43 Tex. Admin. Code § 217.40 - Special Registrations
(a)
Purpose and scope. Transportation Code, Chapter 502, Subchapters C and I,
charge the department with the responsibility of issuing special registration
permits which shall be recognized as legal registration for the movement of
motor vehicles not authorized to travel on Texas public highways for lack of
registration or for lack of reciprocity with the state or country in which the
vehicles are registered. For the department to efficiently and effectively
perform these duties, this section prescribes the policies and procedures for
the application and the issuance of temporary registration permits.
(b) Permit categories. The department will
issue the following categories of special registration permits.
(1) Additional weight permits. The owner of a
truck, truck tractor, trailer, or semitrailer may purchase temporary additional
weight permits for the purpose of transporting the owner's own seasonal
agricultural products to market or other points for sale or processing in
accordance with Transportation Code, §
502.434. In
addition, such vehicles may be used for the transportation without charge of
seasonal laborers from their place of residence, and materials, tools,
equipment, and supplies from the place of purchase or storage, to a farm or
ranch exclusively for use on such farm or ranch.
(A) Additional weight permits are valid for a
limited period of less than one year.
(B) An additional weight permit will not be
issued for a period of less than one month or extended beyond the expiration of
a license plate issued under Transportation Code, Chapter 502.
(C) The statutory fee for an additional
weight permit is based on a percentage of the difference between the owner's
annual registration fee and the annual fee for the desired gross vehicle weight
computed as follows:
(i) one-month (or 30
consecutive days)--10%;
(ii)
one-quarter (three consecutive months)--30%;
(iii) two-quarters (six consecutive
months)--60%; or
(iv)
three-quarters (nine consecutive months)--90%.
(D) Additional weight permits are issued for
calendar quarters with the first quarter to begin on April 1st of each
year.
(E) A permit will not be
issued unless the registration fee for hauling the additional weight has been
paid prior to the actual hauling.
(F) An applicant must provide proof of the
applicant's Texas Agriculture or Timber Exemption Registration Number issued by
the Texas Comptroller of Public Accounts. Proof of the registration number must
be:
(i) legible;
(ii) current;
(iii) in the name of the person or dba in
which the vehicle is or will be registered; and
(iv) verifiable through the online system
established by the Comptroller.
(2) Annual permits.
(A) Transportation Code, §
502.093
authorizes the department to issue annual permits to provide for the movement
of foreign commercial vehicles that are not authorized to travel on Texas
highways for lack of registration or for lack of reciprocity with the state or
country in which the vehicles are registered. The department will issue annual
permits:
(i) for a 12-month period designated
by the department which begins on the first day of a calendar month and expires
on the last day of the last calendar month in that annual registration period;
and
(ii) to each vehicle or
combination of vehicles for the registration fee prescribed by weight
classification in Transportation Code, §
502.253 and
§
502.255.
(B) The department will not issue
annual permits for the importation of citrus fruit into Texas from a foreign
country except for foreign export or processing for foreign export.
(C) The following exemptions apply to
vehicles displaying annual permits.
(i)
Currently registered foreign semitrailers having a gross weight in excess of
6,000 pounds used or to be used in combination with commercial motor vehicles
or truck tractors having a gross vehicle weight in excess of 10,000 pounds are
exempted from the requirements to pay the token fee and display the associated
distinguishing license plate provided for in Transportation Code, §
502.255. An
annual permit is required for the power unit only. For vehicles registered in
combination, the combined gross weight may not be less than 18,000
pounds.
(ii) Vehicles registered
with annual permits are not subject to the optional county registration fee
under Transportation Code, §
502.401; the
optional county fee for transportation projects under Transportation Code,
§
502.402; or the
optional registration fee for child safety under Transportation Code, §
502.403.
(3) 72-hour permits and
144-hour permits.
(A) In accordance with
Transportation Code, §
502.094, the
department will issue a permit valid for 72 hours or 144 hours for the movement
of commercial motor vehicles, trailers, semitrailers, and motor buses owned by
residents of the United States, Mexico, or Canada.
(B) A 72-hour permit or a 144-hour permit is
valid for the period of time stated on the permit beginning with the effective
day and time as shown on the permit registration receipt.
(C) Vehicles displaying 72-hour permits or
144-hour permits are subject to vehicle safety inspection in accordance with
Transportation Code, §
548.051, except
for:
(i) vehicles currently registered in
another state of the United States, Mexico, or Canada; and
(ii) mobile drilling and servicing equipment
used in the production of gas, crude petroleum, or oil, including, but not
limited to, mobile cranes and hoisting equipment, mobile lift equipment,
forklifts, and tugs.
(D)
The department will not issue a 72-hour permit or a 144-hour permit to a
commercial motor vehicle, trailer, semitrailer, or motor bus apprehended for
violation of Texas registration laws. Apprehended vehicles must be registered
under Transportation Code, Chapter 502.
(4) Temporary agricultural permits.
(A) Transportation Code, §
502.092
authorizes the department to issue a 30-day temporary nonresident registration
permit to a nonresident for any truck, truck tractor, trailer, or semitrailer
to be used in the movement of all agriculture products produced in Texas:
(i) from the place of production to market,
storage, or railhead not more than 75 miles from the place of production;
or
(ii) to be used in the movement
of machinery used to harvest Texas-produced agricultural products.
(B) The department will issue a
30-day temporary nonresident registration permit to a nonresident for any
truck, truck tractor, trailer, or semitrailer used to move or harvest farm
products, produced outside of Texas, but:
(i)
marketed or processed in Texas; or
(ii) moved to points in Texas for shipment
from the point of entry into Texas to market, storage, processing plant,
railhead or seaport not more than 80 miles from such point of entry into
Texas.
(C) The statutory
fee for temporary agricultural permits is one-twelfth of the annual Texas
registration fee prescribed for the vehicle for which the permit is
issued.
(D) The department will
issue a temporary agricultural permit only when the vehicle is legally
registered in the nonresident's home state or country for the current
registration year.
(E) The number
of temporary agricultural permits is limited to three permits per nonresident
owner during any one vehicle registration year.
(F) Temporary agricultural permits may not be
issued to farm licensed trailers or semitrailers.
(5) One-trip permits. Transportation Code,
§
502.095
authorizes the department to temporarily register any unladen vehicle upon
application to provide for the movement of the vehicle for one trip, when the
vehicle is subject to Texas registration and not authorized to travel on the
public roadways for lack of registration or lack of registration reciprocity.
(A) Upon receipt of the $5 fee, registration
will be valid for one trip only between the points of origin and destination
and intermediate points as may be set forth in the application and registration
receipt.
(B) The department will
issue a one-trip permit to a bus which is not covered by a reciprocity
agreement with the state or country in which it is registered to allow for the
transit of the vehicle only. The vehicle should not be used for the
transportation of any passenger or property, for compensation or otherwise,
unless such bus is operating under charter from another state or
country.
(C) A one-trip permit is
valid for a period up to 15 days from the effective date of
registration.
(D) A one-trip permit
may not be issued for a trip which both originates and terminates outside
Texas.
(E) A laden motor vehicle or
a laden commercial vehicle cannot display a one-trip permit. If the vehicle is
unregistered, it must operate with a 72-hour or 144-hour permit.
(6) 30-day temporary registration
permits. Transportation Code, §
502.095
authorizes the department to issue a temporary registration permit valid for 30
days for a $25 fee. A vehicle operated on a 30-day temporary permit is not
restricted to a specific route. The permit is available for:
(A) passenger vehicles;
(B) motorcycles;
(C) private buses;
(D) trailers and semitrailers with a gross
weight not exceeding 10,000 pounds;
(E) light commercial vehicles not exceeding a
gross weight of 10,000 pounds; and
(F) a commercial vehicle exceeding 10,000
pounds, provided the vehicle is operated unladen.
(c) Application process.
(1) Procedure. An owner who wishes to apply
for a temporary registration permit for a vehicle which is otherwise required
to be registered in accordance with this subchapter, must do so on a form
prescribed by the department.
(2)
Form requirements. The application form will at a minimum require:
(A) the signature of the owner;
(B) the name and complete address of the
applicant; and
(C) the vehicle
description.
(3) Fees
and documentation. The application must be accompanied by:
(A) statutorily prescribed fees, unless the
applicant is exempt from fees under Transportation Code, §
501.0236 and
provides the letter specified in § 217.16(c) of this title (relating to
Application for Title When Dealer Goes Out of Business);
(B) evidence of financial responsibility:
(i) as required by Transportation Code,
Chapter 502, Subchapter B, provided that all policies written for the operation
of motor vehicles must be issued by an insurance company or surety company
authorized to write motor vehicle liability insurance in Texas; or
(ii) if the applicant is a motor carrier as
defined by §
218.2 of
this title (relating to Definitions), indicating that the vehicle is registered
in compliance with Chapter 218, Subchapter B of this title (relating to Motor
Carrier Registration); and
(C) any other documents or fees required by
law.
(4) Place of
application.
(A) All applications for annual
permits must be submitted directly to the department for processing and
issuance.
(B) Additional weight
permits and temporary agricultural permits may be obtained by making
application with the department through the county tax assessor-collectors'
offices.
(C) 72-hour and 144-hour
permits, one-trip permits, and 30-day temporary registration permits may be
obtained by making application either with the department or the county tax
assessor-collectors' offices.
(d) Receipt for permit in lieu of
registration. A receipt will be issued for each permit in lieu of registration
to be carried in the vehicle during the time the permit is valid. A one-trip or
30-day trip permit must be displayed as required by Transportation Code, §
502.095(f).
If the receipt is lost or destroyed, the owner must obtain a duplicate from the
department or from the county office. The fee for the duplicate receipt is the
same as the fee required by Transportation Code, §
502.058.
(e) Transfer of temporary permits.
(1) Temporary permits are non-transferable
between vehicles and/or owners.
(2)
If the owner of a vehicle displaying a temporary permit disposes of the vehicle
during the time the permit is valid, the permit must be returned to the county
tax assessor-collector office or department immediately.
(f) Replacement permits. Vehicle owners
displaying annual permits may obtain replacement permits if an annual permit is
lost, stolen, or mutilated.
(1) The fee for a
replacement annual permit is the same as for a replacement number plate,
symbol, tab, or other device as provided by Transportation Code, §
502.060.
(2) The owner shall apply directly to the
department in writing for the issuance of a replacement annual permit. Such
request should include a copy of the registration receipt and replacement
fee.
(g) Agreements with
other jurisdictions. In accordance with Transportation Code, §
502.091, and
Chapter 648, the executive director of the department may enter into a written
agreement with an authorized officer of a state, province, territory, or
possession of a foreign country to provide for the exemption from payment of
registration fees by nonresidents, if residents of this state are granted
reciprocal exemptions. The executive director may enter into such agreement
only upon:
(1) the approval of the governor;
and
(2) making a determination that
the economic benefits to the state outweigh all other factors
considered.
(h) Border
commercial zones.
(1) Texas registration
required. A vehicle located in a border commercial zone must display a valid
Texas registration if the vehicle is owned by a person who:
(A) owns a leasing facility or a leasing
terminal located in Texas; and
(B)
leases the vehicle to a foreign motor carrier.
(2) Exemption for trips of short duration.
Except as provided by paragraph (1) of this subsection, a foreign commercial
vehicle operating in accordance with Transportation Code, Chapter 648 is exempt
from the display of a temporary registration permit if:
(A) the vehicle is engaged solely in the
transportation of cargo across the border into or from a border commercial
zone;
(B) for each load of cargo
transported the vehicle remains in this state for:
(i) not more than 24 hours; or
(ii) not more than 48 hours, if:
(I) the vehicle is unable to leave this state
within 24 hours because of circumstances beyond the control of the motor
carrier operating the vehicle; and
(II) all financial responsibility
requirements applying to this vehicle are satisfied;
(C) the vehicle is registered and
licensed as required by the country in which the person that owns the vehicle
is domiciled or is a citizen as evidenced by a valid metal license plate
attached to the front or rear exterior of the vehicle; and
(D) the country in which the person who owns
the vehicle is domiciled or is a citizen provides a reciprocal exemption for
commercial motor vehicles owned by residents of Texas.
(3) Exemption due to reciprocity agreement.
Except as provided by paragraph (1) of this subsection, a foreign commercial
motor vehicle in a border commercial zone in this state is exempt from the
requirement of obtaining a Texas registration if the vehicle is currently
registered in another state of the United States or a province of Canada with
which this state has a reciprocity agreement that exempts a vehicle that is
owned by a resident of this state and that is currently registered in this
state from registration in the other state or province.
Notes
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