All rules and regulations adopted in this chapter apply to every person, including employers of such persons, who holds a Texas commercial driver license (CDL) or operates a commercial motor vehicle (CMV) in this state, regardless if they are operating in interstate, foreign, or intrastate commerce.

1. (1) The department incorporates by reference and adopts:

   1. (A) The Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part 383 including all interpretations thereto, as amended through March 1, 2016. Where there is conflict between 49 CFR Part 383 and Texas Transportation Code, Chapter 522, Texas Transportation Code, Chapter 522 controls.
   2. (B) 49 CFR §390.5.

2. (2) The CFRs detailed in this paragraph are excepted from adoption:

   1. (A) 49 CFR §383.3(d)(3).
   2. (B) 49 CFR §383.3(e).
   3. (C) 49 CFR §383.3(g).
   4. (D) 49 CFR §383.31(a).
   5. (E) 49 CFR §383.31(b).
   6. (F) 49 CFR §383.51(c)(9).
   7. (G) 49 CFR §383.153(10).

Source Note:The provisions of this §16.1 adopted to be effective September 14, 2016, 41 TexReg 7117.