37 Tex. Admin. Code § 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 or vehicle inspection report.

(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 March 1, 2015, the fee charged for commercial motor vehicle inspections may not exceed the amounts set by Texas Transportation Code, Chapter 548, and other statutorily mandated inspection fees. Fees will be collected in accordance with Texas Transportation Code, § 548.504 and § 548.509. A unique vehicle inspection report will be issued by certified vehicle inspection stations to designate that the vehicle has met the Federal Motor Carrier Safety Regulations and state inspection requirements.

(d) The commercial motor vehicle's vehicle inspection report will expire on the last day of the month and year following the date of issuance.

(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 the operator possesses a valid commercial motor vehicle inspection report.

(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;

(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); and

(7) covered farm vehicles as defined in Title 49, Code of Federal Regulation, Part 390.5.

Notes

37 Tex. Admin. Code § 4.36

The provisions of this §4.36 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective June 13, 2005, 30 TexReg 3430; amended to be effective June 8, 2006, 31 TexReg 4658; amended by Texas Register, Volume 40, Number 06, February 6, 2015, TexReg 609, eff. 2/12/2015