37 Tex. Admin. Code § 4.13 - Authority to Enforce, Training and Certificate Requirements
(a) Authority to Enforce.
(1) An officer of the department may stop,
enter or detain on a highway or at a port of entry a motor vehicle that is
subject to Texas Transportation Code, Chapter 644.
(2) A non-commissioned employee of the
department that is trained and certified to enforce the federal safety
regulations may stop, enter or detain at a commercial motor vehicle inspection
site, or at a port of entry, a motor vehicle that is subject to Texas
Transportation Code, Chapter 644.
(3) An officer of the department or a
non-commissioned employee of the department that is trained and certified to
enforce the federal safety regulations may prohibit the further operation of a
vehicle on a highway or at a port of entry if the vehicle or operator of the
vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal
safety regulation or rule adopted under Texas Transportation Code, Chapter 644,
by declaring the vehicle or operator out-of-service using the North American
Standard Out-of-Service Criteria as a guideline.
(4) Municipal police officers from cities
listed in Texas Transportation Code, § 644.10, who meet the training and
certification requirements contained in subsection (b) of this section and are
certified by the department may stop, enter or detain on a highway or at a port
of entry within the municipality a motor vehicle that is subject to Texas
Transportation Code, Chapter 644.
(5) Sheriffs or deputy sheriffs from counties
listed in Texas Transportation Code, §
644.101, who meet
the training and certification requirements contained in subsection (b) of this
section and are certified by the department may stop, enter or detain on a
highway or at a port of entry within the county a motor vehicle that is subject
to Texas Transportation Code, Chapter 644.
(6) A certified peace officer from an
authorized municipality or county may prohibit the further operation of a
vehicle on a highway or at a port of entry within the municipality or county if
the vehicle or operator of the vehicle is in violation of Texas Transportation
Code, Chapter 522, or a federal safety regulation or rule adopted under Texas
Transportation Code, Chapter 644, by declaring the vehicle or operator
out-of-service using the North American Standard Out-of-Service Criteria as a
guideline.
(b) Training
and Certification Requirements.
(1) Certain
peace officers from the municipalities and counties specified in subsection (a)
of this section before being certified to enforce this article must:
(A) successfully complete the North American
Standard Roadside Inspection Course;
(B) successfully complete the Texas
Intrastate Roadside Inspection Course (Part C), if initial certification occurs
on or after January 1, 2006, or if recertification is required under subsection
(c)(4) of this section; and
(C)
participate in an on-the-job training program following the North American
Standard Roadside Inspection Course with a certified officer and perform a
minimum of 32 level I inspections. These inspections should be completed as
soon as practicable, but no later than six months after course completion.
(2) Certain peace
officers from the municipalities and counties specified in subsection (a) of
this section and eligible to enforce the Hazardous Materials Regulations must:
(A) successfully complete the North American
Standard Roadside Inspection Course;
(B) successfully complete the Hazardous
Materials Inspection Course; and
(C) participate in an on-the-job training
program following this course with a certified officer and perform a minimum of
16 level I inspections on vehicles containing non-bulk quantities of hazardous
materials. These inspections should be completed as soon as practicable, but no
later than six months after course completion.
(3) Certain peace officers from the
municipalities and counties specified in subsection (a) of this section and
eligible to enforce the Cargo Tank Specification requirements must:
(A) successfully complete the North American
Standard Roadside Inspection Course;
(B) successfully complete the Hazardous
Materials Inspection Course;
(C)
successfully complete the Cargo Tank Inspection Course; and
(D) participate in an on-the-job training
program following this course with a certified officer and perform a minimum of
16 level I inspections on vehicles transporting hazardous materials in cargo
tanks. These inspections should be completed as soon as practicable, but no
later than six months after course completion.
(4) Certain peace officers from the
municipalities and counties specified in subsection (a) of this section and
eligible to enforce the Other Bulk Packaging requirements must:
(A) successfully complete the North American
Standard Roadside Inspection Course;
(B) successfully complete the Hazardous
Materials Inspection Course;
(C)
successfully complete the Cargo Tank Inspection Course; and
(D) successfully complete the Other Bulk
Packaging Course.
(5)
Certain peace officers from the municipalities and counties specified in
subsection (a) of this section and eligible to enforce the passenger vehicle
requirements must:
(A) successfully complete
the North American Standard Roadside Inspection Course;
(B) successfully complete the Passenger
Vehicle Inspection Course; and
(C)
participate in an on-the-job training program following this course with a
certified officer and perform a minimum of 8 level I or V inspections on
passenger vehicles such as motor coaches/buses. These inspections should be
completed as soon as practicable, but no later than six months after course
completion.
(6) When the
training is provided by the Texas Department of Public Safety, the department
shall collect fees in an amount sufficient to recover from municipalities and
counties the cost of certifying its peace officers. The fees shall include:
(A) the per diem costs of the instructors
established in accordance with the Appropriations Act regarding in-state
travel;
(B) the travel costs of the
instructors to and from the training site;
(C) all course fees charged to the
department;
(D) all costs of
supplies; and
(E) the cost of the
training facility, if applicable.
(7) A public or private entity desiring to
train police officers in the enforcement of the Federal Motor Carrier Safety
Regulations must:
(A) submit a schedule of the
courses to be instructed;
(B)
submit an outline of the subject matter in each course;
(C) submit a list of the instructors and
their qualifications to be used in the training course;
(D) submit a copy of the
examination;
(E) submit an estimate
of the cost of the course;
(F)
receive approval from the director prior to providing the training
course;
(G) provide a list of all
peace officers attending the training course, including the peace officer's
name, rank, agency, social security number, dates of the course, and the
examination score; and
(H) receive
from each peace officer, municipality, or county the cost of providing the
training course(s).
(c) Maintaining Certification.
(1) To maintain certification to conduct
inspections and enforce the federal safety regulations, a peace officer must:
(A) Successfully complete the required annual
certification training; and
(B)
Perform a minimum of 32 Level I inspections per calendar year.
(C) If the officer is certified to perform
hazardous materials inspections, at least eight inspections (Levels I, II or V)
shall be conducted on vehicles containing non-bulk quantities of hazardous
materials per calendar year. Level I inspections on vehicles containing
non-bulk quantities of hazardous materials may also be used to satisfy the 32
Level I inspections required by subparagraph (B) of this paragraph.
(D) If the officer is certified to perform
cargo tank inspections, at least eight inspections (Levels I, II or V) shall be
conducted on vehicles transporting hazardous materials in cargo tanks per
calendar year. Level I inspections on cargo tank vehicles transporting
hazardous materials may also be used to satisfy the 32 Level I inspections
required by subparagraph (B) of this paragraph.
(E) If the officer is certified to perform
other bulk packaging inspections, the officer can use Level I inspections
performed on vehicles transporting hazardous materials in other bulk packaging
to satisfy the 32 Level I inspections required by subparagraph (B) of this
paragraph. Level I, II or V inspections on vehicles transporting hazardous
materials in other bulk packaging may also be used to satisfy the eight
inspections required by subparagraph (D) of this paragraph.
(F) If the officer is certified to perform
passenger vehicle inspections, at least eight inspections (Levels I or V) shall
be conducted on passenger vehicles such as motor coaches/buses per calendar
year. Level I inspections on passenger vehicles may also be used to satisfy the
32 Level I inspections required by subparagraph (B) of this
paragraph.
(2) In the
event an officer does not meet the requirements of this subsection, his or her
certification shall be suspended by the department. Such suspension action will
be initiated by the director or the director's designee.
(3) To be recertified, after suspension, an
officer shall pass the applicable examinations which may include the North
American Standard Roadside Inspection, the Hazardous Materials Inspection
Course, the Cargo Tank Inspection Course, the Other Bulk Packaging Inspection
Course, and/or the Passenger Vehicle Inspection Course and repeat the specified
number of inspections with a certified officer.
(4) Any officer failing any examination, or
failing to successfully demonstrate proficiency in conducting inspections after
allowing any certification to lapse will be required to repeat the entire
training process as outlined in subsection (b) of this section.
Notes
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