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A Texas Motor Carrier's Guide to Highway Safety

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A Texas Motor Carrier's Guide to Highway Safety A Texas Motor Carrier’s Guide to Highway Safety Texas Department of Public Safety MCS-9 (Rev. 8/13) PART 1 – INTRODUCTION Purpose The Texas Department of Public Safety produces this pamphlet to provide basic compliance guidance to support the Federal Motor Carrier Safety Regulations (FMCSR). Our goal is to secure safe transportation of passengers and cargo on the nation’s highways, through the coordinated effort of Federal and State agencies along with voluntary safety compliance by Texas motor carriers and related trade associations to: ‰ Reduce commercial vehicle accidents; ‰ Reduce fatalities, injuries, and property losses involving commercial motor vehicles; and ‰ Reduce the occurrence of hazardous materials transportation incidents. Safety compliance translates into saved lives, decreased injuries, and reduction of property loss. About the Contents The majority of the sections in this pamphlet highlight information from specific parts of the FMCSRs. You may reproduce and distribute any or all of the material contained in this booklet. You may also obtain fur- ther information from the Federal Motor Carrier Safety Administration’s (FMCSA) website at www.fmcsa.dot.gov and the Texas Administrative Rules at www.sos.state.tx.us (Title 37, Part 1, Chapter 4, Subchapter B). Disclaimer Although we made every effort to assure the completeness and accuracy of the information in this booklet, it is not intended to take the place of published agency regulations. This booklet paraphrases the FMCSR published in Title 49 of the U.S. Code of Federal Regulations. Do not use the contents as a substitute for the official text. The regulations issued by the U.S. Department of Transportation (USDOT) and its operat- ing administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regu- lations. Likewise, Texas Motor Carrier Safety Regulations are published under 37 TEX. ADMIN. CODE, Chapter 4, and are subject to changes as may be published from time to time in the Texas Register. Motor carriers, drivers, and shippers are responsible for understanding and complying with the Federal Motor Carrier Safety Regulations (FMCSRs) and Texas regulations. Captain Omar Villarreal Manager, Motor Carrier Bureau A Texas Motor Carrier’s Guide to Highway Safety i NOTES TABLE OF CONTENTS SECTION 1 – INTRODUCTION . i Purpose . i About the Contents . i Disclaimer . i TABLE OF CONTENTS . iii Abbreviations used throughout this Guide . vi TEXAS DPS ADMINISTRATIVE RULES . vii Rule 4.1 Transportation of Hazardous Materials . vii Rule 4.11 General Applicability and Definitions . viii Rule 4.12 Exemptions and Exceptions . xi DPS OFFICE DIRECTORY . xv HOW TO OBTAIN MANUALS AND FORMS . xviii IMPORTANT WEBSITES . xviii PART 380 – SPECIAL TRAINING REQUIREMENTS . 1 Sample Entry Level Driver Training Certificate . 2 PART 382 – CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING . 1 Applicability (382.103) . 1 Types Of Alcohol And Controlled Substance Tests (Sections 382.301-382.311) . 1 Table for Required Post-Accident Testing (382.303(c)) . 1 Retention of Records (382.401) . 2 Access to Records (382.405) . 3 Inquiries To Previous Employers (382.413 and 40.25) . 3 Employer Obligation To Promulgate a Policy (382.601) . 3 Supervisor Training (382.603) . 4 Reports of Valid Positive Results on Alcohol and Drug Tests (37 TAC 4.21) . 4 MCS-19 (Rev 09/10) Report of Valid Positive Result on Alcohol Test . 6 MCS-20 (Rev 09/10) Report of Valid Positive Result on Controlled Substances Test . 8 MCS-21 (Rev 09/10) Release of CDL Holder’s Reported Positive Alcohol or Controlled Substance Test Results . .10 PART 383 – COMMERCIAL DRIVER LICENSE . 1 Classes of Commercial Driver License (TEX. TRANSP. CODE §522.041) . 1 Endorsements (383.93) . 1 Age Requirements . 2 Persons Exempted from Texas CDL Requirements (TRC 522.004) . 2 Texas CDL Restrictions (37 TAC 16.11) . 2 Texas Vision and Limb Waivers (37 TAC 16.9 and 16.14) . 2 Air Brake Restrictions (383.95 & 37 TAC 16.11(b)) . 2 Notification to Employer and Licensing State (Part 383.31) . 3 Disqualifying Offenses (Part 383.51) . 3 Disqualifying Offenses Table . 4 Commercial Driver License Medical Certification Requirement (37 TAC 16.41) . 6 CDL-7 . 7 CDL-5 . 9 CDL-10 . 11 CDL-4 . 13 A Texas Motor Carrier’s Guide to Highway Safety iii PART 385 – SAFETY FITNESS STANDARDS . 1 Safety Fitness Determinations (385.3) . 1 Interstate Timelines (385.11) . 1 Intrastate Timelines (37 TAC 4.15(a)(4)(D)) . 1 Compliance Review (385.3) . 2 Safety Fitness Standard (385.5) . 2 Final Unsatisfactory Safety Ratings/Order to Cease Transportation (385.13) . 2 Request for a Departmental Review of a Safety Rating; Facts and Procedure (385.15) . 3 Request for a Change in a Safety Rating; Corrective Action Taken (385.17) . 3 New Entrant Background Information (Part 385, Subpart D, Sections 385.301 to 337) . 3 PART 387 – FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS . 1 Requirement for Financial Responsibility . 1 Who Should Register? . ..
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