37 Tex. Admin. Code § 16.2 – Commercial Motor Vehicles and Licensing Definitions

(a) The following words and terms, when used in this chapter, or in Texas Transportation Code, Chapter 522 shall have the following meanings, unless the context shall clearly indicate otherwise.
1. (1) Commercial motor vehicles (CMV)--A motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:
  1. (A) has a gross combination weight rating (GCWR) of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds. In determining the GVWR of the towed unit, the weight of all vehicles being towed will be added together;
  2. (B) has a GVWR of 26,001 or more pounds;
  3. (C) is designed to transport 16 or more passengers, including the driver; or
  4. (D) is transporting hazardous materials and is required to be placarded in accordance with 49 Code of Federal Regulations, Part 172, Subpart F.
2. (2) Gross combination weight rating (GCWR)--The value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. If there is no manufacturer's specified value, gross combination weight rating is determined by adding the GVWR of the power unit and the total weight of the towed unit or units and any load on a towed unit.
3. (3) Gross vehicle weight rating (GVWR)--The value specified by the manufacturer as the loaded weight of a single vehicle.
4. (4) Employer--A person who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. For purposes of this chapter, the definition of a person also includes the United States, a State, District of Columbia or a political subdivision of a State.
5. (5) Out-of-service order--
  1. (A) a temporary prohibition against driving a commercial motor vehicle issued under §522.101, the law of another state, 49 C.F.R. §383.5; or 49 C.F.R. §§386.72, 395.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria, or
  2. (B) a declaration by the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a state or local jurisdiction that a driver, commercial motor vehicle, or motor carrier operation is out of service under 49 C.F.R. §383.5 or 49 C.F.R. §§386.72, 395.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria.
(b) If the GVWR or GCWR cannot be determined, then the registered gross weight or the actual gross weight of the vehicle(s), whichever is greater, can be used for enforcement purposes in determining CDL requirements.
(c) For purposes of determining whether a vehicle can be used for taking a skills test to obtain a CDL, only vehicle(s) for which the GVWR or GCWR (as defined or calculated under 49 Code of Federal Regulations, §383.5, and Texas Transportation Code, §522.003(17)(18)) is known may be used. If the GVWR or GCWR cannot be determined, the vehicle(s) cannot be used for taking a skills test. If the GVWR plate is missing from the vehicle(s) but, based on the driver license employee's knowledge and experience, he/she believes the vehicle(s) is over 26,000 pounds, then the employee may permit the vehicle(s) to be used for a skills test.

Source Note:The provisions of this §16.2 adopted to be effective July 16, 1990, 15 TexReg 3806; amended to be effective November 18, 1993, 18 TexReg 8228; amended to be effective July 7, 1999, 24 TexReg 5025; amended to be effective November 13, 2011, 36 TexReg 7557.