Header:
TEXAS ADMINISTRATIVE CODE
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCE
Date:
08/31/2009
Document:
37 TAC § 4.36 (2011)
§ 4.36. Commercial Motor Vehicle Compulsory Inspection Program
(a) All commercial motor vehicles registered in this state shall be required to pass an annual inspection of all safety equipment required by the Federal Motor Carrier Safety Regulations on or before the expiration of the current state inspection certificate and not later than December 31, 1994.
(b) All commercial motor vehicles required to be inspected under the Federal Motor Carrier Safety Regulations are also subject to the regular state inspection requirements as provided in Texas Transportation Code, Chapter 548.
(c) Effective September 1, 2001, a fee of $ 50 plus a $ 10 Texas Emission Reduction Fee surcharge will be charged for each commercial vehicle safety inspection. An inspection station shall charge a total of $ 60 for each commercial vehicle safety inspection, and shall pay an advance payment, to the department, of $ 20 for each certificate. The department shall deposit $ 10 into the General Revenue Fund and $ 10 into the Texas Emissions Reduction Fund. A unique inspection certificate will be issued by the department to designate that the vehicle has met the Federal Motor Carrier Safety Regulations and state inspection requirements.
(d) The commercial motor vehicle inspection certificate will expire on the last day of the month and year indicated.
(e) Except for any appropriate grace period, a person may not operate a commercial motor vehicle registered in this state unless it is equipped, as required by the Federal Motor Carrier Safety Regulations, and displays a valid commercial motor vehicle inspection certificate.
(f) For purposes of the Commercial Motor Vehicle Compulsory Inspection Program, the term "commercial motor vehicle" means a self-propelled or towed vehicle used on a public highway to transport passengers or property if:
(1) the vehicle or combination of vehicles has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds;
(2) the vehicle is a farm vehicle with a gross weight, a registered weight, or a gross weight rating of 48,000 pounds or more;
(3) the vehicle is designed or used to transport more than 15 passengers, including the driver;
(4) the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding as required under the federal Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.);
(5) the vehicle or combination of vehicles has a gross weight rating of more than 10,000 pounds and is operated in interstate commerce and registered in this state;
(6) the vehicle is a school bus that will operate at a speed authorized by Texas Transportation Code, § 545.352(b)(A); or
(7) the vehicle is a school activity bus, as defined in Texas Transportation Code, § 541.201, that has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds, or is designed or used to transport more than 15 passengers, including the driver.
(g) Exceptions to the commercial motor vehicle safety inspection program are:
(1) all school bus operations used to transport only children and/or school personnel from home to school and school to home, except that contract school buses used for any purpose other than transporting children to and from school only are not exempt;
(2) transportation performed by the federal government, state, or any political subdivision of a state or an agency established under a compact between states that has been approved by the Congress of the United States;
(3) the occasional transportation of personal property by individuals not for compensation or in the furtherance of a commercial enterprise;
(4) the transportation of human corpses or sick or injured persons;
(5) the operation of fire trucks and rescue vehicles while involved in emergency and related operations; and
(6) farm vehicles with a gross weight, registered weight, or gross weight rating less than 48,000 pounds (except interstate operation of more than 10,000 pounds).
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