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Texas has adopted Part 395 of the Federal Regulations with a few exceptions for intrastate drivers.
Part 395 applies to a vehicle or combination of vehicles with an actual gross weight or a gross weight rating in excess of 26,000 pounds when operating intrastate, and a vehicle of any size hauling hazardous materials requiring placarding.
Exception — Under the Department of Public Safety adoption, a driver will be allowed to drive 12 hours after having 8 consecutive hours off. Drivers may not drive after having been on duty 15 hours, following 8 consecutive hours off duty. Drivers will not be permitted to drive after being on duty 70 hours in 7 consecutive days. A driver may restart a 7 consecutive day period after taking 34 or more consecutive hours off duty.
Exception — The maintenance of a driver’s record of duty status is not required if the vehicle is operated within a 150 air-mile radius of the driver’s normal work reporting location if the driver returns to the normal work reporting location and is released from work within 14 consecutive hours and has at least 8 consecutive hours off duty separating each 14 hours on duty.
The motor carrier that employs the driver must maintain for a period of 6 months true and accurate time and business records which include the following information:
Exception — The hours-of-service regulations are not applicable to utility service vehicles that operate in interstate or intrastate commerce in Texas. Utility service vehicles are those vehicles operated by public utilities as defined in the Public Utility Regulatory Act, the Gas Utility Regulatory Act, the Texas Water Code, Sec. 395.2 of the Federal Motor Carrier Safety Regulations, or other applicable regulations, and charged with the responsibility for maintaining essential services to the public to protect health and safety.
Exception — The Part 395 requirements shall not apply to drivers transporting agricultural commodities in intrastate commerce for agricultural purposes within a 150-air-mile radius from the source of the commodities or distribution point for the farm supplies when such transportation occurs during planting and harvesting seasons. Texas’ planting and harvesting season is January 1 through December 31 of each year.
Texas has adopted the electronic logging device (ELD) requirements in Part 395 for intrastate motor carriers and drivers.
See Safety Overview for information about the adoption of Federal safety regulations and applicability.