37 Tex. Admin. Code § 16.1 - General Requirements
(a) The Federal Motor
Carrier Safety Administration (FMCSA) is the lead federal agency responsible
for regulating states' commercial driver license (CDL) programs and providing
safety oversight of commercial driver licensing and commercial motor vehicles
(CMV). In accordance to the Federal Commercial Motor Vehicle Safety Act, Texas
is mandated to follow all federal regulations governing commercial driver
licensing. Failure to adhere to or deviating from these regulations can result
in the decertification of Texas' CDL program, thereby prohibiting Texas from
issuing commercial driver licenses to Texas residents and the withdrawal of
federal highway funding in accordance to
49 CFR §§
384.401,
384.403 and
384.405.
(b) All rules and regulations adopted in this
chapter apply to every person, including employers of such persons, who holds a
Texas CDL or operates a commercial motor vehicle (CMV) in this state,
regardless if they are operating in interstate, foreign, or intrastate
commerce.
(1) The department incorporates by
reference and adopts:
(A) The Federal Motor
Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part
383 including all interpretations thereto, as amended through February 3, 2022.
Where there is conflict between 49 CFR Part 383 and Texas Transportation Code,
Chapter 522, Texas Transportation Code, Chapter 522 controls with the exception
of the definition of CMV.
(B)
49 CFR §
390.5 --Definitions.
(C)
49 CFR §
383.3(i) --related to
hazardous materials endorsement exemption for certain drivers transporting
diesel.
(2) The CFR
permits states discretion to exempt or not exempt certain individuals from CDL
standards, requirements, and penalties. The department, utilizing the
discretion permitted by the CFR, does not adopt the CFR exemptions detailed in
subparagraph (A) - (C) of this paragraph:
(A)
49 CFR §
383.3(d)(3) --related to
drivers employed by a local government for the purpose of removing snow and ice
from roadways.
(B)
49 CFR §
383.3(e) --related to
certain restricted CDL issued in the State of Alaska.
(C)
49 CFR §
383.3(g) --related to
restricted CDL for certain drivers in the pyrotechnic industry.
(3) The Federal Commercial Motor
Vehicle Safety Act and the CFR allows states to enact laws and regulations that
are stricter than the federal requirements. The department does not adopt the
CFR provisions detailed in subparagraph (A) and (B) of this paragraph because
Texas has enacted stricter requirements.
(A)
49 CFR §
383.31(a) --related to the
requirement that a person must notify the department upon conviction for a
motor traffic control violation within 30 days after the date the person has
been convicted. Texas Transportation Code, Chapter 522 requires the license
holder to report the conviction within 7 days.
(B)
49 CFR §
383.31(b) --related to the
requirement that a person must notify his/her employer upon conviction for a
motor traffic control violation within 30 days after the date the person has
been convicted. Texas Transportation Code, Chapter 522 requires the license
holder to report the conviction within 7 days.
Notes
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