37 Tex. Admin. Code § 16.3 - Persons Exempted
Persons exempted from commercial driver license (CDL) requirements are:
(1) A person
operating a vehicle that is controlled and operated by a farmer which is used
to transport agricultural products, farm machinery, or farm supplies to or from
a farm and which is not used in the operations of a common or contract carrier
and used within 150 miles of the person's farm.
(A) Under this exemption, a rancher is
considered a farmer.
(B) A farmer
and his farmhands are equally exempt when the farmhands are in the employ of
the farmer.
(C) One who purchases a
crop in a field and only harvests and transports the produce, but takes no part
in the planting and cultivating of the product, is not considered a
farmer.
(D) One who purchases acres
of growing timber and cultivates and harvests it over a period of months or
years is considered a farmer.
(2) A person operating a fire fighting or
emergency vehicle necessary to the preservation of life or property or the
execution of emergency governmental functions, whether operated by an employee
of a political subdivision or by a volunteer fire fighter, or a fire fighter
employed by a private company, for example, a refinery. This would not exempt
operators of vehicles used by utility companies.
(A) Drivers of industrial emergency response
vehicles, including an industrial ambulance are exempt only if the vehicle is
operated in compliance with criteria established by the Texas Industrial Fire
Training Board or the State Firemen's and Fire Marshall's Association of
Texas.
(B) Drivers of public or
private ambulances are exempt only if they have been issued a license by the
Department of State Health Services.
(C) Electric company employees repairing
downed power lines are not exempt.
(3) A person operating a military vehicle or
a commercial motor vehicle, when operated for military purposes by military
personnel, members of the reserves and national guard on active duty (including
personnel on full-time national guard duty), personnel on part-time training
duty, and national guard military technicians. This exemption includes the
operation of vehicles leased by the United States government for use by the
military branches of government.
(4) A person operating a vehicle that is a
recreational vehicle that is driven for personal use.
(A) For purposes of this exemption
recreational vehicle means a vehicular type unit primarily designed as
temporary living quarters for recreational camping or travel use that either
has its own motive power or is mounted on or towed by another
vehicle.
(B) This exemption
includes travel trailers, camping trailers, truck campers, and motor
homes.
(5) A person
operating a vehicle that is owned, leased, or controlled by an air carrier, as
defined by Texas Transportation Code, §
21.155(d),
and that is driven or operated exclusively by an employee of the air carrier
only on the premises of an airport, as defined by Texas Transportation Code,
§
22.001(2),
on service roads to which the public does not have access.
(6) A person operating a vehicle used
exclusively to transport seed cotton modules or cotton burrs.
Notes
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