1. (a) The commission incorporates by reference the Federal Motor Carrier Safety Regulations, 49 Code of Federal Regulations, Parts 390-393 and 395-397, including amendments and interpretations thereto.

2. (b) For purposes of this section only, and with respect to the adoption in subsection (a) of this section, certain terms when used in the federal regulations as adopted in subsection (a) of this section will be defined as follows:

   1. (1) the definition of a motor carrier will be the same as that given in Texas Civil Statutes, Article 6701d, §2(o);
   2. (2) the definition of hazardous material shipper will be the same as that given in Texas Civil Statutes, Article 6701d, §2(p);
   3. (3) interstate or foreign commerce will include all movements by motor vehicle, both interstate and intrastate, over the streets and highways of this state;
   4. (4) department means the Railroad Commission of Texas;
   5. (5) regional highway administrator means the director of the Texas Department of Public Safety;
   6. (6) farm vehicle means any vehicle or combination of vehicles controlled and/or operated by a farmer or rancher being used to transport agriculture products, farm machinery, and farm supplies to or from a farm or ranch; and
   7. (7) private carrier means any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle" who or which transports by motor vehicle property of which such person is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent, or bailment, or in furtherance of any commercial enterprise.

3. (c) Exceptions to the adoption in subsection (a) of this section were made by Texas Civil Statutes, Article 6701d, §139, and are adopted as follows.

   1. (1) The regulations shall be applicable to vehicles with an actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds, except that the regulations will be applicable to farm vehicles with an actual gross weight, a registered gross weight, or vehicles with a gross rating of 48,000 pounds or more. Vehicles transporting 15 or more passengers and all vehicles transporting hazardous materials requiring a placard are subject to the regulations.
   2. (2) Drivers in intrastate commerce will be permitted to drive 12 hours following eight consecutive hours off duty.
   3. (3) Such regulations shall not apply to vehicles operated intrastate used in oil or water well servicing or drilling which are constructed as a machine consisting of a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for such purpose or purposes.
   4. (4) Such regulations shall not apply to a mobile crane which is an unladen, self-propelled vehicle constructed as a machine used to raise, shift, or lower weights when operated intrastate.

   5. (5) The maintenance of any type of government form, separate company form, driver's record of duty status, or a driver's daily log is not required if the vehicle is operated within a 150 air mile radius of the normal work reporting location:

      1. (A) if the owner has another method by which he keeps, as a business record, date and time of delivery of product or service, and location of delivery of product or service so that a general record of the driver's hours of service may be compiled; or
      2. (B) if another law requires or specifies the maintenance of delivery tickets, sales invoices, or other documents which show the date of delivery and quantity of merchandise delivered, so that a general record of the driver's hours of service may be compiled; and

      3. (C) provided that the business records generally conform with the following:

         1. (i) the time the driver reports for duty each day;
         2. (ii) the total number of hours the driver is on duty each day;
         3. (iii) the time the driver is released from duty each day; and
         4. (iv) the total time for the preceding seven days in accordance with 49 Code of Federal Regulations §395.8 of the Federal Motor Carrier Safety Regulations for drivers used for the first time or intermittently.

   6. (6) Drivers who are not transporting hazardous materials and were regularly employed in Texas as an intrastate motor carrier prior to the effective date of this adoption are not required to meet the medical standards contained in the federal regulations.

      1. (A) For the purpose of enforcement of this regulation, those drivers who reached their 18th birthday after September 1, 1989, shall be required to meet all medical standards.
      2. (B) The exceptions contained in this paragraph shall not be deemed as exempt from drug testing requirements contained in 49 Code of Federal Regulations, Part 391.

4. (d) Exceptions adopted by the commission not specified in Texas Civil Statutes, Article 6701d, §139, are as follows.

   1. (1) 49 Code of Federal Regulations §393.86 requiring rear end protection shall not be applicable provided the vehicle was manufactured prior to September 1, 1991.

   2. (2) Under this section, the Texas Department of Public Safety may provide a waiver for a person who is otherwise disqualified under 49 Code of Federal Regulations §391.41(b)(10), provided the person meets the vision standards adopted by the Texas Department of Public Safety in 37 Texas Administrative Code §15.51 (concerning vision tests).

      1. (A) Applications for a waiver shall not be accepted by the Texas Department of Public Safety after January 1, 1990.
      2. (B) Waivers granted under this paragraph are automatically renewed, provided the applicant continues to meet vision standards adopted by the Texas Department of Public Safety in 37 Texas Administrative Code §15.51 (concerning vision tests).
   3. (3) Drivers of vehicles under this section operating in intrastate transportation shall not be permitted to drive after having worked and/or driven for 70 hours in any consecutive seven-day period.
   4. (4) 49 Code of Federal Regulations §391.(b)(1) is not adopted for intrastate drivers. The minimum age for an intrastate driver shall be 18 years of age.
   5. (5) 49 Code of Federal Regulations §391.11(b)(2) is not adopted for intrastate drivers. An intrastate driver must have successfully passed the examination for a Texas driver's license and be a minimum age of 18 years old.
   6. (6) 49 Code of Federal Regulations §391.51 pertaining to driver qualification files is effective on and after January 1, 1990.
   7. (7) The portions of 49 Code of Federal Regulations, Part 391, pertaining to drug testing requirements, are effective on and after December 21, 1990, for intrastate drivers.
   8. (8) Texas Civil Statutes, Article 6701d, §132(b) and (c), as it relates to brakes on trailers weighing 15,000 pounds gross weight or less, takes precedence over the brake requirements in the federal regulations for trailers of this gross weight specification.
   9. (9) Texas Civil Statutes, Article 6701b-1, concerning identifying markings on commercial motor vehicles, shall take precedence over 49 Code of Federal Regulations §390.21 for vehicles operated in intrastate commerce.
   10. (10) Peace officers of any Texas city having a population of 100,000 or more are considered to be certified by the Texas Department of Public Safety and eligible to enforce the Federal Motor Carrier Safety Regulations, provided each officer enforcing the Federal Motor Carrier Safety Regulations must have completed a course of training of which the curriculum and instructors have been approved by the director of the Texas Department of Public Safety. Peace officers requesting certification as required in this paragraph shall submit to the Texas Department of Public Safety a schedule of the courses which have been completed, including identification of the instructor(s). Peace officers certified by the director of the Texas Department of Public Safety shall have the authority to enforce the regulations herein adopted applicable to intrastate drivers and vehicles and all regulations in 49 Code of Federal Regulations, Parts 390-393 and 395-397, applicable to interstate drivers and vehicles.
   11. (11) Regulations and exceptions adopted herein are applicable to intrastate drivers and vehicles. All regulations contained in 49 Code of Federal Regulations, Parts 390-393 and 395-397, and all amendments thereto pertaining to interstate drivers and vehicles are adopted.
   12. (12) Nothing in this section shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operations and employee safety and health.

Source Note:The provisions of this §5.202 adopted to be effective July 18, 1995, 20 TexReg 4917.