Texas Register, Volume 37, Number 6, Pages 553-814, February 10, 2012 Page: 651
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Filed with the Office of the Secretary of State on January 30,
2012.
TRD-201200441
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: March 11, 2012
For further information, please call: (512) 424-5848
CHAPTER 21. EQUIPMENT AND VEHICLE
SAFETY STANDARDS
37 TAC 21.1 - 21.7, 21.9
The Texas Department of Public Safety (the department) pro-
poses amendments to 21.1 and proposes new 21.2 - 21.7
and 21.9, concerning Equipment and Vehicle Safety Standards.
Amendments to 21.1 are filed simultaneously with the repeal
of current 21.2 - 21.4 and 21.7 and proposed new 21.2 -
21.7 and 21.9. The amendments to 21.1 and the simultaneous
repeal of and proposed new 21.2 - 21.7 and 21.9 are neces-
sary to reorganize existing language and improve the clarity of
Chapter 21. The chapter title is also changed from "Equipment
and Vehicle Standards" to "Equipment and Vehicle Safety Stan-
dards" to better describe the contents of Chapter 21.
The amendments to 21.1 are necessary to improve clarity by
renaming the section from "Standards for Vehicle Equipment"
to "Standards for Vehicle Safety" and by moving existing lan-
guage relating to the Standards for Vehicle Performance (origi-
nally 21.1(d) and (e)) to new 21.2, by moving the Standards for
Sunscreening (originally 21.1() to new 21.3, and by moving
the Standards for Safety Guards or Flaps (originally 21.1(g)) to
new 21.4. Additional amendments to 21.1 are necessary to
clarify that the "Standards" and "Terms and/or Definitions" apply
to Chapter 21, rather than only 21.1.
Except for the following revisions, the original language from for-
mer 21.1(d) - (g) is transferred to new 21.2 - 21.4.
Language from 21.1(g)(9) which relates to sunscreening de-
vices and vehicle inspection is moved for clarity, ensuring ref-
erences to sunscreening devices are located in the appropriate
section of the rule to new 21.3, concerning Standards for Sun-
screening.
New 21.4, Standards for Safety Guards or Flaps, incorporates
language added to Texas Transportation Code, 547.606 as
a result of 82nd Legislature, 2011, HB1330, relating to safety
guards or flaps. The statutory changes, effective September 1,
2011, provide that safety guards or flaps also apply to certain
vehicles with at least two super single tires and provides the
definition for a "super single tire."
New language has been added to new 21.4 to provide that
safety guards or flaps may be held in place by structure as well
as by weight, clarifying that a safety guard or flap held in place
by a frame or other device is in compliance with the regulation.
Additional new language to 21.4 clarifies that the 12-inch toler-
ance for safety guards or flaps only applies when the vehicle is
standing still or otherwise not in motion and that safety guards
or flaps, which are designed to be flexible, may swing with the
wind currents created by the motion of a commercial motor ve-
hicle, so long as they continue to perform the function for whichthey were designed, that is, blocking particles thrown backward
by the rear tires.
Collectively, these additions to new 21.4 ensure that laws re-
lated to safety guards or flaps are enforced in a more uniform
manner.
Language from former 21.7, concerning Safety Chains, is
moved to proposed new 21.5, concerning Standards for
Safety Chains. The following revision has been made to the
original text. The effective date referenced in the proposed new
21.7(b)(3) is clearly stated and language clarifying that safety
chains are not required to be crossed, but in all cases must be
connected in a manner to ensure the tow-bar does not drop to
the ground if it fails or become disconnected from the towing
vehicle has been added.
Language from previously existing 21.2 is transferred to pro-
posed new 21.6, concerning Motorcycle Operator and Passen-
gers Protective Headgear Minimum Safety Standards and Ex-
emption for Motorcycle Protective Headgear. The original lan-
guage is modified to remove the specific requirement of $10,000
of medical benefits and clarify that the amount of benefits re-
quired by Texas Transportation Code, 661.003 will be deter-
mined by the Texas Department of Insurance. The original lan-
guage from former 21.2(f) - (i) is deleted and is not included in
the new 21.6.
Language from 21.3 is transferred to new proposed 21.7, con-
cerning Certification of Certain Vehicles. No changes were made
to the original text. Language from 21.4 is transferred to new
proposed 21.9, concerning Slow-Moving Vehicle Emblem Stan-
dards. Again, no changes were made to the original text.
Denise Hudson, Assistant Director, Finance, has determined
that for each year of the first five-year period the rules are
in effect there will be no fiscal implications for state or local
government, or local economies.
Ms. Hudson has also determined that there will be no adverse
economic effect on small businesses or micro-businesses re-
quired to comply with the rules as proposed. There is no antic-
ipated economic cost to individuals who are required to comply
with the rules as proposed. There is no anticipated negative im-
pact on local employment.
In addition, Ms. Hudson has also determined that for each year
of the first five-year period the rules are in effect, the public ben-
efit anticipated as a result of enforcing the rules will be to ensure
to the public greater compliance by motor carriers with all of the
statutes and regulations pertaining to the safe operation of com-
mercial vehicles in this state.
The department has determined that this proposal is not a "ma-
jor environmental rule" as defined by Texas Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment or
reduce risk to human health from environmental exposure and
that may adversely affect, in a material way, the economy, a sec-
tor of the economy, productivity, competition, jobs, the environ-
ment or the public health and safety of a state or a sector of the
state. This proposal is not specifically intended to protect the en-
vironment or reduce risks to human health from environmental
exposure.
The department has determined that Chapter 2007 of the Texas
Government Code does not apply to these rules. Accordingly,
the department is not required to complete a takings impact as-
sessment regarding this proposal.PROPOSED RULES February 10, 2012 37 TexReg 651
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Texas. Secretary of State. Texas Register, Volume 37, Number 6, Pages 553-814, February 10, 2012, periodical, February 10, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215970/m1/99/?q=%222012~%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.