CHAPTER 648. FOREIGN COMMERCIAL MOTOR TRANSPORTATION - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE F. COMMERCIAL MOTOR VEHICLES

CHAPTER 648. FOREIGN COMMERCIAL MOTOR TRANSPORTATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 648.001. DEFINITIONS. In this chapter:

(1) "Border" means the border between this state and the United

Mexican States.

(2) "Border commercial zone" means a commercial zone established

under 49 C.F.R. Part 372, Subpart B, any portion of which is

contiguous to the border in this state.

(3) "Commercial motor vehicle" includes a foreign commercial

motor vehicle.

(4) "Foreign commercial motor vehicle" means a commercial motor

vehicle, as defined by 49 C.F.R. Section 390.5, that is owned by

a person or entity that is domiciled in or a citizen of a country

other than the United States.

(5) "Motor carrier" includes a foreign motor carrier and a

foreign motor private carrier, as defined in 49 U.S.C. Sections

13102(6) and (7).

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

39, Sec. 1, eff. September 1, 2009.

Sec. 648.002. RULES. In addition to rules required by this

chapter, the Texas Department of Motor Vehicles, the Department

of Public Safety, and the Texas Department of Insurance may adopt

other rules to carry out this chapter.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2O.01, eff. September 1, 2009.

Sec. 648.003. REFERENCE TO FEDERAL STATUTE OR REGULATION. A

reference in this chapter to a federal statute or regulation

includes any subsequent amendment or redesignation of the statute

or regulation.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

SUBCHAPTER B. BORDER COMMERCIAL ZONE

Sec. 648.051. BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES. (a)

A law or agreement of less than statewide application that is

adopted by an agency or political subdivision of this state and

that regulates motor carriers or commercial motor vehicles or the

operation of those carriers or vehicles in the transportation of

cargo across the border or within an area adjacent to the border

by foreign commercial motor vehicles has no effect unless the law

or agreement applies uniformly to an entire border commercial

zone and only in a border commercial zone.

(b) This subchapter supersedes that portion of any paired city,

paired state, or similar understanding governing foreign

commercial motor vehicles or motor carriers entered into under

Section 502.054 or any other law.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

Sec. 648.052. MODIFICATION OF ZONE BOUNDARIES. The boundaries

of a border commercial zone may be modified or established only

as provided by federal law.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

SUBCHAPTER C. REGULATION OF OPERATION OF FOREIGN COMMERCIAL MOTOR

VEHICLES

Sec. 648.101. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.

(a) A foreign commercial motor vehicle is exempt from Chapter

502 and any other law of this state requiring the vehicle to be

registered in this state, including a law providing for a

temporary registration permit, if:

(1) the vehicle is engaged solely in transportation of cargo

across the border into or from a border commercial zone;

(2) for each load of cargo transported the vehicle remains in

this state:

(A) not more than 24 hours; or

(B) not more than 48 hours, if:

(i) the vehicle is unable to leave this state within 24 hours

because of circumstances beyond the control of the motor carrier

operating the vehicle; and

(ii) all financial responsibility requirements applying to the

vehicle are satisfied;

(3) the vehicle is registered and licensed as required by the

country in which the person that owns the vehicle is domiciled or

is a citizen as evidenced by a valid metal license plate attached

to the front or rear of the exterior of the vehicle; and

(4) the country in which the person that owns the vehicle is

domiciled or is a citizen provides a reciprocal exemption for

commercial motor vehicles owned by residents of this state.

(b) A foreign commercial motor vehicle operating under the

exemption provided by this section and the vehicle's driver may

be considered unregistered if the vehicle is operated in this

state outside a border commercial zone or in violation of United

States law.

(c) A valid reciprocity agreement between this state and another

state of the United States or a Canadian province that exempts

currently registered vehicles owned by nonresidents is effective

in a border commercial zone.

(d) A foreign commercial motor vehicle that engages primarily in

transportation of cargo across the border into or from a border

commercial zone must be:

(1) registered in this state; or

(2) operated under the exemption provided by this section.

(e) A vehicle located in a border commercial zone must display a

valid Texas registration if the vehicle is owned by a person who:

(1) owns a leasing facility or a leasing terminal located in

this state; and

(2) leases the vehicle to a foreign motor carrier.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

72, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

39, Sec. 2, eff. September 1, 2009.

Sec. 648.102. FINANCIAL RESPONSIBILITY. (a) The Texas

Department of Transportation shall adopt rules that conform with

49 C.F.R. Part 387 requiring motor carriers operating foreign

commercial motor vehicles in this state to maintain financial

responsibility.

(b) This chapter prevails over any other requirement of state

law relating to financial responsibility for operation of foreign

commercial motor vehicles in this state.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.

Sec. 648.103. DOMESTIC TRANSPORTATION. A foreign motor carrier

or foreign motor private carrier may not transport persons or

cargo in intrastate commerce in this state unless the carrier is

authorized to conduct operations in interstate and foreign

commerce domestically between points in the United States under

federal law or international agreement.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 17.35(a), eff. Sept.

1, 1999.