Title TN, Transportation Code

Sec. 643.251. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a motor carrier required to register under Subchapter B that violates this chapter or a rule or order adopted under this chapter. (b) Except as provided by this section, the amou…

Sec. 643.252. ADMINISTRATIVE SANCTIONS. (a) The department may suspend, revoke, or deny a registration issued under this chapter or place on probation a motor carrier whose registration is suspended if a motor carrier: (1) fails to maintain insurance or evidence of financial resp…

Sec. 643.2525. ADMINISTRATIVE HEARING PROCESS. (a) If the department determines that a violation has occurred for which an enforcement action is being taken under Section 643.251 or 643.252, the department shall give written notice to the motor carrier by first class mail to the …

Sec. 643.2526. APPEAL OF CERTAIN DEPARTMENT ACTIONS. (a) Notwithstanding any other law, a denial of an application for registration, renewal of registration, or reregistration under this chapter, or a revocation or suspension of a registration or placement on probation of a motor…

Sec. 643.253. OFFENSES AND PENALTIES. (a) A person commits an offense if the person fails to: (1) register as required by Subchapter B; (2) maintain insurance or evidence of financial responsibility as required by Subchapter C; or (3) keep a cab card in the cab of a vehicle as re…

Sec. 643.254. INSPECTION OF DOCUMENTS. (a) To investigate an alleged violation of this chapter or a rule or order adopted under this chapter, an officer or employee of the department who has been certified for the purpose by the director may enter a motor carrier's premises to in…

Sec. 643.255. INJUNCTIVE RELIEF. (a) The attorney general, at the request of the department, may petition a district court for appropriate injunctive relief to prevent or abate a violation of this chapter or a rule or order adopted under this chapter. (b) Venue in a suit for inju…

Sec. 643.256. CEASE AND DESIST ORDER. The department may issue a cease and desist order if the department determines that the action is necessary to: (1) prevent a violation of this chapter; and (2) protect the public health and safety. Added by Acts 2009, 81st Leg., R.S., Ch. 91…

Sec. 643.257. REFUND BY MOTOR CARRIERS TRANSPORTING HOUSEHOLD GOODS. The department may order a motor carrier that violates this chapter or a rule or order adopted under this chapter to pay a refund to a consumer who paid the motor carrier to transport household goods. Added by A…

Sec. 644.001. DEFINITIONS. In this chapter: (1) "Commercial motor vehicle" means: (A) a commercial motor vehicle as defined by 49 C.F.R. Section 390.5, if operated interstate; or (B) a commercial motor vehicle as defined by Section 548.001, if operated intrastate. (2) "Department…

Sec. 644.002. CONFLICTS OF LAW. (a) A federal motor carrier safety regulation prevails over a conflicting provision of this title applicable to a commercial vehicle operated in interstate commerce. A rule adopted by the director under this chapter prevails over a conflicting prov…

Sec. 644.003. RULES. The department may adopt rules to administer this chapter. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997.

Sec. 644.004. APPLICABILITY TO FOREIGN COMMERCIAL MOTOR VEHICLES. Except as otherwise provided by law, this chapter also applies to a foreign commercial motor vehicle, as defined by Section 648.001. Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.26(a), eff. Sept. 1, 1999.

Sec. 644.005. DEPARTMENT DATABASE. The department shall develop and maintain a database on roadside vehicle inspection reports for defects on any intermodal equipment. The database shall include all citations involving intermodal equipment issued by officers certified under Secti…

Sec. 644.051. AUTHORITY TO ADOPT RULES. (a) The director shall, after notice and a public hearing, adopt rules regulating: (1) the safe transportation of hazardous materials; and (2) the safe operation of commercial motor vehicles. (b) A rule adopted under this chapter must be co…

Sec. 644.052. APPLICABILITY OF RULES. (a) Notwithstanding an exemption provided in the federal safety regulations, other than an exemption relating to intracity or commercial zone operations provided in 49 C.F.R. Part 395, a rule adopted by the director under this chapter applies…

Sec. 644.053. LIMITATIONS OF RULES. (a) A rule adopted under this chapter may not: (1) prevent an intrastate operator from operating a vehicle up to 12 hours following eight consecutive hours off; (2) require a person to meet the medical standards provided in the federal motor ca…

Sec. 644.054. REGULATION OF CONTRACT CARRIERS OF CERTAIN PASSENGERS. (a) This section applies only to a contract carrier that transports an operating employee of a railroad on a road or highway of this state in a vehicle designed to carry 15 or fewer passengers. (b) The departmen…

Sec. 644.101. CERTIFICATION OF CERTAIN PEACE OFFICERS. (a) The department shall establish procedures, including training, for the certification of municipal police officers, sheriffs, and deputy sheriffs to enforce this chapter. (b) A police officer of any of the following munici…

Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS. (a) The department by rule shall establish uniform standards for municipal or county enforcement of this chapter. (b) A municipality or county that engages in enforcement under this chapter: (1) shall pay all costs rela…

Sec. 644.103. DETENTION OF VEHICLES. (a) 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 this chapter. (b) A municipal police officer who is certified under Section 644.101 may stop, enter, or detain on…

Sec. 644.104. INSPECTION OF PREMISES. (a) An officer or employee of the department who has been certified for the purpose by the director may enter a motor carrier's premises to: (1) inspect real property, including a building, or equipment; or (2) copy or verify the correctness …

Sec. 644.151. CRIMINAL OFFENSE. (a) A person commits an offense if the person: (1) violates a rule adopted under this chapter; (2) does not permit an inspection authorized under Section 644.104; or (3) knowingly operates a commercial motor vehicle in violation of an out-of-servic…

Sec. 644.152. CIVIL PENALTY. (a) A person who does not permit an inspection authorized by Section 644.104 is liable to the state for a civil penalty in an amount not to exceed $1,000. (b) The attorney general may sue to collect the penalty in: (1) the county in which the violatio…

Sec. 644.153. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a person who violates: (1) a rule adopted under this chapter; or (2) a provision of Subchapter C that the department by rule subjects to administrative penalties. (b) To be desig…

Sec. 644.154. SUIT FOR INJUNCTION. (a) The attorney general shall sue to enjoin a violation or a threatened violation of a rule adopted under this chapter on request of the director. (b) The suit must be brought in the county in which the violation or threat is alleged to have oc…

Sec. 644.155. COMPLIANCE REVIEW AND SAFETY AUDIT PROGRAM. The department shall implement and enforce a compliance review and safety audit program similar to the federal program established under 49 C.F.R. Part 385 for any person who owns or operates a commercial motor vehicle tha…

Sec. 644.201. ADOPTION OF RULES. (a) The Texas Transportation Commission shall adopt rules under this subchapter consistent with 49 C.F.R. Part 397 for the routing of nonradioactive hazardous materials. (b) Rules concerning signage, public participation, and procedural requiremen…

Sec. 644.202. DESIGNATION OF ROUTE. (a) A political subdivision of this state or a state agency may designate a route for the transportation of nonradioactive hazardous materials over a public road or highway in this state only if the Texas Department of Transportation approves t…

Sec. 644.203. SIGNS. (a) The Texas Department of Transportation shall provide signs for a designated route under Section 644.202(c) over a road or highway that is not part of the state highway system. Notwithstanding Section 222.001, the Texas Department of Transportation may use…

Sec. 644.251. DEFINITIONS. In this subchapter: (1) "Employee" has the meaning assigned by 49 C.F.R. Section 40.3. (2) "Valid positive result" means: (A) an alcohol concentration of 0.04 or greater on an alcohol confirmation test; or (B) a result at or above the cutoff concentrati…

Sec. 644.252. REPORT OF REFUSAL AND CERTAIN RESULTS. (a) An employer required to conduct alcohol and drug testing of an employee who holds a commercial driver's license under Chapter 522 under federal safety regulations as part of the employer's drug testing program or consortium…

Sec. 644A.001. DEFINITIONS. In this chapter: (1) "Motor carrier" has the meaning assigned by Section 643.001. (2) "Motor carrier safety improvement" means any: (A) device, equipment, software, or technology that is intended and primarily used to improve or facilitate: (i) complia…

Sec. 644A.002. EMPLOYMENT STATUS. The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or a related entity, including through contract, may not be considered when determining whether the operator of a motor vehicle is a…

Sec. 645.001. FEDERAL UNIFIED CARRIER REGISTRATION; DEFINITION. (a) In this chapter, "unified carrier registration plan and agreement" means the federal unified carrier registration plan and agreement provided by 49 U.S.C. Section 14504a. (b) The Texas Department of Motor Vehicle…

Sec. 645.002. FEES. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 17, eff. January 1, 2018. (b) The department may adopt rules regarding the method of payment of a fee required under the unified carrier registration plan and agreement. The rules may: (1) a…

Sec. 645.003. ENFORCEMENT RULES. (a) The department may adopt rules providing for administrative penalties for a failure to register or submit information and documents under the unified carrier registration plan and agreement or for a violation of the unified carrier registratio…

Sec. 645.004. CRIMINAL OFFENSE. (a) A person commits an offense if the person fails to: (1) register as required by the unified carrier registration plan and agreement; or (2) submit information and documents as required by the unified carrier registration plan and agreement. (b)…

Sec. 646.001. DEFINITIONS. In this chapter: (1) "Department" means the Texas Department of Motor Vehicles. (2) "Motor transportation broker" means a person who: (A) sells, offers for sale, provides, or negotiates for the transportation of cargo by a motor carrier operated by anot…

Sec. 646.002. EXCEPTION. This chapter does not apply to a motor transportation broker who: (1) is registered as a motor carrier under Chapter 643; or (2) holds a permit issued under Subtitle IV, Title 49, United States Code. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.153(a),…

Sec. 646.003. BOND REQUIRED. (a) A person may not act as a motor transportation broker unless the person provides a bond to the department. (b) The bond must be in an amount of at least $10,000 and must be: (1) executed by a bonding company authorized to do business in this state…

Sec. 646.004. CRIMINAL OFFENSE. (a) A person commits an offense if the person fails to provide the bond required by Section 646.003. (b) An offense under this section is a Class C misdemeanor. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.153(a), eff. Sept. 1, 1997.

Sec. 647.001. DEFINITIONS. In this chapter: (1) "Bus" means a motor vehicle that is designed, constructed, and used to transport passengers. The term does not include a passenger automobile or a station wagon other than a taxicab. (2) "Highway" has the meaning assigned by Section…

Sec. 647.002. APPLICATION OF CHAPTER. (a) This chapter applies to any carrier, including a carrier under contract, who at any time uses a motor vehicle to transport to or from a place of employment in this state at least five migrant agricultural workers for a total distance of m…

Sec. 647.003. TYPE OF VEHICLE ALLOWED. (a) A carrier may transport migrant agricultural workers only in a: (1) bus; (2) truck to which a trailer is not attached; or (3) semitrailer attached to a truck tractor. (b) A carrier may not: (1) attach a trailer to a semitrailer described…

Sec. 647.004. COMPLIANCE WITH REQUIREMENTS OF CHAPTER. (a) A carrier shall comply with the requirements and specifications of this chapter. (b) An officer, agent, representative, or employee of a carrier who operates a motor vehicle used to transport migrant agricultural workers …