1. (a) For a shipper's certificate of weight to be valid, the shipper must:

   1. (1) certify that the information contained on the form used for the shipper's certificate of weight is accurate; and

   2. (2) deliver the certificate to the motor carrier or other person transporting the shipment before:

      1. (A) the motor carrier or person applies for an overweight permit under this chapter; or
      2. (B) the motor carrier or person begins to transport the shipment if the motor carrier or person does not apply for an overweight permit because of the information in the certificate.
2. (b) A motor carrier who holds an annual envelope permit issued under this chapter may rely on the shipper's certificate of weight to determine whether the shipment requires an additional overweight permit.
3. (c) It is an affirmative defense to an administrative enforcement action under this chapter for the failure of a person or the holder of a permit to obtain the required overweight permit that the person relied on a valid shipper's certificate of weight.

Source Note:The provisions of this §28.113 adopted to be effective June 1, 2008, 33 TexReg 3776.