Section 218.13 - Application for Motor Carrier Registration(a) Form of application. An application for motor carrier registration must be filed with the department's Motor Carrier Division and must be in the form prescribed by the director and must contain, at a minimum, the following information. (1) USDOT number. A valid USDOT number.(2) Business or trade name. The applicant must designate the business or trade name of the motor carrier.(3) Owner name. If the motor carrier is a sole proprietorship, the owner must indicate the name and social security number of the owner. A partnership must indicate the partners' names, and a corporation or other entity must indicate principal officers and titles.(4) Physical address of principal place of business. A motor carrier must disclose the motor carrier's principal business address. If the mailing address is different from the principal business address, the mailing address must also be disclosed.(5) Legal agent. (A) A Texas-domiciled motor carrier must provide the name, telephone number, and address of a legal agent for service of process if the agent is different from the motor carrier.(B) A motor carrier domiciled outside Texas must provide the name, telephone number, and Texas address of the legal agent for service of process.(C) A legal agent for service of process shall be a Texas resident, a domestic corporation, or a foreign corporation authorized to transact business in Texas with a Texas physical address, rather than a post office box, for service of process.(6) Description of vehicles. An application must include a motor carrier equipment report identifying each commercial motor vehicle that requires registration and that the carrier proposes to operate. Each commercial motor vehicle must be identified by its motor vehicle identification number, make, model year, and type of cargo and by the unit number assigned to the commercial motor vehicle by the motor carrier. Any subsequent registration of vehicles must be made under subsection (e) of this section.(7) Type of motor carrier operations. An applicant must state if the applicant: (A) proposes to transport passengers, household goods, or hazardous materials; or(B) is domiciled in a foreign country.(8) Insurance coverage. An applicant must indicate insurance coverage as required by § 218.16 of this title (relating to Insurance Requirements).(9) Safety certification. Each motor carrier must complete, as part of the application, a certification stating that the motor carrier knows and will conduct operations in accordance with all federal and state safety regulations.(10) Drug-testing certification. Each motor carrier must certify, as part of the application, that the motor carrier is in compliance with the drug-testing requirements of 49 C.F.R. Part 382. If the motor carrier belongs to a consortium, as defined by 49 C.F.R. Part 382, the applicant must provide the names of the persons operating the consortium.(11) Duration of registration. (A) An applicant must indicate the duration of the desired registration. Except as provided otherwise in this section, registration may be for seven calendar days, 90 calendar days, one year, or two years. The duration of registration chosen by the applicant will be applied to all vehicles.(i) Household goods carriers may not obtain seven-day or 90-day certificates of registration.(ii) Motor carriers that transport passengers in a commercial motor vehicle as defined by § 218.2(8)(A)(ii) of this title (relating to Definitions) may not obtain seven-day or 90-day certificates of registration, unless approved by the director.(B) Interstate motor carriers that operate in intrastate commerce and meet the requirements under § 218.14(c) of this title (relating to Expiration and Renewal of Commercial Motor Vehicles Registration) are not required to renew a certificate of registration issued under this section.(12) Additional requirements. The following fees, documents, and information must be submitted with all applications.(A) An application must be accompanied by an application fee of: (i) $100 for annual and biennial registrations;(ii) $25 for 90-day registrations; or(iii) $5 for seven-day registrations.(B) An application must be accompanied by a vehicle registration fee of:(i) $10 for each vehicle that the motor carrier proposes to operate under a seven-day, 90-day, or annual registration; or(ii) $20 for each vehicle that the motor carrier proposes to operate under a biennial registration.(C) An application must be accompanied by proof of insurance or financial responsibility and insurance filing fee as required by §218.16.(D) An application must include the applicant's business telephone number, email address, and any cell phone number.(E) An application must include the completed New Applicant Questionnaire.(F) An application submitted by an individual must include the number from one of the following forms of identification, as well as a copy of the identification document: (i) an unexpired driver's license issued by a state or territory of the United States. If the driver's license was issued by the Department of Public Safety, the application must also include the audit number listed on the driver's license;(ii) an unexpired identification certificate issued by a state or territory of the United States; or(iii) an unexpired concealed handgun license or license to carry a handgun issued by the Department of Public Safety under Government Code, Chapter 411, Subchapter H.(G) An application submitted by an individual or entity with an assumed name must be accompanied by supporting documents regarding the assumed name, such as an assumed name filing in the county of proposed operation.(H) An application submitted by an entity, such as a corporation, general partnership, limited liability company, limited liability corporation, limited partnership, or partnership, must include the entity's Texas Comptroller's Taxpayer Number or the entity's Federal Employer Identification Number.(I) An application must be accompanied by any other information required by law.(13) Additional requirements for household goods carriers. The following information, documents, and certification must be submitted with all applications by household goods carriers: (A) A copy of the tariff that sets out the maximum charges for transportation of household goods, or a copy of the tariff governing interstate transportation services. If an applicant is governed by a tariff that its association has already filed with the department under § 218.65 of this title (relating to Tariff Registration), the applicant complies with the requirement in this subparagraph by checking the applicable box on the application to identify the association's tariff.(B) If the motor vehicle is not titled in the name of the household goods carrier, the following lease information and documentation, notwithstanding § 218.18(a) of this title (relating to Short-term Lease and Substitute Vehicles): (i) a copy of a valid lease agreement for each motor vehicle that the household goods carrier will operate; and(ii) the name of the lessor and their USDOT number for each motor vehicle leased to the household goods carrier under a short-term lease.(C) A certification that the household goods carrier has procedures that comply with Code of Criminal Procedure, Article 62.063(b)(3), which prohibits certain people who are required to register as a sex offender from providing moving services in the residence of another person without supervision.(14) Additional requirements for passenger carriers. The following information and documents must be submitted with all applications for motor carriers that transport passengers in a commercial motor vehicle as defined by § 218.2(8)(A)(ii) of this title: (A) If the commercial motor vehicle is titled in the name of the motor carrier, a copy of the International Registration Plan registration receipt or a copy of the front and back of the title for each commercial motor vehicle; or(B) If the commercial motor vehicle is not titled in the name of the motor carrier, the following lease information and documentation, notwithstanding § 218.18(a) of this title:(i) A copy of a valid lease agreement for each commercial motor vehicle; and(ii) The name of the lessor and their USDOT number for each commercial motor vehicles leased to the motor carrier under a short-term lease.(b) Conditional acceptance of application. If an application has been conditionally accepted by the director pursuant to Transportation Code, § 643.055, the applicant may not operate the following until the department has issued a certificate under Transportation Code, § 643.054: (1) a commercial motor vehicle or any other motor vehicle to transport household goods for compensation, or(2) a commercial motor vehicle to transport persons or cargo.(c) Approved application. An applicant meeting the requirements of this section and whose registration is approved will be issued the following documents: (1) Certificate of registration. The department will issue a certificate of registration. The certificate of registration will contain the name and address of the motor carrier and a single registration number, regardless of the number of vehicles requiring registration that the carrier operates.(2) Insurance cab card. The department will issue an insurance cab card listing all vehicles to be operated under the carrier's certificate of registration. The insurance cab card shall be continuously maintained at the registrant's principal place of business. The insurance cab card will be valid for the same period as the motor carrier's certificate of registration and will contain information regarding each vehicle registered by the motor carrier.(A) A current copy of the page of the insurance cab card on which the vehicle is shown shall be maintained in each vehicle listed, unless the motor carrier chooses to maintain a legible and accurate image of the insurance cab card on a wireless communication device in the vehicle or chooses to display such information on a wireless communication device by accessing the department's online system from the vehicle. The appropriate information concerning that vehicle shall be highlighted if the motor carrier chooses to maintain a hard copy of the insurance cab card or chooses to display an image of the insurance cab card on a wireless communication device in the vehicle. The insurance cab card or the display of such information on a wireless communications device will serve as proof of insurance as long as the motor carrier has continuous insurance or financial responsibility on file with the department.(B) On demand by a department investigator or any other authorized government personnel, the driver shall present the highlighted page of the insurance cab card that is maintained in the vehicle or that is displayed on a wireless communication device in the vehicle. If the motor carrier chooses to display the information on a wireless communication device by accessing the department's online system, the driver must locate the vehicle in the department's online system upon request by the department-certified inspector or other authorized government personnel.(C) The motor carrier shall notify the department in writing if it discontinues use of a registered commercial motor vehicle before the expiration of its insurance cab card.(D) Any erasure or alteration of an insurance cab card that the department printed out for the motor carrier renders it void.(E) If an insurance cab card is lost, stolen, destroyed, or mutilated; if it becomes illegible; or if it otherwise needs to be replaced, the department will print out a new insurance cab card at the request of the motor carrier. Motor carriers are authorized to print out a copy of a new insurance cab card using the department's online system.(F) The department is not responsible for a motor carrier's inability to access the insurance information using the department's online system.(G) The display of an image of the insurance cab card or the display of insurance information from the department's online system via a wireless communication device by the motor carrier does not constitute effective consent for a law enforcement officer, the department investigator, or any other person to access any other content of the wireless communication device.(d) Additional and replacement vehicles. A motor carrier required to obtain a certificate of registration under this section shall not operate additional vehicles unless the carrier identifies the vehicles on a form prescribed by the director and pays applicable fees as described in this subsection.(1) Additional vehicles. To add a vehicle, a motor carrier must pay a fee of $10 for each additional vehicle that the motor carrier proposes to operate under a seven-day, 90-day, or annual registration. To add a vehicle during the first year of a biennial registration, a motor carrier must pay a fee of $20 for each vehicle. To add a vehicle during the second year of a biennial registration, a motor carrier must pay a fee of $10 for each vehicle.(2) Replacement vehicles. No fee is required for a vehicle that is replacing a vehicle for which the fee was previously paid. Before the replacement vehicle is put into operation, the motor carrier shall notify the department, identify the vehicle being taken out of service, and identify the replacement vehicle on a form prescribed by the department. A motor carrier registered under seven-day registration may not replace vehicles.(e) Supplement to original application. A motor carrier required to register under this section shall submit a supplemental application under the following circumstances. (1) Change of cargo. A registered motor carrier may not begin transporting household goods or hazardous materials unless the carrier submits a supplemental application to the department and shows the department evidence of insurance or financial responsibility in the amounts specified by §218.16.(2) Change of name. A motor carrier that changes its name shall file a supplemental application for registration no later than the effective date of the change. The motor carrier shall include evidence of insurance or financial responsibility in the new name and in the amounts specified by §218.16. A motor carrier that is a corporation must have its name change approved by the Texas Secretary of State before filing a supplemental application. A motor carrier incorporated outside the state of Texas must complete the name change under the law of its state of incorporation before filing a supplemental application.(3) Change of address or legal agent for service of process. A motor carrier shall file a supplemental application for any change of address or any change of its legal agent for service of process no later than the effective date of the change. The address most recently filed will be presumed conclusively to be the current address.(4) Change in principal officers and titles. A motor carrier that is a corporation shall file a supplemental application for any change in the principal officers and titles no later than the effective date of the change.(5) Conversion of corporate structure. A motor carrier that has successfully completed a corporate conversion involving a change in the name of the corporation shall file a supplemental application for registration and evidence of insurance or financial responsibility reflecting the new company name. The conversion must be approved by the Office of the Secretary of State before the supplemental application is filed.(6) Change in drug-testing consortium status. A motor carrier that changes consortium status shall file a supplemental application that includes the names of the persons operating the consortium.(7) Retaining a revoked or suspended certificate of registration number. A motor carrier may retain a prior certificate of registration number by: (A) filing a supplemental application to re-register instead of filing an original application; and(B) providing adequate evidence that the carrier has satisfactorily resolved the facts that gave rise to the suspension or revocation.(f) Change of ownership. A motor carrier must file an original application for registration when there is a corporate merger or a change in the ownership of a sole proprietorship or of a partnership.(g) Alternative vehicle registration for household goods agents. To avoid multiple registrations of a commercial motor vehicle, a household goods agent's vehicles may be registered under the motor carrier's certificate of registration under this subsection. (1) The carrier must notify the department on a form approved by the director of its intent to register its agent's vehicles under this subsection.(2) When a carrier registers vehicles under this subsection, the carrier's certificate will include all vehicles registered under its agent's certificates of registration. The carrier must register under its certificate of registration all vehicles operated on its behalf that do not appear on its agent's certificate of registration.(3) The department may send the carrier a copy of any notification sent to the agent concerning circumstances that could lead to denial, suspension, or revocation of the agent's certificate.(h) Substitute vehicles leased from leasing businesses. A registered motor carrier is not required to comply with the provisions of subsection (e) of this section for a substitute vehicle leased from a business registered under § 218.18 of this title (relating to Short-term Lease and Substitute Vehicles). A motor carrier is not required to carry proof of registration as described in subsection (d) of this section if a copy of the lease agreement for the originally leased vehicle is carried in the cab of the temporary replacement vehicle.(i) Once the motor carrier obtains a certificate of registration, the motor carrier must review its principal business address, mailing address, and email address in the department's online system every six months and shall update such information if it is no longer correct.43 Tex. Admin. Code § 218.13
The provisions of this §218.13 adopted to be effective February 4, 2010, 35 TexReg 663; Amended by Texas Register, Volume 40, Number 10, March 6, 2015, TexReg 1106, eff. 3/12/2015; Amended by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 324, eff. 2/1/2017; Amended by Texas Register, Volume 42, Number 25, June 23, 2017, TexReg 3276, eff. 7/2/2017; Amended by Texas Register, Volume 43, Number 27, July 6, 2018, TexReg 4560, eff. 7/15/2018