A street or suburban bus shall be registered with license plates bearing the legend "City Bus."
(3) Combination license plates.
(A) Specifications. A truck or truck tractor with a manufacturer's rated carrying capacity in excess of one ton used or to be used in combination with a semitrailer having a gross weight in excess of 6,000 pounds, shall be registered with combination license plates. Such vehicles must be registered for a gross weight equal to the combined gross weight of all the vehicles in the combination. Only one combination license plate is required and must be displayed on the front of the truck or truck tractor. When displaying a combination license plate, a truck or truck tractor is not restricted to pulling a semitrailer licensed with a Token Trailer license plate and may legally pull semitrailers and full trailers displaying other types of Texas license plates or license plates issued out of state. The following vehicles are not required to be registered in combination: (i) trucks or truck tractors having a manufacturer's rated carrying capacity of one ton or less, or trucks or truck tractors to be used exclusively in combination with semitrailers having gross weights not exceeding 6,000 pounds; (ii) semitrailers with gross weights of 6,000 pounds or less, or semitrailers that are to be operated exclusively with trucks or truck tractors having manufacturer's rated carrying capacities of one ton or less; (iii) trucks or truck tractors used exclusively in combination with semitrailer-type vehicles displaying Machinery, Permit, or Farm Trailer license plates; (iv) trucks or truck tractors used exclusively in combination with travel trailers and manufactured housing; (v) trucks or truck tractors to be registered with Farm Truck or Farm Truck Tractor license plates; (vi) trucks or truck tractors and semitrailers to be registered with disaster relief license plates; (vii) trucks or truck tractors and semitrailers to be registered with Soil Conservation license plates; (viii) trucks or truck tractors and semitrailers to be registered with U.S. Government license plates or Exempt license plates issued by the State of Texas; and (ix) vehicles that are to be issued temporary permits, such as 72-Hour Permits, 144-Hour Permits, One Trip Permits, or 30-Day Permits in accordance withTransportation Code, § 502.352 and § 502.354.
(B) Converted semitrailers. Semitrailers that are converted to full trailers by means of auxiliary axle assemblies will retain their semitrailer status, and such semitrailers are subject to the combination and token trailer registration requirements.
(C) Axle assemblies. Various types of axle assemblies that are specially designed for use in conjunction with other vehicles or combinations of vehicles may be used to increase the load capabilities of such vehicles or combinations. (i) Auxiliary axle assemblies such as trailer axle converters, jeep axles, and drag axles, which are used in conjunction with truck tractor and semitrailer combinations, are not required to be registered; however, the additional weight that is acquired by the use of such axle assemblies must be included in the combined gross weight of the combination. (ii) Ready-mix concrete trucks that have an auxiliary axle assembly installed for the purpose of increasing a load capacity of such vehicles must be registered for a weight that includes the axle assembly.
(D) Exchange of Combination license plates. Combination license plates shall not be exchanged for another type of registration during the registration year, except that: (i) if a major permanent reconstruction change occurs, Combination license plates may be exchanged for Truck license plates, provided that a corrected title is applied for; (ii) if the department initially issues Combination license plates in error, the plates will be exchanged for license plates of the proper classification; (iii) if the department initially issues Truck or Trailer license plates in error to vehicles that should have been registered in combination, such plates will be exchanged for Combination and Token Trailer license plates; or (iv) if a Texas apportioned carrier acquires a combination license power unit, the Combination license plates will be exchanged for Apportioned license plates.
(4) Cotton Vehicle license plates. The department will issue Cotton Vehicle license plates in accordance with Transportation Code, § 504.505 and § 217.28 of this subchapter (relating to Specialty License Plates, Symbols, Tabs, and Other Devices).
(5) Forestry Vehicle license plates. The department will issue Forestry Vehicle license plates in accordance with Transportation Code, § 504.507 and § 217.28 of this subchapter.
(6) In Transit license plates. The department may issue an In Transit license plate annually to any person, firm, or corporation engaged in the primary business of transporting and delivering by means of the full mount, saddle mount, tow bar, or any other combination, new vehicles and other vehicles from the manufacturer or any other point of origin to any point of destination within the State. Each new vehicle being transported, delivered, or moved under its own power in accordance with this paragraph must display an In Transit license plate in accordance with Transportation Code, § 503.035.
(7) Motor Bus license plates. A motor bus as well as a taxi and other vehicles that transport passengers for compensation or hire, must display Motor Bus license plates when operated outside the limits of a city or town, or adjacent suburb, in which its company is franchised to do business.
(8) Token Trailer license plates.
(A) Qualification. The department will issue Token Trailer license plates for semitrailers that are required to be registered in combination.
(B) Validity. A Token Trailer license plate is valid only when it is displayed on a semitrailer that is being pulled by a truck or a truck tractor that has been properly registered with Forestry Vehicle (in accordance with Transportation Code, § 504.507), Combination (in accordance with Transportation Code, § 502.167), or Apportioned (in accordance withTransportation Code, § 502.054) license plates for combined gross weights that include the weight of the semitrailer, unless exempted by Transportation Code, § 502.352 and § 623.011.
(C) License receipt. The operator shall carry a copy of the Token Trailer license plate receipt in the vehicle at all times when operating the vehicle on the public highways.
(D) House-moving dollies. House-moving dollies are to be registered with Token Trailer license plates and titled as semitrailers; however, only one such dolly in a combination is required to be registered and titled. The remaining dolly (or dollies) is permitted to operate unregistered, since by the nature of its construction, it is dependent upon another such vehicle in order to function. The pulling unit must display a Combination or Apportioned license plate.
(E) Full trailers. The department will not issue a Token Trailer license plate for a full trailer.
(9) Tow Truck license plates. A Tow Truck license plate must be obtained for all tow trucks operating and registered in this state. The department will not issue a Tow Truck license plate to tow trucks that are not registered in compliance with Transportation Code, Chapter 643.
(c) Application for commercial vehicle registration.
(1) Application form. An applicant shall apply for commercial license plates through the appropriate county tax assessor-collector upon forms prescribed by the director and shall require, at a minimum, the following information:
(A) owner name and complete address;
(B) complete description of vehicle, including empty weight; and
(C) motor number or serial number.
(2) Empty weight determination.
(A) The weight of a Motor Bus shall be the empty weight plus carrying capacity, in accordance with Transportation Code, § 502.168.
(B) The weight of a vehicle cannot be lowered below the weight indicated on a Manufacturer's Certificate of Origin unless a corrected Manufacturer's Certificate of Origin is obtained.
(C) In all cases where the department questions the empty weight of a particular vehicle, the applicant should present a weight certificate from a public weight scale or the Department of Public Safety.
(3) Gross weight.
(A) Determination of Weight. The combined gross weight of vehicles registering for combination license plates shall be determined by the empty weight of the truck or truck tractor combined with the empty weight of the heaviest semitrailer or semitrailers used or to be used in combination therewith, plus the heaviest net load to be carried on such combination during the motor vehicle registration year, provided that in no case may the combined gross weight be less than 18,000 pounds.
(B) Restrictions. The following restrictions apply to combined gross weights. (i) After a truck or truck tractor is registered for a combined gross weight, such weight cannot be lowered at any subsequent date during the registration year. The owner may, however, lower the gross weight when registering the vehicle for the following registration year, provided that the registered combined gross weight is sufficient to cover the heaviest load to be transported during the year and provided that the combined gross weight is not less than 18,000 pounds. (ii) A combination of vehicles is restricted to a total gross weight not to exceed 80,000 pounds; however, all combinations may not qualify for 80,000 pounds unless such weight can be properly distributed in accordance with axle load limitations, tire size, and distance between axles, in accordance with Transportation Code, § 623.011.
(4) Motor number or serial number. Ownership must be established by a court order if no motor or serial number can be identified. Once ownership has been established, the department will assign a number upon payment of the fee.
(5) Accompanying documentation. Unless otherwise exempted by law, completed applications for commercial license plates shall be accompanied by:
(A) prescribed registration fees;
(B) prescribed local fees or other fees that are collected in conjunction with registering a vehicle;
(C) evidence of financial responsibility as required by Transportation Code, § 502.153 (if the applicant is a motor carrier as defined by § 218.2 of this title (relating to Definitions), proof of financial responsibility may be in the form of a registration listing or an international stamp indicating that the vehicle is registered in compliance with Chapter 218, Subchapter B of this title (relating to Motor Carrier Registration);
(D) an application for Texas Certificate of Title in accordance with § 217.3 of this chapter (relating to Motor Vehicle Certificates of Title), or other proof of ownership;
(E) proof of payment of the Federal Heavy Vehicle Use Tax, if applicable;
(F) an original or certified copy of the Certificate of Registration issued in accordance with Transportation Code, Chapter 643, if application is being made for Tow Truck license plates; and
(G) other documents or fees required by law.
(6) Proof of payment required. Proof of payment of the Federal Heavy Vehicle Use Tax is required for vehicles with a gross registration weight of 55,000 pounds or more, or in cases where the vehicle's gross weight is voluntarily increased to 55,000 pounds or more. Proof of payment shall consist of an original or photocopy of the Schedule 1 portion of Form 2290 receipted by the Internal Revenue Service (IRS), or a copy of the Form 2290 with Schedule 1 attached as filed with the IRS, along with a photocopy of the front and back of the canceled check covering the payment to the IRS.
(7) Proof of payment not required. Proof of payment of the Federal Heavy Vehicle Use Tax is not required:
(A) for new vehicles when an application for title and registration is supported by a Manufacturer's Certificate of Origin;
(B) on used vehicles when an application for title and registration is filed within 60 days from the date of transfer to the applicant as reflected on the assigned title, except that proof of payment will be required when an application for Texas title and registration is accompanied by an out-of-state title that is recorded in the name of the applicant;
(C) when a vehicle was previously wrecked, in storage, or otherwise out of service and, therefore, not registered or operated during the current registration year or during the current tax year, provided that a non-use affidavit is signed by the operator; and
(D) as a prerequisite to registration of vehicles apprehended for operating without registration or reciprocity or when an owner or operator purchases temporary operating permits or additional weight.
(d) Renewal of commercial license plates.
(1) Registration period. The department will establish the registration period for commercial vehicles, unless specified by statute. Commercial license plates are issued for established annual registration periods as follows.
(A) March expiration. The following license plates are issued for the established annual registration period of April 1st through March 31st of the following year: (i) City Bus license plates; (ii) Combination license plates; (iii) In Transit license plates; (iv) Motor Bus license plates; and (v) Token Trailer license plates.
(B) Five year registration with March 31st expiration. The following license plates are available with a five-year registration period. Registration fees for the license plates listed below may be paid on an annual basis, or may be paid up front for the entire five-year period: (i) Five-year Rental Trailer license plates issued for rental trailers that are part of a rental fleet; and (ii) Five-year Token Trailer license plates, available to owners of semitrailers to be used in combination with truck-tractors displaying Apportioned or Combination license plates.
(2) License Plate Renewal Notice. The department will mail a License Plate Renewal Notice, indicating the proper registration fee and the month and year the registration expires, to each vehicle owner approximately six to eight weeks prior to the expiration of the vehicle's registration.
(3) Return of License Plate Renewal Notices. License Plate Renewal Notices should be returned by the vehicle owner to the department or the appropriate county tax assessor-collector, as indicated on the License Plate Renewal Notice. Unless otherwise exempted by law, License Plate Renewal Notices may be returned either in person or by mail, and shall be accompanied by:
(A) statutorily prescribed registration renewal fees;
(B) prescribed local fees or other fees that are collected in conjunction with registration renewal;
(C) evidence of financial responsibility as required by Transportation Code, § 502.153; and
(D) other prescribed documents or fees.
(4) Lost or destroyed License Plate Renewal Notice. If a License Plate Renewal Notice is lost, destroyed, or not received by the vehicle owner, the vehicle may be registered if the owner presents personal identification acceptable to the tax assessor-collector. Failure to receive the notice does not relieve the owner of the responsibility to renew the vehicle's registration.
(e) Transfer of commercial vehicle license plates.
(1) Transfer between persons. With the exceptions noted in paragraph (3) of this subsection, when ownership of a vehicle displaying commercial vehicle license plates is transferred, application for transfer of such license plates shall be made with the county tax assessor-collector in the county in which the purchaser resides. If the purchaser does not intend to use the vehicle in a manner that would qualify it for the license plates issued to that vehicle, such plates must be exchanged for the appropriate license plates.
(2) Transfer between vehicles. Commercial vehicle license plates are non-transferable between vehicles.
(3) Transfer of Apportioned and Tow Truck license plates. Apportioned and Tow Truck license plates are non-transferable between persons or vehicles, and become void if the vehicle to which the license plates were issued is sold.
(f) Replacement of lost, stolen, or mutilated commercial vehicle license plates.
(1) In Transit license plates. Replacement In Transit license plates will not be issued. Additional In Transit license plates may be obtained at any time during the registration year by submitting a new application in accordance with subsection (d) of this section.
(2) Other license plates. Except for In Transit license plates identified in paragraph (1) of this subsection, an owner of lost, stolen, or mutilated commercial vehicle license plates may obtain replacement license plates by filing an Application for Replacement Plates and remitting the prescribed fee to the county tax assessor-collector of the county in which the owner resides.
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