1. (a) Grounds for action. The department may suspend, revoke, or deny a certificate of registration of a motor carrier or leasing business if the motor carrier or leasing business:

   1. (1) fails to maintain insurance or proof of financial responsibility as required by §218.16 of this chapter (relating to Insurance Requirements);
   2. (2) fails to keep proof of insurance in the cab of each vehicle as required by §218.16 of this chapter;
   3. (3) fails to register a vehicle requiring registration under Subchapter B of this chapter (relating to Motor Carrier Registration);
   4. (4) is a for-hire motor carrier of passengers required to register with the Federal Motor Carrier Safety Administration and the federal registration is denied, revoked, suspended, or terminated;
   5. (5) violates any provision of Transportation Code, Chapter 643;
   6. (6) knowingly provides false information on any form filed with the department under this chapter or Transportation Code, Chapter 643; or
   7. (7) violates an order adopted under this chapter or Transportation Code, Chapter 643.

2. (b) Department of Public Safety enforcement recommendations.

   1. (1) The department may suspend or revoke a certificate of registration of a motor carrier upon a written request by the Department of Public Safety, if a motor carrier:

      1. (A) has an unsatisfactory safety rating under 49 C.F.R., Part 385; or
      2. (B) has multiple violations of Transportation Code, Chapter 644, a rule adopted under that chapter, or Transportation Code, Title 7, Subtitle C.
   2. (2) A request under paragraph (1) of this subsection must include documentation showing the violation.

3. (c) Probation.

   1. (1) The department may probate any suspension ordered under this section.

   2. (2) In determining whether to probate a suspension, the department will review:

      1. (A) the seriousness of the violation;
      2. (B) prior violations by the motor carrier;
      3. (C) whether the department has previously probated a suspension for the motor carrier;
      4. (D) cooperation by the motor carrier in the investigation and enforcement proceeding; and
      5. (E) the ability of the motor carrier to correct the violations.
   3. (3) The department shall set the length of the probation based on the seriousness of the violation and previous violations by the motor carrier.
   4. (4) The department will require that the motor carrier report monthly to the department any information necessary to determine compliance with the terms of the probation.
   5. (5) The department may revoke the probation and order the initial suspension and administrative penalty if the motor carrier fails to abide by any terms of the probation.

Source Note:The provisions of this §218.72 adopted to be effective February 4, 2010, 35 TexReg 663.