Texas Tank Truck Carriers Association, Inc.Texas Tank Truck Carriers Association, Inc.
SUMMARY
Currently, the Transportation Code requires certain markings and legible information to be displayed on certain commercial motor vehicles. The law is intended to require tow truck operators to display the motor carrier registration number, and the name and address of the owner or operator of the vehicle. However, the language unintentionally covers all other kinds of commercial motor vehicles. The enforcement of this law was upheld after being called into question. See Appendix A.
HB 632 by Alexander and SB 450 by Armbrister were introduced in the 76th Texas Legislative Session to correct an error created by the 75th Session regarding the identifying markings on commercial motor vehicles.
· It deletes the requirement to show a vehicle owner's address.
· Creates offenses for failure to display information which complies with the specifications of 49 CFR Section 390.21.
· Creates a specific offense for a tow truck operator who fails to show legible contact information.
HISTORY
By way of some history, please refer to our Circular Letter 1240, which indicates what the DPS enforcement policy was from September 1997 through January 5, 1999. Basically, the DPS did not enforce the new identifying markings requirements during that period of time.
Under SB 370 of the 75th Legislative Session, Section 642.002 of the Texas Transportation Code was amended requiring all motor carriers to mark their commercial vehicles with the carriers' name, address, city and state, and motor carrier registration number. The statute was intended only for tow trucks but inadvertently was made to apply to all commercial motor vehicles.
Since the new statute exceeds the marking requirements contained in Title 49 CFR, Part 390.21 for Interstate Motor Carriers by including the address, Senator Armbrister indicated that he would correct the matter in the 76th Session which he has done.
On December 29, 1998, under Letter Opinion 98-127, the Texas Attorney General ruled that the requirements of Chapter 642 were not invalid, even though the Legislature intended the new identifying markings requirement to apply only to tow trucks. In addition, the AG concluded that the DPS did not have the authority to adopt a rule modifying the enforcement of the statute to conform to legislative intent rather than the plain language of the statute.
Therefore, based on Opinion No. 98-127, the DPS began enforcing the identifying markings requirement provisions of Section 642.002 of the Transportation Code by requiring identifying markings on all commercial motor vehicles, as defined by Section 642.001, to include the motor carriers' name, address, city and state, and the motor carrier registration number.
A copy of the Letter Opinion No. 98-127 is attached as Appendix A.
CURRENT STATUS
We have urged Senator Armbrister to make the effective date as soon as possible for correcting the statute under SB 450 (76th). The present proposed effective date for changing the statute is July 1, 1999, and it is on course.
Based on our experience with this type of situation, the DPS will not be in a big hurry to enforce the current statute knowing that it will quickly be amended as of July 1, 1999.
CONCLUSION
Beginning July 1, 1999, the requirements for identifying markings on commercial motor vehicles will comply with 49 CFR Section 390.21, which provides as follows:
The marking must display the following information:
1. The name or trade name of the motor carrier operating the self-propelled commercial motor vehicle.
2. The city or community and state in which the carrier maintains its principal place of business or in which the commercial motor vehicle is customarily based.
3. The motor carrier identification number, if issued by FHWA, preceded by the letters USDOT.
4. If the name of any person other than the operating carrier appears
on the commercial motor vehicle, this information shall be preceded by the
words, "operated by."
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