Section 218.2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Advertisement--An oral, written, graphic, or pictorial statement or representation made in the course of soliciting intrastate household goods transportation services, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an on-line service, or on television. The term does not include direct communication between a household goods carrier or carrier's representative and a prospective shipper, and does not include the following: (A) promotional items of nominal value such as ball caps, tee shirts, and pens; (C) listings not paid for by the household goods carrier or its household goods carrier's agent; and (D) listings of a household goods carrier's business name or assumed name as it appears on the motor carrier certificate of registration, and the household goods carrier's address, and contact information in a directory or similar publication.(2) Approved association--A group of household goods carriers, its agents, or both, that has an approved collective ratemaking agreement on file with the department under § 218.64 of this title (relating to Rates).(3) Binding proposal--A formal written offer stating the exact price for the transportation of specified household goods and any related services.(4) Board--Board of the Texas Department of Motor Vehicles.(5) Certificate of insurance--A certificate prescribed by and filed with the department in which an insurance carrier or surety company warrants that a motor carrier for whom the certificate is filed has the minimum coverage as required by § 218.16 of this title (relating to Insurance Requirements).(6) Certificate of registration--A certificate issued by the department to a motor carrier and containing a unique number.(7) Certified scale--Any scale designed for weighing motor vehicles, including trailers or semitrailers not attached to a tractor, and certified by an authorized scale inspection and licensing authority. A certified scale may also be a platform-type or warehouse-type scale properly inspected and certified.(8) Commercial motor vehicle-- (A) Includes: (i) any motor vehicle or combination of vehicles with a gross weight, registered weight, or gross weight rating in excess of 26,000 pounds, that is designed or used for the transportation of cargo in furtherance of any commercial enterprise;(ii) any vehicle, including buses, designed or used to transport more than 15 passengers, including the driver; and(iii) any vehicle used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued under the federal Hazardous Materials Transportation Act (49 U.S.C. §§ 5101-5128).(B) Does not include: (i) a farm vehicle with a gross weight, registered weight, and gross weight rating of less than 48,000 pounds;(ii) cotton vehicles registered under Transportation Code, § 504.505;(iii) a vehicle registered with the Railroad Commission under Natural Resources Code, § 113.131 and § 116.072;(iv) a vehicle operated by a governmental entity;(v) a motor vehicle exempt from registration by the Unified Carrier Registration Act of 2005; and(vi) a tow truck, as defined by Occupations Code, § 2308.002 and permitted under Occupations Code, Chapter 2308, Subchapter C.(9) Commercial school bus--A motor vehicle owned by a motor carrier that is: (A) registered under Transportation Code, Chapter 643, Subchapter B;(B) operated exclusively within the boundaries of a municipality and used to transport preprimary, primary, or secondary school students on a route between the students' residences and a public, private, or parochial school or daycare facility;(C) operated by a person who holds a driver's license or commercial driver's license of the appropriate class for the operation of a school bus;(D) complies with Transportation Code, Chapter 548; and(E) complies with Transportation Code, § 521.022.(10) Conspicuous--Written in a size, color, and contrast so as to be readily noticed and understood.(11) Conversion--A change in an entity's organization that is implemented with a Certificate of Conversion issued by the Texas Secretary of State under Business and Organizations Code, § 10.154.(12) Department--Texas Department of Motor Vehicles (TxDMV).(13) Director--The director of the Motor Carrier Division, Texas Department of Motor Vehicles.(14) Division--The Motor Carrier Division.(15) Estimate--An informal oral calculation of the approximate price of transporting household goods.(16) Farmer--A person who operates a farm or is directly involved in cultivating land or in raising crops or livestock that are owned by or are under the direct control of that person.(17) Farm vehicle--Any vehicle or combination of vehicles controlled or operated by a farmer or rancher being used to transport agriculture products, farm machinery, and farm supplies to or from a farm or ranch.(18) FMCSA--Federal Motor Carrier Safety Administration.(19) Foreign commercial motor vehicle--A commercial motor vehicle that is owned by a person or entity that is domiciled in or a citizen of a country other than the United States.(20) Gross weight rating--The maximum loaded weight of any combination of truck, tractor, and trailer equipment as specified by the manufacturer of the equipment. If the manufacturer's rating is unknown, the gross weight rating is the greater of: (A) the actual weight of the equipment and its lading; or(B) the maximum lawful weight of the equipment and its lading.(21) Household goods--Personal property intended ultimately to be used in a dwelling when the transportation of that property is arranged and paid for by the householder or the householder's representative. The term does not include personal property to be used in a dwelling when the property is transported from a manufacturing, retail, or similar company to a dwelling if the transportation is arranged by a manufacturing, retail, or similar company.(22) Household goods agent--A motor carrier who transports household goods on behalf of another motor carrier.(23) Household goods carrier--A motor carrier who transports household goods for compensation or hire in furtherance of a commercial enterprise, regardless of the size of the vehicle.(24) Insurer--A person, including a surety, authorized in this state to write lines of insurance coverage required by Subchapter B of this chapter.(25) Inventory--A list of the items in a household goods shipment and the condition of the items.(26) Leasing business--A person that leases vehicles requiring registration under Subchapter B of this chapter to a motor carrier that must be registered.(27) Mediation--A non-adversarial form of alternative dispute resolution in which an impartial person, the mediator, facilitates communication between two parties to promote reconciliation, settlement, or understanding.(28) Motor Carrier or carrier--A person who controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over a public highway in this state.(29) Motor transportation broker--A person who sells, offers for sale, or negotiates for the transportation of cargo by a motor carrier operated by another person or a person who aids and abets another person in selling, offering for sale, or negotiating for the transportation of cargo by a motor carrier operated by another person.(30) Moving services contract--A contract between a household goods carrier and shipper, such as a bill of lading, receipt, order for service, or work order, that sets out the terms of the services to be provided.(31) Multiple user--An individual or business who has a contract with a household goods carrier and who used the carrier's services more than 50 times within the preceding 12 months.(32) Not-to-exceed proposal--A formal written offer stating the maximum price a shipper can be required to pay for the transportation of specified household goods and any related services. The offer may also state the non-binding approximate price. Any offer based on hourly rates must state the maximum number of hours required for the transportation and related services unless there is an acknowledgment from the shipper that the number of hours is not necessary.(33) Principal place of business--A single location that serves as a motor carrier's headquarters and where it maintains its operational records or can make them available.(34) Print advertisement--A written, graphic, or pictorial statement or representation made in the course of soliciting intrastate household goods transportation services, including, without limitation, a statement or representation made in or contained in a newspaper, magazine, circular, or other publication. The term does not include direct communication between a household goods carrier or carrier's representative and a prospective shipper, and does not include the following: (A) promotional items of nominal value such as ball caps, tee shirts, and pens; (D) listings not paid for by the household goods carrier or its household goods carrier's agent; and (E) listings of a household goods carrier's business name or assumed name as it appears on the motor carrier certificate of registration, and the household goods carrier's address, and contact information in a directory or similar publication.(35) Public highway--Any publicly owned and maintained street, road, or highway in this state.(36) Reasonable dispatch--The performance of transportation, other than transportation provided under guaranteed service dates, during the period of time agreed on by the carrier and the shipper and shown on the shipment documentation. This definition does not affect the availability to the carrier of the defense of force majeure.(37) Replacement vehicle--A vehicle that takes the place of another vehicle that has been removed from service.(38) Revocation--The withdrawal of registration and privileges by the department or a registration state.(39) Shipper--The owner of household goods or the owner's representative.(40) Short-term lease--A lease of 30 days or less.(41) SOAH--The State Office of Administrative Hearings.(42) Substitute vehicle--A vehicle that is leased from a leasing business and that is used as a temporary replacement for a vehicle that has been taken out of service for maintenance, repair, or any other reason causing the temporary unavailability of the permanent vehicle.(43) Suspension--Temporary removal of privileges granted to a registrant by the department or a registration state.(44) Unified Carrier Registration System or UCR--A motor vehicle registration system established under 49 U.S.C. § 14504a or a successor federal registration program.(45) USDOT--United States Department of Transportation.(46) USDOT number--An identification number issued by or under the authority of the FMCSA or its successor.43 Tex. Admin. Code § 218.2
The provisions of this §218.2 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective August 4, 2011, 36 TexReg 4813; 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