TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES

SUBCHAPTER B. REGULATIONS GOVERNING TRANSPORTATION SAFETY

37 TAC §4.12

The Texas Department of Public Safety (the department) adopts amendments to §4.12, concerning Exemptions and Exceptions. This section is adopted without changes to the proposed text as published in the January 27, 2017 issue of the Texas Register (42 TexReg 297) and will not be republished.

The first amendment strikes paragraph (a)(10) which is the requirement for non-regulated Household Goods Mover commercial vehicles to comply with 49 CFR Part 395 Hours of Service requirements. Striking this paragraph makes this type of vehicle consistent with other intrastate non-regulated vehicles, has no safety impact and reduces paperwork requirements imposed by the State. The second amendment strikes paragraph (a)(11) which contains language incompatible with adopted Federal Motor Carrier Safety Regulations related to "contract carriers", for which there is no definition in Texas law or Federal regulation. This incompatibility was identified in an audit of the Department's Motor Carrier Safety Assistance Program by the Federal Motor Carrier Safety Administration and necessitated this second amendment.

The department accepted comments on the proposed amendments through February 27, 2017. A written comment was submitted by Southwest Movers Association in support of the amendment striking paragraph (a)(10).

This proposal is adopted pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations, by reference.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 28, 2017.

TRD-201700785

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: March 20, 2017

Proposal publication date: January 27, 2017

For further information, please call: (512) 424-5848