Motor Carriers

  Suspension of Motor Carrier Vehicle Size and Weight Requirements under Disaster Declaration Regarding Tropical Storm Nicholas

In accordance with the disaster declaration issued by Governor Greg Abbott on September 13, 2021, and as amended, the following vehicle size and weight requirements are suspended, effective September 14, 2021, for operators of commercial vehicles to travel in and through the state of Texas to provide disaster assistance in Texas, subject to the restrictions listed in this notice:

• the oversize and overweight permitting requirements under Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code, for all divisible and non-divisible vehicles and loads.

Examples of disaster assistance include, but are not limited to, vehicles engaged in the transport of relief workers, food, water, clothing, equipment, medical supplies, materials, fuel, shelter, and other supplies to the disaster areas, as well as vehicles used to restore utilities and to remove debris from the disaster areas listed in the disaster declaration. The suspensions do not apply to any requirement not specifically listed in this notice, including safety and insurance requirements. Also, operators are responsible and liable for safely routing their vehicles and obtaining current information concerning hazardous road conditions prior to movement.

The operator of the commercial vehicle must keep the following documentation in the cab of the vehicle and provide the documentation to any Texas peace officer upon request:

1. a copy of this notice; and
2. a copy of the Governor’s disaster declaration, including any amendments.

The following conditions and exceptions apply to the suspension regarding size and weight permitting requirements:

1. The suspension only applies to vehicles and loads for which the Texas Department of Motor Vehicles is authorized by Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code, to issue a permit.
2. The vehicle and any load may only exceed legal weight if the vehicle and any load would be eligible to obtain an overweight permit under Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code. The vehicle and any load must comply with the weight limits and restrictions under Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code.
3. The vehicle and any load may only exceed legal width, height, and length if the vehicle and any load would be eligible to obtain an oversize permit for the width, height, or length, as applicable, under Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code. The vehicle and any load must comply with the width, height, and length requirements and restrictions under Transportation Code, Chapters 621 through 623, as well as Title 43, Chapter 219 of the Texas Administrative Code.
4. All permitting requirements are suspended, except vehicle escort requirements and restrictions on nighttime movement.
5. Operators are responsible for obtaining current restrictions (excluding curfews) prior to movement.
6. Vehicles may not travel across load-posted bridges when exceeding the posted capacity for gross or axle weights, unless the bridge provides the only public access.
7. Operators moving vehicles and/or loads that are over legal dimension(s) without a permit may use the free Bid Route feature in the Texas Permitting and Routing Optimization System (TxPROS) to obtain a route: https://TxPROS.TxDMV.gov/.
8. Suspension of permitting requirements does not imply that a road, highway, or bridge can safely accommodate the movement of an oversize or overweight vehicle and load.
9. This suspension notice serves as a permit under Transportation Code, Chapters 621 through 623; 23 U.S.C 127(a)(2), 49 U.S.C. 31112(b), and 49 U.S.C. 31113(c).

These suspensions remain in effect until terminated by the Office of the Governor or until the disaster declaration referenced above expires.

  Hurricane Ida Federal Disaster Relief Permit for the Transport of Relief Supplies

A Federal Disaster Relief Permit is available in the Texas Permitting and Routing Optimization System (TxPROS) for the transport of divisible commodities consisting of emergency relief supplies related to Hurricane Ida. This $0 cost Permit is only available during national emergencies or major disasters declared by the President of the United States. A copy of the President’s declaration must be carried with the permit. The Presidential Declaration is posted here: https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/29/president-joseph-r-biden-jr-approves-louisiana-disaster-declaration-3/

  TxPROS and FMCSA Out-of-Service Orders

In 2019, the Texas Legislature passed House Bill 2620 which allows the TxDMV to deny a permit to an applicant that has been placed out-of-service by the Federal Motor Carrier Safety Administration (FMCSA) or that the Texas Department of Public Safety has determined has an unsatisfactory safety rating under federal or state rules and regulations.

Effective Tuesday, August 24, TxPROS will begin evaluating each permit application at the beginning of the application process to determine if any of the above apply to the permit applicant. If you are required to have a USDOT Number, you will be required to provide this at the start of the permit application process. (If your USDOT Number is listed in your company information in TxPROS, the field will be auto filled for you.) Your number will be checked against the FMCSA system, MCMIS, if nothing is found you will be able to proceed with the application process. If the check determines your company is the subject of one of the above (paragraph 1), you will receive a message informing you that your company is the subject of an out-of-service order including information on who to contact to resolve it.

The company name on your permit will now match the company name as it is listed in MCMIS on your MCS-150 with FMCSA for your USDOT Number. If FMCSA does not have the correct name, you will need to login to their system or contact them to correct it prior to issuing your permit.

To view you company’s current USDOT Number information and status, visit: https://safer.fmcsa.dot.gov/CompanySnapshot.aspx.

To update your USDOT Number info, visit: https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option