1. (a) Purpose. To promote and encourage the fullest possible use of the highway system and contribute to the economic development and growth of the State of Texas and its residents, the department is authorized by Transportation Code, §502.054 to enter into agreements with duly authorized officials of other jurisdictions, including any state of the United States, the District of Columbia, a foreign country, a state or province of a foreign country, or a territory or possession of either the United States or of a foreign country, and to provide for the registration of vehicles by Texas residents and nonresidents on an allocation or distance apportionment basis, and to grant exemptions from the payment of registration fees by nonresidents if the grants are reciprocal to Texas residents.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Cab card--The apportioned vehicle registration receipt that contains, but is not limited to, the vehicle description and the registered weight at which the vehicle may operate in each jurisdiction.
   2. (2) Department--The Texas Department of Motor Vehicles.
   3. (3) Director--The director of the Vehicle Titles and Registration Division, Texas Department of Motor Vehicles.

   4. (4) Distance--The distance an apportioned motor vehicle is:

      1. (A) expected to travel in a member jurisdiction during a registration year as reported by an applicant; or
      2. (B) actually operated in a member jurisdiction during a reporting period.
   5. (5) Executive director--The chief executive officer of the department.
   6. (6) Temporary cab card--A temporary registration permit authorized by the department that allows the operation of a vehicle for 30 days subject to all rights and privileges afforded to a vehicle displaying apportioned registration.

3. (c) Multilateral agreements.

   1. (1) Authority. The executive director may on behalf of the department enter a multilateral agreement with the duly authorized officials of two or more other jurisdictions to carry out the purpose of this section.

   2. (2) International Registration Plan.

      1. (A) Applicability. The International Registration Plan is a registration reciprocity agreement among states of the United States and other jurisdictions providing for payment of registration fees on the basis of fleet distance operated in various jurisdictions. Its purpose is to promote and encourage the fullest possible use of the highway system by authorizing apportioned registration for commercial motor vehicles and payment of appropriate vehicle registration fees and thus contributing to the economic development and growth of the member jurisdictions.

      2. (B) Adoption. The department adopts by reference the most currently adopted edition of the International Registration Plan (IRP). This document will be periodically amended by its members. Copies of the document are available for review in the Vehicle Titles and Registration Division, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin. Copies are also available on request. The following words and terms, when used in the IRP or in this subparagraph, shall have the following meanings, unless the context clearly indicates otherwise.

         1. (i) Apportionable vehicle--Any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and used either for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and:

            1. (I) is a power unit having two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds or 11,793.401 kilograms;
            2. (II) is a power unit having three or more axles, regardless of weight;
            3. (III) is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,793.401 kilograms gross vehicle weight; or
            4. (IV) at the option of the registrant, trucks and truck tractors, and combinations of vehicles having a gross vehicle weight of 26,000 pounds or 11,793.401 kilograms or less and buses used in transportation of chartered parties.
         2. (ii) Commercial vehicle--A vehicle or combination designed and used for the transportation of persons or property in furtherance of any commercial enterprise, for hire or not for hire.
         3. (iii) Erroneous issuance--Apportioned registration issued based on erroneous information provided to the department.
         4. (iv) Established place of business--A physical structure owned or leased within the state of Texas by the applicant or fleet registrant and maintained in accordance with the provisions of the International Registration Plan.
         5. (v) Fleet distance--All distance operated by an apportionable vehicle or vehicles used to calculate registration fees for the various jurisdictions.

      3. (C) Application.

         1. (i) An applicant must submit an application to the department on a form prescribed by the director together with additional documentation as required by the director.
         2. (ii) Upon approval of the application, the department will compute the appropriate registration fees and notify the registrant.
      4. (D) Fees. Upon receipt of the applicable fees in the form of a check, cashier's check, money order, or electronic funds transfer through an automated clearinghouse (ACH) made payable in United States funds, the department will issue one license plate and cab card for each vehicle registered.

      5. (E) Display.

         1. (i) The license plate issued to a power unit shall be installed on the front of the vehicle, and the license plate issued for a trailer shall be installed on the rear of the vehicle.
         2. (ii) The cab card shall be carried at all times in the vehicle in accordance with Transportation Code, §621.002.
      6. (F) Audit. An audit of the registrant's vehicle operational records may be conducted by the department according to the IRP provisions. Upon request, the registrant shall provide the operational records of each vehicle for audit in unit number order, in sequence by date, and including, but not limited to, a summary of distance traveled by each individual truck on a monthly, quarterly, and annual basis with distance totaled separately for each jurisdiction in which the vehicle traveled.

      7. (G) Assessment. The department may assess additional registration fees of up to 100 percent of the Texas registration fees, if an audit conducted under subparagraph (F) of this paragraph reveals that:

         1. (i) the operational records indicate that the vehicle did not generate interstate distance in two or more member jurisdictions for the distance reporting period supporting the application being audited, plus the six-month period immediately following that distance reporting period;
         2. (ii) the registrant failed to provide complete operational records; or
         3. (iii) the distance must be adjusted, and the adjustment results in a shortage of registration fees due Texas or any other IRP jurisdiction.
      8. (H) Refunds. If an audit conducted under subparagraph (F) of this paragraph reveals an overpayment of fees to Texas or any other IRP jurisdiction, the department will refund the overpayment of registration fees in accordance with Transportation Code, §502.183 and IRP guidelines. Any registration fees refunded to a carrier for another jurisdiction will be deducted from registration fees collected and transmitted to that jurisdiction.

      9. (I) Cancellation. The director or the director's designee may cancel a registrant's apportioned registration and all privileges provided by the IRP if the registrant:

         1. (i) submits payment in the form of a check that is dishonored;
         2. (ii) files or provides erroneous information to the department; or

         3. (iii) fails to:

            1. (I) remit appropriate fees due each jurisdiction in which the registrant is authorized to operate;
            2. (II) meet the requirements of the IRP concerning established place of business;
            3. (III) provide operational records in accordance with subparagraph (F) of this paragraph;
            4. (IV) provide an acceptable source document as specified in the IRP; or
            5. (V) pay an assessment pursuant to subparagraph (G) of this paragraph.

      10. (J) Enforcement of cancelled registration.

          1. (i) Notice. If a registrant is assessed additional registration fees, as provided in subparagraph (G) of this paragraph, and the additional fees are not paid by the due date provided in the notice or it is determined that a registrant's apportioned license plates and privileges should be canceled, as provided in subparagraph (I) of this paragraph, the director or the director's designee will mail a notice by certified mail to the last known address of the registrant. The notice will state the facts underlying the assessment or cancellation, the effective date of the assessment or cancellation, and the right of the registrant to request a conference as provided in clause (ii) of this subparagraph.
          2. (ii) Conference. A registrant may request a conference upon receipt of a notice issued as provided by clause (i) of this subparagraph. The request must be made in writing to the director or the director's designee within 30 days of the date of the notice. If timely requested, the conference will be scheduled and conducted by the director or the director's designee at division headquarters in Austin and will serve to abate the assessment or cancellation unless and until that assessment or cancellation is affirmed or disaffirmed by the director or the director's designee. In the event matters are resolved in the registrant's favor, the director or the director's designee will mail the registrant a notice of withdrawal, notifying the registrant that the assessment or cancellation is withdrawn, and stating the basis for that action. In the event matters are not resolved in the registrant's favor, the director or the director's designee will issue a ruling reaffirming the department's assessment of additional registration fees or cancellation of apportioned plates and privileges. The registrant has the right to appeal in accordance with clause (iii) of this subparagraph.
          3. (iii) Appeal. If a conference held in accordance with clause (ii) of this subparagraph fails to resolve matters in the registrant's favor, the registrant may request an administrative hearing. The request must be in writing and must be received by the director no later than the 20th day following the date of the ruling issued under clause (ii) of this subparagraph. If requested within the designated period, the hearing will be initiated by the department and will be conducted in accordance with Chapter 206, Subchapter D of this title (relating to Procedures in Contested Cases). Assessment or cancellation is abated unless and until affirmed or disaffirmed by order of the Board of Motor Vehicles.

      11. (K) Reinstatement.

          1. (i) The director or the director's designee will reinstate apportioned registration to a previously canceled registrant if all applicable fees and assessments due on the previously canceled apportioned account have been paid and the applicant provides proof of an acceptable recordkeeping system for a period of no less than 60 days.
          2. (ii) The application for the following registration year will be processed in accordance with the provisions of the IRP.

      12. (L) Denial of apportioned registration for safety reasons. The department will comply with the requirements of the Performance and Registration Information Systems Management program (PRISM) administered by the Federal Motor Carrier Safety Administration (FMCSA).

          1. (i) Denial or suspension of apportioned registration. Upon notification from the FMCSA that a carrier has been placed out of service for safety violations, the department will:

             1. (I) deny initial issuance of apportioned registration;
             2. (II) deny authorization for a temporary cab card, as provided for in subparagraph (M) of this paragraph;
             3. (III) deny renewal of apportioned registration; or
             4. (IV) suspend current apportioned registration.
          2. (ii) Issuance after denial of registration or reinstatement of suspended registration. The director or the director's designee will reinstate or accept an initial or renewal application for apportioned registration from a registrant who was suspended or denied registration under clause (i) of this subparagraph upon presentation of a Certificate of Compliance from FMCSA, in addition to all other required documentation and payment of fees.

      13. (M) Temporary cab card.

          1. (i) Application. The department may authorize issuance of a temporary cab card to a motor carrier with an established Texas apportioned account for a vehicle upon proper submission of all required documentation, a completed application, and all fees for either:

             1. (I) Texas Certificate of Title as prescribed by Transportation Code, Chapter 501 and §217.3 of this chapter (relating to Motor Vehicle Certificates of Title); or
             2. (II) Registration Purposes Only as provided for in Transportation Code, §501.029 and §217.22(b)(4) of this subchapter (relating to Motor Vehicle Registration).
          2. (ii) Title application. A registrant who is applying for a certificate of title as provided for in subparagraph (L)(i)(I) of this paragraph and is requesting authorization for a temporary cab card, must submit a photocopy of the title application receipt issued by the county tax assessor-collectors office to a Vehicle Titles and Registration Division Regional Office by email, fax, overnight mail, or in person.
          3. (iii) Registration Purposes Only. A registrant who is applying for Registration Purposes Only under clause (i)(II) of this subparagraph and is requesting authorization for a temporary cab card, must submit an application and all additional original documents or copies of original documents required by the director to a Vehicle Titles and Registration Division Regional Office by email, fax, or overnight mail or in person.
          4. (iv) Department approval. On department approval of the submitted documents, the department will send notice to the registrant to finalize the transaction and make payment of applicable registration fees.

          5. (v) Finalization and payment of fees. To finalize the transaction and print the temporary cab card, the registrant may compute the registration fees through the department's apportioned registration software application, TxIRP system, and

             1. (I) make payment of the applicable registration fees in the form of a check, cashier's check, money order, or electronic funds transfer through an automated clearinghouse (ACH) payable to the department in United States funds; and
             2. (II) afterwards, mail or deliver payment of the certificate of title application fee in the form of a check, certified cashier's check, or money order payable to the county tax assessor collector in the registrant's county of residency and originals of all copied documents previously submitted.
          6. (vi) Deadline. The original documents and payment must be received by the Vehicle Titles and Registration Division Regional Office within 72-hours after the time that the office notified the registrant of the approval to print a temporary cab card as provided in clause (iv) of this subparagraph.
          7. (vii) Failure to meet deadline. If the registrant fails to submit the original documents and required payment within the time prescribed by clause (vi) of this subparagraph, the registrant's privilege to use this expedited process to obtain a temporary cab card will be denied by the department for a period of six months from the date of approval to print the temporary cab card.

Source Note:The provisions of this §217.44 adopted to be effective March 4, 2010, 35 TexReg 1761.