(a) The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal agency responsible for regulating states' commercial driver license (CDL) programs and providing safety oversight of commercial driver licensing and commercial motor vehicles (CMV). In accordance to the Federal Commercial Motor Vehicle Safety Act, Texas is mandated to follow all federal regulations governing commercial driver licensing. Failure to adhere to or deviating from these regulations can result in the decertification of Texas' CDL program, thereby prohibiting Texas from issuing commercial driver licenses to Texas residents and the withdrawal of federal highway funding in accordance to 49 CFR §§384.401, 384.403 and 384.405.
(b) All rules and regulations adopted in this chapter apply to every person, including employers of such persons, who holds a Texas CDL or operates a commercial motor vehicle (CMV) in this state, regardless if they are operating in interstate, foreign, or intrastate commerce.
  (1) The department incorporates by reference and adopts:
    (A) The Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part 383 including all interpretations thereto, as amended through February 3, 2022. Where there is conflict between 49 CFR Part 383 and Texas Transportation Code, Chapter 522, Texas Transportation Code, Chapter 522 controls with the exception of the definition of CMV.
    (B) 49 CFR §390.5--Definitions.
    (C) 49 CFR §383.3(i)--related to hazardous materials endorsement exemption for certain drivers transporting diesel.
  (2) The CFR permits states discretion to exempt or not exempt certain individuals from CDL standards, requirements, and penalties. The department, utilizing the discretion permitted by the CFR, does not adopt the CFR exemptions detailed in subparagraph (A) - (C) of this paragraph:
    (A) 49 CFR §383.3(d)(3)--related to drivers employed by a local government for the purpose of removing snow and ice from roadways.
    (B) 49 CFR §383.3(e)--related to certain restricted CDL issued in the State of Alaska.
    (C) 49 CFR §383.3(g)--related to restricted CDL for certain drivers in the pyrotechnic industry.
  (3) The Federal Commercial Motor Vehicle Safety Act and the CFR allows states to enact laws and regulations that are stricter than the federal requirements. The department does not adopt the CFR provisions detailed in subparagraph (A) and (B) of this paragraph because Texas has enacted stricter requirements.
    (A) 49 CFR §383.31(a)--related to the requirement that a person must notify the department upon conviction for a motor traffic control violation within 30 days after the date the person has been convicted. Texas Transportation Code, Chapter 522 requires the license holder to report the conviction within 7 days.
    (B) 49 CFR §383.31(b)--related to the requirement that a person must notify his/her employer upon conviction for a motor traffic control violation within 30 days after the date the person has been convicted. Texas Transportation Code, Chapter 522 requires the license holder to report the conviction within 7 days.

Source Note: The provisions of this §16.1 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective September 24, 2018, 43 TexReg 6334; amended to be effective December 29, 2019, 44 TexReg 8025; amended to be effective March 9, 2023, 48 TexReg 1315