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7.02 Peace Or Power Assignment Of Lease

TRANSPORTATION CODE


TITLE 6. ROADWAYS


SUBTITLE K. MASS TRANSPORTATION


CHAPTER 452. REGIONAL TRANSPORTATION AUTHORITIES


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 452.001. DEFINITIONS. In this chapter:

(1) "Authority" means a regional transportation authority created under this chapter or Chapter 683, Acts of the 66th Legislature, Regular Session, 1979. The term includes:

(A) when used in Subchapters B, C, D, F, H, and I and Sections 452.201 and 452.451, a subregional authority created by a contiguous municipality; and

(B) as appropriate, an authority, other than an authority created by a contiguous municipality, consisting of one subregion.

(2) "Complementary transportation services" includes:

(A) special transportation services for a person who is elderly or has a disability;

(B) medical transportation services;

(C) assistance in street modifications as necessary to accommodate the public transportation system;

(D) construction of new general aviation facilities or renovation or purchase of existing facilities not served by certificated air carriers to relieve air traffic congestion at existing facilities; and

(E) any other service that complements the public transportation system, including providing parking garages.

(3) "Contiguous municipality" means a municipality that has a boundary contiguous with a principal municipality and having:

(A) a population of more than 250,000, according to the most recent population estimate of the appropriate metropolitan planning organization; or

(B) boundaries extending into two or more adjacent counties, two of which counties include a principal municipality.

(4) "County of a principal municipality" means the county having a majority of the territory of a principal municipality.

(5) "Executive committee" means the authority directors who serve as the governing body of the authority.

(6) "Light rail mass transit system" means a system that:

(A) uses a fixed guideway rail with electric power propelling mass transit passenger vehicles; and

(B) is constructed by an authority.

(7) "Metropolitan area" means a federal standard metropolitan statistical area having a population of more than 500,000, not more than 60 percent of which resides in municipalities having a population of more than 350,000.

(8) "Principal municipality" means a municipality having a population of at least 350,000.

(9) "Public transportation" means the conveyance of passengers and hand-carried packages or baggage of a passenger by any means of transportation.

(10) "Public transportation system" means:

(A) all property owned or held by an authority for public transportation or complementary transportation service purposes, including vehicle parking areas and facilities and other facilities necessary or convenient for the beneficial use of, and the access of persons and vehicles to, public transportation;

(B) real property, facilities, and equipment for the protection and environmental enhancement of all the facilities; and

(C) property held:

(i) in accordance with a contract with the owner making the property subject to the control of or regulation by the authority; and

(ii) for public transportation or complementary transportation service purposes.

(11) "Service plan" means an outline of the service that would be provided by the authority to those units of election confirmed at an election.

(12) "Subregion" means a principal municipality, the county of the principal municipality, and any municipality or unit of election included in the boundaries of a subregion by the creating entity of that subregion and confirmed at an election.

(13) "Subregional board" means a board created under Subchapter N or O to represent a subregion.

(14) "Unit of election" means:

(A) a principal municipality;

(B) a designated unincorporated area created by the commissioners court of a county of a principal municipality; or

(C) any other municipality located in the territory of an authority.

(15) "Transportation disadvantaged" has the meaning assigned by Section 451.001.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 140, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1038, Sec. 4, eff. Sept. 1, 2001.

Sec. 452.002. DETERMINATION OF POPULATION. In this chapter, population of a municipality or area is determined by the most recent federal census unless there has been no federal census in the preceding five years, in which case the population is the latest population estimate of the appropriate metropolitan planning organization.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.003. MUNICIPALITIES MAY PROVIDE TRANSPORTATION SERVICES. This chapter does not prohibit a municipality from providing public or complementary transportation services.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.004. EXECUTIVE COMMITTEE OF AUTHORITY CONSISTING OF ONE SUBREGION. The executive committee of an authority that consists of one subregion, other than an authority created by a contiguous municipality, is the board for the subregion and the members of the executive committee are selected in the manner prescribed for selection of the members of the board for that subregion.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. POWERS OF AUTHORITIES


Sec. 452.051. POWERS APPLICABLE TO CONFIRMED AUTHORITY. This subchapter applies only to an authority that has been confirmed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.052. NATURE OF AUTHORITY. (a) An authority:

(1) is a public political entity and corporate body;

(2) has perpetual succession; and

(3) exercises public and essential governmental functions.

(b) The exercise of a power granted by this chapter, including a power relating to a station or terminal complex, is for a public purpose and is a matter of public necessity.

(c) An authority is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the authority are not proprietary functions for any purpose including the application of Chapter 101, Civil Practice and Remedies Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.053. RESPONSIBILITY FOR CONTROL OF AUTHORITY. Except as provided by Section 452.104, the executive committee is responsible for the management, operation, and control of an authority and its property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.054. GENERAL POWERS OF AUTHORITY. (a) An authority has any power necessary or convenient to carry out this chapter or to effect a purpose of this chapter.

(b) An authority may sue and be sued. An authority may not be required to give security for costs in a suit brought or prosecuted by the authority and may not be required to give a supersedeas or cost bond in an appeal of a judgment.

(c) An authority may hold, use, sell, lease, dispose of, and acquire, by any means, property and licenses, patents, rights, and other interests necessary, convenient, or useful to the exercise of any power under this chapter.

(d) An authority may sell, lease, or dispose of in another manner:

(1) any right, interest, or property of the authority that is not needed for, or, if a lease, is inconsistent with, the efficient operation and maintenance of the public transportation system; or

(2) at any time, surplus materials or other property that is not needed for the requirements of the authority or for carrying out a power under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.055. CONTRACTS; GRANTS AND LOANS. (a) An authority may contract with any person.

(b) An authority may accept a grant or loan from any person.

(c) An authority may enter one or more agreements with any municipality included in the area of the authority for the distribution of the authority's revenues.

(d) The terms of a contract between a regional authority and a subregional authority created by a contiguous municipality or between a regional authority and a joint subregional authority must be approved by the governing body of each municipality participating in the subregional or joint subregional authority.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.056. OPERATION OF PUBLIC TRANSPORTATION SYSTEM. (a) An authority may:

(1) acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including the territory of a political subdivision;

(2) contract with a municipality, county, or other political subdivision for the authority to provide public transportation services outside the authority; and

(3) lease all or a part of the public transportation system to, or contract for the operation of all or a part of the public transportation system by, an operator.

(b) An authority, as the authority determines advisable, shall determine routes.

(c) The executive committee may submit a referendum for the approval of a power granted by Subsection (a) or (b).

(d) A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that, on or after June 14, 1989, performs a function of the authority or an entity described by Section 452.0561 that is created to provide transportation services is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function and only for a cause of action that accrues on or after that date.

(e) An authority consisting of one subregion governed by a subregional board created under Subchapter O shall, at least once every five years, evaluate each distinct transportation service the authority provides that generates revenue, including light rail, bus, van, taxicab, and other public transportation services, and determine whether the authority should solicit competitive, sealed bids from other entities to provide these transportation services.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.10, eff. April 1, 2011.

Sec. 452.0561. LIABILITY OF TRANSPORTATION ENTITY PROVIDING PUBLIC TRANSPORTATION. (a) This section applies only to a transportation entity created under:

(1) Subtitle C or D of Title 5 or Chapter 172, 173, or 174; or

(2) former Title 112, Revised Statutes.

(b) A transportation entity created for the purpose of providing public transportation is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the entity are essential governmental functions and not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.

(c) An independent contractor of a transportation entity performing a function of the entity or an authority is liable for damages only to the extent that the entity or authority would be liable if the entity or authority itself were performing the function.

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.05, eff. April 1, 2011.

Sec. 452.057. ACQUISITION OF PROPERTY BY AGREEMENT. An authority may acquire rolling stock or other property under a contract or trust agreement, including a conditional sales contract, lease, and equipment trust certificate.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.058. USE AND ACQUISITION OF PROPERTY OF OTHERS. (a) For a purpose described by Section 452.056(a)(1) and as necessary or useful in the construction, repair, maintenance, or operation of the public transportation system, an authority may:

(1) use a public way, including an alley; and

(2) directly, or indirectly by another person, relocate or reroute the property of another person or alter the construction of the property of another person.

(b) For an act authorized by Subsection (a)(2), an authority may contract with the owner of the property to allow the owner to make the relocation, rerouting, or alteration by the owner's own means or through a contractor of the owner. The contract may provide for reimbursement of the owner for costs or payment to the contractor.

(c) An authority may acquire by eminent domain any interest in real property, including a fee simple interest and the use of air or subsurface space, except the right of eminent domain may not be exercised:

(1) in a municipality without the approval of each proposed acquisition by the governing body of the municipality or in an unincorporated area without the approval of each proposed acquisition by the commissioners court of the county in which the property to be condemned is located; or

(2) in a manner that would:

(A) unduly impair the existing neighborhood character of property surrounding, or adjacent to, the property to be condemned;

(B) unduly interfere with interstate commerce; or

(C) authorize the authority to run an authority vehicle on a railroad track that is used to transport property.

(d) If an authority, through the exercise of a power under this chapter, makes necessary the relocation or rerouting of, or alteration of the construction of, a road, alley, overpass, underpass, railroad track, bridge, or associated property, an electric, telegraph, telephone, or television cable line, conduit, or associated property, or a water, sewer, gas, or other pipeline, or associated property, the relocation or rerouting or alteration of the construction must be accomplished at the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority.

(e) Unless the power of eminent domain is exercised, an authority may not begin an activity authorized under Subsection (a) to alter or damage property of others, including this state or a political subdivision of this state, without having first received the written permission of the owner.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent domain proceeding by an authority is initiated by the adoption by the executive committee of a resolution that:

(1) describes the property interest to be acquired by the authority;

(2) declares the public necessity for and interest in the acquisition; and

(3) states that the acquisition is necessary and proper for the construction, extension, improvement, or development of the public transportation system.

(b) A resolution adopted under this section and approved by resolution of the appropriate municipal governing body or commissioners court is conclusive evidence of the public necessity for the acquisition described in the resolution and that the property interest is necessary for public use.

(c) Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to an eminent domain proceeding by an authority.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.060. AGREEMENT WITH UTILITIES, CARRIERS. An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for:

(1) the joint use in the authority of the property of the agreeing entities; or

(2) the establishment of through routes, joint fares, or transfers of passengers.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.061. FARES AND OTHER CHARGES. (a) An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other compensation for the use of the public transportation system sufficient to produce revenue, together with tax revenue and grants received by the authority, in an amount adequate to:

(1) pay all the expenses necessary to operate and maintain the public transportation system;

(2) pay when due the principal of and interest on, and sinking fund and reserve fund payments agreed to be made with respect to, all bonds that are issued by the authority and payable in whole or part from the revenue; and

(3) fulfill the terms of any other agreement with the holders of bonds described by Subdivision (2) or with a person acting on behalf of the bondholders.

(b) It is intended by this chapter that the compensation imposed under Subsection (a) and taxes imposed by the authority not exceed the amounts necessary to produce revenue sufficient to meet the obligations of the authority under this chapter.

(c) Compensation for the use of the public transportation system, including parking fees and passenger transportation fares, may be set according to a zone system or to another classification that the authority determines to be reasonable.

(d) This section does not limit the state's power to regulate taxes imposed by an authority or other compensation authorized under this section. The state agrees with holders of bonds issued under this chapter, however, not to alter the power given to an authority under this section to impose taxes, fares, tolls, charges, rents, and other compensation in amounts sufficient to comply with Subsection (a), or to impair the rights and remedies of an authority bondholder, or a person acting on behalf of a bondholder, until the bonds, interest on the bonds, interest on unpaid installments of interest, costs and expenses in connection with an action or proceeding by or on behalf of a bondholder, and other obligations of the authority in connection with the bonds are discharged.

(e) Personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552, Government Code, including a person's:

(1) name, address, e-mail address, and phone number;

(2) account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number; and

(3) other personal financial information.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 48 (S.B. 405), Sec. 1, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 7, eff. June 19, 2015.

Sec. 452.0611. ENFORCEMENT OF FARES AND OTHER CHARGES; PENALTIES. (a) An executive committee by resolution may prohibit the use of the public transportation system by a person who fails to possess evidence showing that the appropriate fare for the use of the system has been paid and may establish reasonable and appropriate methods, using transit police officers or fare enforcement officers under Section 452.0612, to ensure that persons using the public transportation system pay the appropriate fare for that use.

(b) An executive committee by resolution may provide that a fare for or charge for the use of the public transportation system that is not paid incurs a penalty, not to exceed $100.

(c) The authority shall post signs designating each area in which a person is prohibited from using the transportation system without possession of evidence showing that the appropriate fare has been paid.

(d) A person commits an offense if:

(1) the person or another for whom the person is criminally responsible under Section 7.02, Penal Code, uses the public transportation system and does not possess evidence showing that the appropriate fare has been paid; and

(2) the person fails to pay the appropriate fare or other charge for the use of the public transportation system and any penalty on the fare on or before the 30th day after the date the authority notifies the person that the person is required to pay the amount of the fare or charge and the penalty.

(e) The notice required by Subsection (d)(2) may be included in a citation issued to the person by a peace officer under Article 14.06, Code of Criminal Procedure, or by a fare enforcement officer under Section 452.0612, in connection with an offense relating to the nonpayment of the appropriate fare or charge for the use of the public transportation system.

(f) An offense under Subsection (d) is a Class C misdemeanor.

(g) An offense under Subsection (d) is not a crime of moral turpitude.

Added by Acts 2003, 78th Leg., ch. 1113, Sec. 1, eff. Sept. 1, 2003.

Sec. 452.0612. FARE ENFORCEMENT OFFICERS. (a) The authority may employ persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by:

(1) requesting and inspecting evidence showing payment of the appropriate fare from a person using the public transportation system; and

(2) issuing a citation to a person described by Section 452.0611(d)(1).

(b) Before commencing duties as a fare enforcement officer a person must complete a 40-hour training course approved by the authority that is appropriate to the duties required of a fare enforcement officer.

(c) While performing duties, a fare enforcement officer shall:

(1) wear a distinctive uniform that identifies the officer as a fare enforcement officer; and

(2) work under the direction of the chief of police of the authority.

(d) A fare enforcement officer may:

(1) request evidence showing payment of the appropriate fare from passengers of the public transportation system;

(2) request personal identification from a passenger who does not produce evidence showing payment of the appropriate fare on request by the officer;

(3) request that a passenger leave the public transportation system if the passenger does not possess evidence of payment of the appropriate fare; and

(4) file a complaint in the appropriate court that charges the person with an offense under Section 452.0611(d).

(e) A fare enforcement officer may not carry a weapon while performing duties under this section.

(f) A fare enforcement officer is not a peace officer and has no authority to enforce a criminal law, other than the authority possessed by any other person who is not a peace officer.

Added by Acts 2003, 78th Leg., ch. 1113, Sec. 1, eff. Sept. 1, 2003.

Sec. 452.0613. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANE USAGE; PENALTIES. (a) An executive committee by resolution may regulate or prohibit improper entrance into, exit from, and vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by the authority.

(b) An executive committee by resolution may establish reasonable and appropriate methods to enforce regulations or prohibitions established under Subsection (a).

(c) An executive committee by resolution may provide that violations regarding improper entrance into, exit from, or vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by the authority incur a penalty, not to exceed $100.

(d) A person commits an offense if the person fails to pay any designated penalty on or before the 30th day after the date the authority notifies the person that the person is required to pay a penalty for:

(1) exiting or entering a high occupancy vehicle lane operated, managed, or maintained by an authority at a location not designated for exit or entrance; or

(2) operating a vehicle in or entering a high occupancy vehicle lane operated, managed, or maintained by an authority with fewer than the required number of occupants.

(e) The notice required by Subsection (d) may be included in a citation issued to the person by a peace officer under Article 14.06, Code of Criminal Procedure, in connection with an offense relating to improper use of a high occupancy vehicle lane.

(f) An offense under Subsection (d) is a Class C misdemeanor.

Added by Acts 2011, 82nd Leg., R.S., Ch. 644 (S.B. 990), Sec. 1, eff. September 1, 2011.

Sec. 452.062. INSURANCE. (a) An authority may insure, through purchased insurance policies or self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors arising from the acquisition, construction, or operation of the programs and facilities of the authority for:

(1) personal or property damage; and

(2) officers' and employees' liability.

(b) An authority may use contracts, rating plans, and risk management programs designed to encourage accident prevention.

(c) In developing an insurance or self-insurance program, an authority may consider the peculiar hazards, indemnity standards, and past and prospective loss and expense experience of the authority and of its contractors and subcontractors.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.063. TAX EXEMPTION. The property, revenue, and income of an authority are exempt from state and local taxes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.064. LIGHT RAIL SYSTEM: REGULATORY EXEMPTION. (a) An authority that constructs or operates or contracts with another entity to construct or operate a light rail mass transit system is not subject to any state law regulating or governing the design, construction, or operation of a railroad, railway, street railway, street car, or interurban railway.

(b) For purposes of ownership or transfer of ownership of an interest in real property, a light rail mass transit system line operating on property previously used by a railroad, railway, street railway, or interurban railway is a continuation of existing rail use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.065. ELECTRIC POWER FOR RAIL SYSTEM: CERTAIN AUTHORITIES. (a) An authority in which the public transportation system includes or is to include passenger rail service propelled by electric power and in which all or a part of the service area is served by the electric power distribution systems of more than one electric utility company or municipally owned electric utility system may:

(1) acquire, construct, own, and operate, for the sole purpose of powering its rail vehicles over its rail transportation system, sources of electric power, including wholly owned or partially owned generating facilities of any type and at any location, including fuel reserves and supplies;

(2) in conjunction with owning a generating facility, acquire, construct, own, and operate transmission and distribution facilities needed to deliver power from the generating facility to its public transportation system; and

(3) contract for the purchase of power and energy with any supplier of power and energy that serves any part of the authority's public transportation service area for the sole purpose of supplying the power and energy necessary to operate the authority's rail vehicles.

(b) The parties to a contract made under Subsection (a)(3) may fulfill the terms of the contract notwithstanding any order or rule of the Public Utility Commission of Texas with respect to certification, except that any supply of power or energy by one utility into the service area of another utility must be provided over transmission or distribution lines owned by the authority.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.066. ELECTIONS. (a) In an election ordered by the executive committee:

(1) the executive committee shall give notice of the election by publication in a newspaper of general circulation in the authority at least once each week for three consecutive weeks, with the first publication occurring at least 21 days before the date of election; and

(2) a resolution ordering the election and the election notice must show, in addition to the requirements of the Election Code, the hours of the election and polling places in election precincts.

(b) Subsection (a) does not apply to an election under Section 452.715.

(c) A copy of the notice of each election held under this chapter shall be furnished to the Texas Transportation Commission and the comptroller.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. MANAGEMENT OF AUTHORITY


Sec. 452.101. EXECUTIVE COMMITTEE: POWERS. The executive committee may:

(1) employ and prescribe the compensation for a chief executive officer whom the committee may designate as the general manager or the executive director;

(2) appoint auditors and attorneys and prescribe their duties, compensation, and tenure;

(3) adopt a seal for the authority;

(4) set the fiscal year for the authority;

(5) establish a complete system of accounts for the authority;

(6) designate by resolution an authorized representative of the authority to, according to terms prescribed by the executive committee:

(A) invest authority funds; and

(B) withdraw money from authority accounts for investments; and

(7) designate by resolution an authorized representative of the authority to supervise the substitution of securities pledged to secure authority funds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.102. INVESTMENTS. (a) The executive committee may invest authority funds in:

(1) direct and indirect obligations, including treasury receipts evidencing ownership of future interest and principal payments on their receipts, of the United States and of its instrumentalities, including a Federal Home Loan Bank, Federal Farm Credit Bank, Federal Home Loan Mortgage Association, Federal National Mortgage Association, Government National Mortgage Association, Student Loan Marketing Association, and International Bank for Reconstruction and Development;

(2) an obligation that:

(A) is of any state, or of a state agency, or of a county, municipality, or other political subdivision of a state;

(B) pays the principal and interest from taxes or revenues, or both taxes and revenues; and

(C) has a rating of not less than "A" or an equivalent rating by a nationally recognized rating firm;

(3) direct repurchase agreements and reverse repurchase agreements that:

(A) have defined termination dates secured by obligations described by Subdivision (1) or (2); and

(B) are executed with a bank or trust company organized under the laws of this state, any national banking association, or any government bond dealer reporting to and recognized as a primary dealer by the Federal Reserve Bank of New York;

(4) the common trust funds of a bank and money market mutual funds that consist solely of assets described by Subdivision (1) or (2);

(5) a certificate of deposit of a state or national bank guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or secured by obligations described by Subdivision (1) or (2) with a market value of not less than the principal amount of the certificate;

(6) commercial paper rated "A1" or "P1" by a nationally recognized rating firm;

(7) a foreign currency and any currency-swap agreement to the extent necessary to pay nondollar-denominated obligations; and

(8) any other investment authorized by resolution of the executive committee of the authority.

(b) An authority, by contract the terms of which are appropriate and approved by the executive committee, may enter into:

(1) an investment agreement relating to any investment described by this section; and

(2) an interest-rate swap or a similar agreement.

(c) In addition to the other investments authorized by this section, the executive committee may invest authority funds in any investment authorized for an entity under Chapter 2256, Government Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1028, Sec. 1, eff. June 19, 1997.

Sec. 452.103. DEPOSITORY; DEPOSIT OF FUNDS. (a) The executive committee shall designate one or more banks as depositories for authority funds.

(b) All funds of an authority that are not otherwise invested shall be deposited in one or more of the authority's depository banks unless otherwise required by an order or resolution authorizing the issuance of an authority bond or note or other contractual undertaking.

(c) Funds in a depository, to the extent that those funds are not insured by the Federal Deposit Insurance Corporation, shall be secured in the manner provided by law for the security of county funds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.104. CHIEF EXECUTIVE: DUTIES. (a) The general manager or executive director shall administer the daily operation of an authority.

(b) In conformity with the policy of the executive committee, the general manager or executive director may:

(1) employ persons to conduct the affairs of the authority, including any operating or management company; and

(2) remove any employee.

(c) The general manager or executive director shall prescribe the duties, tenure, and compensation of each person employed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.105. RULES. (a) The executive committee by resolution may adopt rules for the:

(1) safe and efficient operation and maintenance of the public transportation system;

(2) use of the public transportation system and the authority's services by the public and the payment of fares, tolls, and other charges; and

(3) regulation of privileges on property owned, leased, or otherwise controlled by the authority.

(b) The authority shall encourage to the maximum extent feasible the participation of private enterprise.

(c) A notice of each rule adopted by the executive committee shall be published in a newspaper with general circulation in the area in which the authority is located once each week for two consecutive weeks after adoption of the rule. The notice must contain a condensed statement of the substance of the rule and must advise that a copy of the complete text of the rule is filed in the principal office of the authority where the text may be read by any person.

(d) A rule becomes effective 10 days after the date of the second publication of the notice under this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.1055. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGE. (a) A board by resolution may prohibit the consumption of an alcoholic beverage on property an authority possesses or controls. The resolution must describe with particularity each place where consumption of an alcoholic beverage is prohibited.

(b) The authority shall post a sign in each place where consumption of an alcoholic beverage is prohibited under this section. The sign must indicate that a person may not consume an alcoholic beverage in that place.

(c) A person commits an offense if the person consumes an alcoholic beverage in a place where the consumption of an alcoholic beverage is prohibited under this section.

(d) An offense under this section is a Class C misdemeanor.

(e) In this section, "alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.29(a), eff. Sept. 1, 1997.

Sec. 452.106. PROCUREMENT RULES. (a) The executive committee may adopt and enforce procurement procedures, guidelines, and rules:

(1) defining the terms in and implementing Sections 452.107 and 452.108(a) and (b); or

(2) covering:

(A) the appointment of contracting officers;

(B) the solicitation for and award of contracts, including the electronic transmission of bids and proposals and the use of the reverse auction procedure, as defined by Section 2155.062, Government Code;

(C) the resolution of protests and contract disputes;

(D) foreign currency transactions and conversions and foreign exchange rate risk management; or

(E) other aspects of the procurement process for domestic and international contracts.

(b) Sections 452.107 and 452.108(a) and (b) and the procedures, guidelines, or rules adopted under this section confer no rights on an actual or potential bidder, offeror, contractor, or other person except as expressly stated in the procedures, guidelines, or rules.

(c) A procurement procedure, guideline, or rule covering the electronic transmission of bids and proposals must provide:

(1) for the identification, security, and confidentiality of an electronic bid or proposal;

(2) that an electronic bid or proposal is not required to be sealed; and

(3) that an electronic bid or proposal remains effectively unopened until the appropriate time.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 63, Sec. 1, eff. Sept. 1, 2003.

Sec. 452.107. PURCHASES: COMPETITIVE BIDDING. (a) Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitive sealed bids or proposals, including the reverse auction procedure, ensuring full and open competition.

(b) The authority shall describe in a solicitation each factor to be used to evaluate a bid or proposal and give the factor's relative importance.

(c) The executive committee may authorize the negotiation of a contract without competitive sealed bids or proposals if:

(1) the aggregate amount involved in the contract is $50,000 or less;

(2) the contract is for construction for which not more than one bid or proposal is received;

(3) the contract is for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition;

(4) the contract is to respond to an emergency for which the public exigency does not permit the delay incident to the competitive process;

(5) the contract is for personal or professional services or services for which competitive bidding is precluded by law; or

(6) the contract, without regard to form and which may include bonds, notes, loan agreements, or other obligations, is for the purpose of borrowing money or is a part of a transaction relating to the borrowing of money, including:

(A) a credit support agreement, such as a line or letter of credit or other debt guaranty;

(B) a bond, note, debt sale or purchase, trustee, paying agent, remarketing agent, indexing agent, or similar agreement;

(C) an agreement with a securities dealer or investment adviser, broker, or underwriter; and

(D) any other contract or agreement considered by the executive committee to be appropriate or necessary in support of the authority's financing activities.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 3, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1091, Sec. 4.05, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 63, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 794 (H.B. 2223), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 801 (H.B. 2325), Sec. 3, eff. September 1, 2011.

Sec. 452.108. DURATION OF CONTRACTS AND DELEGATION OF POWERS. (a) An authority may contract for payment with debt obligations and for performance and payments to extend longer than one fiscal year if the contract provides for the discharge of the authority's contractual obligations by any method, including:

(1) committing current year funds, future tax revenues, or cancellation charges; and

(2) making the contract subject to the future availability of funds.

(b) The executive committee may delegate to designated persons the power to contract for construction, services, and property, within budgeted amounts approved by the executive committee.

(c) Except as provided by Subsection (d), an authority consisting of one subregion governed by a subregional board created under Subchapter O may not enter a lease or financing agreement secured wholly or partially by the assets of the authority if the duration of the lease or financing agreement is longer than five years unless the lease or agreement is approved by the voters of the authority in the manner provided for the issuance of bonds and notes under Subchapter H.

(d) To provide tax benefits to another party that are available with respect to property under the laws of a foreign country or to encourage private investment with a transportation authority in the United States, and notwithstanding any other provision of this chapter, an authority consisting of one subregion governed by a subregional board created under Subchapter O may enter into and execute, as it considers appropriate, contracts, agreements, notes, security agreements, conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges, swap transactions, or agreements relating to foreign and domestic currency. The agreements or instruments may have the terms, maturities, duration, provisions as to governing law, indemnities, and other provisions that are approved by the subregional board. In connection with any transaction authorized by this subsection, the authority may deposit in trust, escrow, or similar arrangement cash or lawful investments securities, or may enter into one or more payment agreements, financial guarantees, or insurance contracts with counterparties having either a corporate credit or debt rating in any form, a claims-paying ability, or a rating for financial strength of "AA" or better by Moody's Investors Service, Inc. or by Standard & Poor's Corporation or of "A (Class XII)" or better by Best's rating system, that by their terms, including interest to be earned on the cash or securities, or payment obligations, are sufficient in amount to pay when due all amounts required to be paid by the authority as rent over the full term of the transaction plus any optional purchase price or other obligation due under the transaction.

(e) Property sold, acquired, or otherwise transferred under Subsection (d) is considered for all purposes to be property owned and held by the authority and used for public purposes. The property is exempt from ad valorem taxes imposed in this state. A leasehold interest in the property is exempt from Section 25.07(a), Tax Code. A sale, lease, sublease, or other transfer of personal property by or to the authority under Subsection (d) is exempt from all sales, use, and motor vehicle taxes imposed by this state or a political subdivision of this state.

(f) Subsection (c) does not apply to a lease or financing agreement that is payable from or secured by a pledge of funds described by Section 452.357(a)(4).

(g) Subsection (c) does not apply to a multiyear commodity or utility service purchase arrangement or agreement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1028, Sec. 2, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1284, Sec. 2, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 509, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 792 (H.B. 2195), Sec. 1, eff. June 17, 2011.

Sec. 452.109. EXPLANATION OF CONTRACT AWARDS IN CERTAIN AUTHORITIES. (a) A subregional board created under Subchapter O that governs an authority consisting of one subregion shall document the reasons for the award of a contract for:

(1) professional services awarded to a person other than the person proposing to deliver the services at the lowest cost; or

(2) construction, services, or property awarded to a person other than the person recommended by the staff of the authority.

(b) The documentation required by Subsection (a) must include all of the reasons for not selecting, as appropriate, the person proposing to deliver the services at the lowest cost or the person recommended by the staff.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.1095. EXEMPTION FROM OTHER CONTRACTING LAW FOR CERTAIN AUTHORITIES. (a) Chapter 2269, Government Code, does not apply to an authority consisting of one subregion governed by a subregional board created under Subchapter O.

(b) An authority to which this section applies may adopt design-build procedures that do not materially conflict with Subchapter H, Chapter 2269, Government Code.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 3.07, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(35), eff. September 1, 2013.

Sec. 452.110. PEACE OFFICERS. (a) The executive committee may establish a security force and provide for the employment of security personnel.

(b) The executive committee may commission an employee of a security force established under Subsection (a) as a peace officer.

(c) A peace officer commissioned under Subsection (b), except as provided by Subsection (e), has all the rights, privileges, obligations, and duties of any other peace officer in this state while on the property under the control of the authority or in the actual course and scope of the officer's employment.

(d) A person commissioned under Subsection (b) must give an oath and make bond for the faithful performance of the officer's duties as the executive committee may require. The bond shall be filed with the executive committee and made payable to the authority. The bond must be approved by the executive committee.

(e) A law enforcement power granted under this section is subordinate to the law enforcement power of a municipality in which the power is attempted to be exercised.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.111. EXTRAORDINARY VOTE REQUIRED IN CERTAIN AUTHORITIES. A subregional board created under Subchapter O that governs an authority consisting of one subregion may not, except by a two-thirds vote of the board:

(1) issue any debt allowed by law;

(2) enter a lease as lessee or financing agreement as obligor if the lease or agreement is secured by the other assets of the authority;

(3) effect a major change as described by Section 452.303 in a service plan;

(4) approve the financial plan for the authority; or

(5) enter an agreement under Section 452.055(c).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.112. ADVISORY COMMITTEES IN CERTAIN AUTHORITIES. (a) A subregional board created under Subchapter O that governs an authority consisting of one subregion may appoint one or more committees for any purpose for which a vote of the board is not required.

(b) A committee may consist of members of the subregional board and members of the general public, but the number of public members on a committee may not exceed the number of members of the subregional board on the committee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.113. BUDGET RECOMMENDATIONS. The executive committee shall:

(1) receive recommendations for the annual budget from each subregional board;

(2) obtain approval from each subregional board of the final annual budget as it pertains to that board's subregion; and

(3) make the proposed annual budget available to the governing bodies of each municipality in the authority at least 30 days before the date of the adoption of the final annual budget.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.114. BUDGET IN AUTHORITY CREATED BY CONTIGUOUS MUNICIPALITY. (a) The executive committee of an authority created by a contiguous municipality shall, not later than the 60th day before the beginning of the authority's fiscal year, deliver to the governing body of the contiguous municipality a proposed budget for the authority's fiscal year.

(b) The budget for the authority is not effective until the budget is approved by the governing body of the contiguous municipality. An approved budget is the budget for the authority for the fiscal year, and each change in the budget must be approved by the governing body of the contiguous municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.115. PUBLIC HEARING ON FARE AND SERVICE CHANGES IN CERTAIN AUTHORITIES. (a) An authority consisting of one subregion governed by a subregional board created under Subchapter O must hold a public hearing on:

(1) any fare change;

(2) a service change involving:

(A) 25 percent or more of the number of transit route miles of a transit route; or

(B) 25 percent or more of the number of transit revenue vehicle miles of a transit route, computed daily, for the day of the week for which the change is made; or

(3) the establishment of a new transit route.

(b) When the number of changes of a type described by Subsection (a)(2) in a fiscal year would equal the percentage applicable in that subsection, the public hearing must be held before the change that would equal or exceed the percentage.

(c) In this section:

(1) "Transit route" means a route over which a transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up or discharging passengers at regularly scheduled stops and intervals.

(2) "Transit route mile" means one mile along a transit route regularly traveled by transit vehicles while available for the general public to carry passengers.

(3) "Transit revenue vehicle mile" means one mile traveled by a transit vehicle while the vehicle is available to the general public to carry passengers.

(4) "Service change" means any addition or deletion resulting in the physical realignment of a transit route or a change in the type or frequency of service provided in a specific, regularly scheduled transit route.

(d) The length of a transit route is the distance traversed in traveling completely over the route and returning to the starting point to begin another circuit of the route. If a route is defined in one direction only, the one-directional distance is the route length.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.116. PUBLIC HEARING ON FARE AND SERVICE CHANGES IN CERTAIN AUTHORITIES: EXCEPTIONS. (a) A public hearing under Section 452.115 is not required for:

(1) a reduced or free promotional fare that is instituted daily or periodically within 180 days;

(2) a headway adjustment of not more than five minutes during peak-hour service and not more than 15 minutes during non-peak-hour service;

(3) a standard seasonal variation unless the number, timing, or type of the standard seasonal variation changes; or

(4) an emergency or experimental service change in effect for 180 days or less.

(b) In this section, "experimental service change" means an addition of service to an existing transit route or the establishment of a new transit route.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.117. PUBLIC HEARING ON EXPERIMENTAL SERVICE CHANGE. A hearing on an experimental service change as described by Section 452.116 to remain in effect for more than 180 days may be held before or during the experimental service change period and satisfies the requirement for a public hearing if the hearing notice required by Section 452.118 states that the experiment may become permanent at the end of the period. If a hearing is not held before or during the experimental service change period, the service that existed before the change must be reinstituted at the end of 180 days and a public hearing held in accordance with Section 452.118 before the experimental service may be continued.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.118. NOTICE OF HEARING ON FARE OR SERVICE CHANGE IN CERTAIN AUTHORITIES. (a) The subregional board shall call a public hearing required by Section 452.115 and:

(1) publish at least 30 days before the date of the hearing notice of the hearing at least once in a newspaper of general circulation in the territory of the authority; and

(2) post notice in each transit vehicle in service on any transit route affected by the proposed change for at least two weeks within 30 days before the date of the hearing.

(b) The notice must contain:

(1) a description of each proposed fare or service change, as appropriate;

(2) the time and place of the hearing; and

(3) if the hearing is required under Section 452.115(b), a description of the latest proposed change and the previous changes.

(c) The requirement of Section 452.115 for a public hearing is satisfied at a public hearing required by federal law if:

(1) the notice requirements of this section are met; and

(2) the proposed fare or service change is addressed at the meeting.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. STATION OR TERMINAL COMPLEX SYSTEMS


Sec. 452.151. STATION OR TERMINAL COMPLEX: SYSTEM PLAN. (a) An authority may not acquire an interest in real property for a station or terminal complex unless the station or terminal complex is included in the public transportation system in a comprehensive service plan approved by a resolution of the executive committee. A mass transit facility of an authority is not a station or terminal complex under this subchapter unless the facility is included in the authority's comprehensive service plan under this section.

(b) A station or terminal complex may not be included in a public transportation system unless the executive committee first finds that the station or complex:

(1) will encourage and provide for efficient and economical public transportation;

(2) will facilitate access to public transportation and provide for other public transportation purposes;

(3) will reduce vehicular congestion and air pollution in the metropolitan area; and

(4) is reasonably essential to the successful operation of the public transportation system.

(c) On making a finding under Subsection (b), the executive committee may amend the authority's comprehensive service plan to include a station or terminal complex.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.152. STATION OR TERMINAL COMPLEX: FACILITIES. A station or terminal complex of an authority:

(1) must include adequate provision for the transfer of passengers among the various means of transportation available to the complex; and

(2) may include provision for residential, institutional, recreational, commercial, and industrial facilities.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.153. APPROVAL OF MUNICIPALITY. The location of a station or terminal complex in a municipality or in the extraterritorial jurisdiction of a municipality must be approved, as to conformity with the comprehensive or general plan of the municipality, by a motion, resolution, or ordinance adopted by the governing body of the municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.154. STATION OR TERMINAL COMPLEX: LIMITATION ON REAL PROPERTY ACQUISITION BY CONDEMNATION. (a) An interest in real property that is more than 1,500 feet from the center point of a station or terminal complex may not be acquired for a station or terminal complex facility by eminent domain.

(b) Before the commencement of an eminent domain proceeding to acquire an interest in real property for a station or terminal complex facility, the executive committee shall designate the center point of the station or terminal complex.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.155. TRANSFER OF REAL PROPERTY IN STATION OR TERMINAL COMPLEX. (a) An authority may transfer to any person by any means, including a sale or lease, an interest in real property in a station or terminal complex and may contract with respect to it, in accordance with the comprehensive service plan approved by the executive committee, and subject to terms:

(1) the executive committee finds to be in the public interest or necessary to carry out this section; and

(2) specified in the instrument transferring the title or right of use.

(b) A transfer must be at the fair value of the interest transferred considering the use designated for the real property in the authority's comprehensive service plan.

(c) A person from whom property offered for sale under this section was acquired by eminent domain or the threat of eminent domain has a first right to purchase the property at the price for which the property is offered to the public.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. SPECIAL PROGRAMS AND SERVICES


Sec. 452.201. MINORITY AND WOMEN-OWNED BUSINESS PROGRAM IN CERTAIN AUTHORITIES. (a) An authority consisting of one subregion governed by a subregional board created under Subchapter O may establish a program reasonably designed to increase the participation of minority and women-owned business enterprises in contracts awarded by the authority. If the program is established, the board shall provide a program outlining acceptable assistance to be given minority and women-owned business enterprises in the area served by the authority to achieve the purposes of the program.

(b) An overall minority and women-owned business enterprise contract percentage goal may be established as a part of the program only after reasonable consultation with affected organizations and a qualified independent source and after public comment. In establishing a goal, the authority shall consider the various types of construction contracts the authority expects to award and the effect of market conditions on the feasibility of attaining the goals.

(c) The authority shall periodically review the effectiveness of the program and the reasonableness of the program goals.

(d) This section does not affect Sections 452.106, 452.107, and 452.108(a) and (b), but prospective bidders may be required to meet uniform standards designed to assure a reasonable degree of participation by minority and women-owned business enterprises in the performance of any contract.

(e) In this section:

(1) "Minority" includes blacks, Hispanics, Asian Americans, American Indians, and Alaska natives.

(2) "Minority business enterprise" means a small business concern at least 51 percent of which is owned and controlled in management and daily operations by members of one or more minorities.

(3) "Women-owned business enterprise" means a small business concern at least 51 percent of which is owned and controlled in management and daily operations by one or more women.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.202. TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS. (a) An authority shall contract with the Texas Department of Human Services to provide, in accordance with federal law, transportation services to a person who:

(1) resides in the area served by the authority;

(2) is receiving financial assistance under Chapter 31, Human Resources Code; and

(3) is registered in the jobs opportunities and basic skills training program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).

(b) The contract must include provisions to ensure that:

(1) the authority is required to provide transportation services only to a location:

(A) to which the person travels in connection with participation in the jobs opportunities and basic skills training program; and

(B) that the authority serves under the authority's authorized rate structure and existing services;

(2) the authority provides directly to the Texas Department of Human Services trip vouchers for distribution by the department to a person who is eligible under this section to receive transportation services;

(3) the Texas Department of Human Services reimburses the authority for allowable costs, at the applicable federal matching rate; and

(4) the Texas Department of Human Services may return undistributed trip vouchers to the authority.

(c) An authority shall certify the amount of public funds spent by the authority under this section for the purpose of obtaining federal funds under the jobs opportunities and basic skills training program.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.203. WAIVER OF FEDERAL REQUIREMENTS. If, before implementing Section 452.202, the Texas Department of Human Services determines that a waiver or authorization from a federal agency is necessary for implementation, the Texas Department of Human Services shall request the waiver or authorization, and the department and an authority may delay implementing Section 452.202 until the waiver or authorization is granted.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER G. SERVICE PLANS


Sec. 452.301. IMPLEMENTATION OF SERVICE PLAN: CERTAIN AUTHORITIES. A subregional board created under Subchapter O that governs an authority consisting of one subregion shall implement the service plan as approved under Section 452.713 without change unless the change is made in the manner required by this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.302. CHANGE IN SERVICE PLAN: GENERAL RULE. A service plan may be changed by a majority vote of the members of the subregional board described by Section 452.301 at a meeting at which a quorum of the board is present.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.303. MAJOR SERVICE PLAN CHANGE: NOTICE AND HEARING. (a) The subregional board of an authority described by Section 452.301 may not, without holding a public hearing on the proposed change, consider a change in the service plan that would:

(1) change the location of a right-of-way of a fixed guideway system;

(2) change or add a width of a right-of-way of a fixed guideway system;

(3) change a grade separation or add a grade separation to a fixed guideway system;

(4) move the location of a station of a fixed guideway system;

(5) reclassify the aerial, at-grade, or subgrade vertical alignment of a fixed guideway or establish the vertical alignment of a fixed guideway;

(6) move the location of:

(A) a parking lot;

(B) a maintenance facility; or

(C) an off-street transfer center;

(7) add a facility listed in Subdivisions (1)-(6); or

(8) add a route for a fixed guideway system.

(b) Before holding a public hearing required under Subsection (a), the subregional board shall in writing notify:

(1) each owner of real property located within 400 feet, including streets and alleys, of the boundary of the proposed right-of-way or the boundary of property on which the facility is proposed to be located; and

(2) the governing body of each municipality and the commissioners court of each county in which the changed or additional right-of-way or facility is to be located.

(c) The notice required by this section must be given to each governing body and to the property owners shown by the municipal or county tax roll at least 20 days before the date of the hearing by depositing the notice in the United States mail.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.304. ADOPTION OF MAJOR SERVICE PLAN CHANGE. (a) After a public hearing, the subregional board described by Section 452.301 may approve a change described by Section 452.303(a) in the service plan by a favorable vote of two-thirds of the members present.

(b) If the change in the plan includes the addition of a fixed guideway route, including a route to be added under an agreement under Section 452.060, the governing body of each municipality through which the route would pass must approve the route before the subregional board may add the route to the service plan.

(c) The subregional board shall give notice of a change in the service plan adopted under this section to:

(1) the commissioners court of each county in which the changed or additional right-of-way or facility is to be located if the change is located in an unincorporated area; and

(2) the governing body of each municipality in which the changed or additional right-of-way or facility is to be located.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.305. SERVICE PLAN CHANGE: AUTHORITY CREATED BY CONTIGUOUS MUNICIPALITY. The service plan of an authority created by a contiguous municipality and confirmed may be changed only with the approval of the governing body of the contiguous municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER H. BONDS


Sec. 452.351. DEFINITION. In this subchapter, "bond" includes a note.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.352. POWER TO ISSUE BONDS. (a) An authority may issue bonds at any time and for any amounts it considers necessary or appropriate for:

(1) the acquisition, construction, repair, equipping, improvement, or extension of its public transportation system; or

(2) creating or funding self-insurance or retirement or pension fund reserves.

(b) A bond any portion of which is secured by a pledge of sales and use tax revenues and that has a maturity longer than five years from the date of issuance may not be issued by an authority until an election has been held and the proposition proposing the issue has been approved by a majority of the votes received on the issue in accordance with either Section 452.362 or 452.363.

(c) A subregional authority created by a contiguous municipality may not issue a document of indebtedness, including a bond, unless the document is approved by the governing body of the contiguous city.

(d) Subsection (b) does not apply to:

(1) refunding bonds;

(2) bonds described by Subsection (a)(2); or

(3) commercial paper notes having maturities of 270 days or less that are authorized to be issued and reissued from time to time under a commercial paper program in a maximum principal amount that the chief financial officer certifies, based on reasonable estimates of pledged sales and use tax revenue, can be repaid in full within five years after the date of authorization of the commercial paper program, taking into consideration any other bonds or notes having a prior or parity lien on the pledged revenue, regardless of the final date of the commercial paper program.

(e) A commercial paper program described by Subsection (d)(3) may not be continued beyond five years unless, before issuing any note with a maturity exceeding five years from the date of the initial authorization of the program or five years from the date of any new certification, the chief financial officer provides a new certification that the maximum principal amount of the program, based on reasonable estimates of pledged sales and use tax revenue, can be repaid in full within five years after the date of the most recent new certification, taking into consideration any other bonds or notes having a prior or parity lien on the pledged revenue.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 54 (S.B. 1375), Sec. 1, eff. September 1, 2007.

Sec. 452.353. BOND TERMS. (a) An authority's bonds are fully negotiable. An authority may make the bonds redeemable before maturity at the price and subject to the terms and conditions that are provided in the authority's resolution authorizing the bonds.

(b) A revenue bond indenture may limit a power of the authority provided by Section 452.052, 452.054, 452.055(a), (b), or (c), 452.056(a) or (b), 452.057, 452.058, 452.059, 452.060, 452.061(a), (b), (d), or 452.062, as long as the bonds issued under the indenture are outstanding.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.354. SALE. An authority's bonds may be sold at a public or private sale as determined by the executive committee to be the more advantageous.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.355. APPROVAL; REGISTRATION. (a) An authority's bonds and the records relating to their issuance shall be submitted to the attorney general for examination before the bonds may be delivered.

(b) If the attorney general finds that the bonds have been issued in conformity with the constitution and this chapter and that the bonds will be a binding obligation of the issuing authority, the attorney general shall approve the bonds.

(c) After the bonds are approved by the attorney general, the comptroller shall register the bonds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.356. INCONTESTABILITY. Bonds are incontestable after they are:

(1) approved by the attorney general;

(2) registered by the comptroller; and

(3) sold and delivered to the purchaser.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 452.357. SECURITY PLEDGED. (a) To secure the payment of an authority's bonds, the authority may:

(1) pledge all or part of revenue realized from any tax that the authority may impose;

(2) pledge any part of the revenue of the public transportation system;

(3) mortgage any part of the public transportation system, including any part of the system subsequently acquired;

(4) pledge all or part of funds the federal government has committed to the authority as grants in aid; and

(5) provide that a pledge of revenue described by Subdivision (1) or (2) is a first lien or charge against that revenue.

(b) Under Subsection (a)(3) an authority may, subject to the terms of the bond indenture or the resolution authorizing the issuance of the bonds, encumber a separate item of the public transportation system and acquire, use, hold, or contract for the property by lease, chattel mortgage, or other conditional sale including an equipment trust transaction.

(c) An authority may not issue bonds secured by ad valorem tax revenue.

(d) An authority is not prohibited by this subchapter from encumbering one or more public transportation systems to purchase, construct, extend, or repair one or more other public transportation systems of the authority.

(e) The authority may pledge funds described by Subsection (a)(4):

(1) as the sole security for the bonds; or

(2) in addition to any other security described by this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 509, Sec. 2, eff. Sept. 1, 2001.

Amended by:

B.C. Reg. 30/78
O.C. 27/78
Filed January 30, 1978
This archived regulation consolidation is current to January 14, 2011 and includes changes enacted and in force by that date. For the most current information, click here.

Commercial Transport Act

Commercial Transport Regulations

[includes amendments up to B.C. Reg. 337/2010, November 26, 2010]

Point in Time

Division 1 — Interpretation

Interpretation

1.01In these regulations, unless the context otherwise requires:

"A dolly"  means a trailer converter dolly that is towed from a single hitch located on the centre line of the towing vehicle;

"A train"  means a combination of vehicles composed of a truck tractor, a semi-trailer and either

(a) an A dolly and a semi-trailer, or

(b) a full trailer;

"Act"  means the Commercial Transport Act;

"air deflector"  means a device attached to the front of a vehicle designed to reduce air resistance around the vehicle or load but no part of which is used to carry a load;

"anti splash and spray device"  means a device that is attached to a vehicle and is designed to control or reduce the amount of water thrown up by the moving wheels of the vehicle;

"articulation point"  means

(a) the vertical axis of the kingpin in a fifth wheel coupler and kingpin assembly,

(b) the vertical axis through the centre of a lunette eye in a pintle hook and lunette eye assembly, or

(c) the vertical axis through the centre of rotation of a turntable or other similar device

that allows the vehicles in a combination of vehicles to rotate in the horizontal plane relative to one another;

"automatic axle lift device"  means a device that is designed

(a) to lift or otherwise remove the tires of an unloaded trailer's axle from contact with the road surface, and

(b) to automatically lower the tires to the road surface if a load is placed in the trailer;

"axle"  means a structure that is wholly in the same or approximately the same transverse plane and that is supported by wheels on which or with which it revolves;

"axle spread"  means the longitudinal distance between the extreme axle centres of the axle unit;

"axle track width"  means the overall width of an axle across the outside faces of the tires measured at any point above the lowest point of the rim;

"axle unit"  means

(a) a single axle,

(b) a tandem axle, or

(c) a tridem axle;

"axle unit weight"  means the weight transmitted to the highway by an axle unit;

"B train"  means a combination of vehicles composed of a truck tractor and a semi-trailer, followed by another semi-trailer attached to the first semi-trailer by means of a fifth wheel coupler mounted on the first semi-trailer, within the axle spread of the first semi-trailer or not located more than 0.3 m behind the centre of the last axle;

"bed truck"  means a truck tractor equipped with a cargo carrying deck and a winch that is used for self loading and that is located behind the cab;

"box length"  means the longitudinal dimension from the front of the cargo carrying unit to its rear, exclusive of any extension in the length caused by auxiliary equipment or machinery at the front that is not designed for the transportation of goods;

"C dolly"  means a trailer converter dolly which is not an A dolly;

"C converter dolly"  means a trailer converter dolly that has a rigid frame in the horizontal plane and is towed from 2 hitches located in a horizontal transverse line on the towing unit, which preclude any rotation in the horizontal plane about the hitch points, and that satisfy all requirements of the Canadian Motor Vehicle Safety Standards applicable to such devices;

"C train"  means a combination of vehicles composed of a truck tractor and a semi-trailer, followed by another semi-trailer attached to the first semi-trailer by the means of a C dolly or C converter dolly;

"clearance lamp"  means a clearance lamp required under Division 4 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"dangerous goods placard"  means a placard required under the Transport of Dangerous Goods Act or the Transportation of Dangerous Goods Act (Canada) and includes a holder for that placard;

"daylight"  means the time between 1/2 hour before sunrise and 1/2 hour after sunset;

"dog logger"  means a vehicle or device which is attached to the rear of a pole trailer and shares the load through an articulation point;

"drawbar"  means a structural member of a full trailer or trailer converter dolly that includes a device for the purpose of coupling with a trailer hitch or fifth wheel;

"drawbar length"  means the longitudinal distance from the centre of the hole in the fifth wheel of a converter dolly or turntable center to the center of the hitching device on the towing vehicle;

"drive axle"  means an axle that is or may be connected to the power source of a motor vehicle and transmits tractive power to the wheels;

"effective overhang"  means the longitudinal distance from the turn centre of the full trailer, pony trailer, semi-trailer, truck or intercity bus to the rearmost point of the vehicle including load;

"farm vehicle"  means a commercial vehicle owned and operated by a farmer, rancher or market gardener, the use of which is confined to purposes connected with his farm, ranch or market garden, including use for pleasure and is not used in connection with any other business in which the owner may be engaged;

"fifth wheel coupler"  means a device that is mounted on the vehicle chassis and that consists of a skid plate, associated mounting brackets and latching mechanism that couples or connects to a kingpin located on the other vehicle or component;

"full trailer"  means a vehicle without motive power that is designed to be towed by another vehicle and is so designed that the whole of its weight and load is carried on its own axles and includes a combination consisting of a semi-trailer and trailer converter dolly;

"gross weight, single axle"  means the gross weight carried by a single axle and transmitted to the road by the wheels of that axle;

"gross weight, group of axles"  means the sum of the gross axle weights of all the axles comprising the group of axles;

"gross weight, all axles"  means the sum of the individual axle weights of all the axles of a vehicle or combination of vehicles;

"group of axles"  means any 2 or more successive axles on a vehicle or combination of vehicles;

"highway"  includes every highway within the meaning of the Transportation Act, and every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and every private place or passageway to which the public, for the purpose of parking or servicing of vehicles, has access or is invited;

"hitch offset"  means the longitudinal distance from the truck or trailer turn centre to the articulation point of the hitch used to tow the following vehicle;

"horsepower"  means the gross horsepower of the engines of the towing vehicle as customarily rated by the manufacturer;

"interaxle spacing"  means the longitudinal distance separating 2 axle units as determined from the centres of each of the axles that is the closest to the other axle unit;

"intercity bus"  means a vehicle designed to carry more than 15 passengers and equipped with facilities to allow extended travel without stopping;

"jeep"  means a semi-trailer that is designed to be attached between a truck tractor and another semi-trailer, so as to distribute the load of the other semi-trailer between the axles of the jeep and axles of the truck tractor;

"length (full trailer)"  means the longitudinal dimension from the front of the full trailer to its rearmost point and does not include the drawbar;

"length (pony trailer)"  means the longitudinal dimension from the centre of the hitching device of the pony trailer to its rearmost point;

"lift axle"  means an axle equipped or designed with any device to raise or lock the axle in a raised position;

"load securement device"  means

(a) a tie down, binder, lock, chain, cable, belt, rope, winch, cinch, hook or covering, or

(b) a door handle, door lock, door hinge or bunk cable guide required under Division 35 of the Motor Vehicle Act Regulations;

"logging truck"  means a truck or truck and trailer combination used to haul, in their natural state, green felled or bucked logs or poles;

"lowbed semi-trailer"  means a semi-trailer that has a depressed deck area;

"manufacturer"  means

(a) in the case of a vehicle, the company whose name appears on the statement of compliance and to which a National Safety Mark has been issued, and

(b) in the case of a tire, the company whose name appears in the side wall of the tire;

"overall length"  means the greatest overall longitudinal dimension of a vehicle or combination of vehicles including load;

"permanently mounted equipment"  means a

(a) heavy duty crane mounted on a truck tractor or truck,

(b) hydraulic or main-engine winch, power-driven off the engine,

(c) chassis-mounted rotating ready-mix concrete drum,

(d) dump box with tilt cylinders or a multi-stage tilt cylinder mounted behind the cab,

(e) liquid tank if 100% of a liquid tanker straight truck's payload and capacity consists of a liquid load, or

(f) liquid tank associated with hydro-vac equipment if it is designed and used to excavate trenches and holes hydraulically and vacuum the loosened material into the liquid tank, but does not include conventional vacuum truck equipment;

"pole trailer"  means a vehicle without motive power designed to be drawn by another vehicle and to be attached to the towing vehicle by means of a reach or pole, or by being boomed to the other vehicle, and which is ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes or structural members;

"pony trailer"  means a vehicle that is designed to be towed by a truck by means of a rigidly attached structure and is so designed and used that the preponderance of its weight and load is carried on one axle unit of the vehicle;

"reefer van"  means a trailer or semi-trailer equipped with either a refrigeration unit or a heating unit or both;

"self steering axle"  means an axle on which the wheels turn left and right on one or more essentially vertical axes but their turning is not controlled by means of the steering wheel in the operator's compartment;

"semi-trailer"  means a vehicle without motive power, designed so that a substantial part of its weight and load rests on and is carried by the truck, truck tractor, another semi-trailer or a trailer converter dolly to which it is attached by a fifth wheel coupler;

"single axle"  means one axle or 2 consecutive axles having an axle spread of less than 1.0 m;

"steering axle"  means an axle on which the wheels turn left and right on one or more essentially vertical axes and their turning is controlled by, and in direct proportion to, the rotation of the steering wheel in the operator's compartment;

"super single tire"  means a non-steering tire that has a tire width of 445 mm or larger and a bead diameter of 49.5 cm or larger and that meets the requirements of the Motor Vehicle Tire Safety Regulations (Canada);

"tandem axle"  means 2 or more equally spaced consecutive axles, having an axle spread of not less than 1.0 m nor more than 1.85 m;

"tandem drive axle"  means a tandem axle that is connected to the power source of a motor vehicle and that transmits tractive power to all wheels;

"towing dolly"  means a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing the motor vehicle behind another motor vehicle;

"trailer converter dolly"  means a vehicle unit which consists of one or more axles, a fifth wheel and a drawbar, and is used to convert a semi-trailer to a full trailer;

"trailer wheelbase"  means the longitudinal distance from the centre of the kingpin of a semi-trailer, or the centre of the turntable of a full trailer, or the centre of the hitching device on a pony trailer, to the trailer turn centre;

"tridem axle"  means 3 equally spaced consecutive axles, having an axle spread of not less than 2.4 m nor more than 3.7 m on TAC semi-trailers and trailers or having an axle spread of not less than 2.4 m nor more than 2.5 m on TAC pony trailers;

"tridem drive axle"  means 3 equally spaced consecutive engine-driven axles having an axle spread of not less than 2.4 m and not more than 2.8 m, and an axle track width of not less than 2.4 m and not more than 2.6 m for axles that are equipped with either dual wheels or tires, or an axle track width of not less than 2.5 m and not more than 2.6 m for axles that are equipped with super single tires on each track;

"tridem pole trailer"  means a pole trailer which contains a tridem axle in which all axles are fixed to a common structure;

"tridem tractor"  means a truck tractor that is equipped with single or tandem steering axles and a tridem drive axle;

"truck"  means a motor vehicle, other than a bus, that is either permanently fitted with special equipment or is designed to and normally used to carry a load, and that may operate as a single unit or may pull a full trailer or pony trailer;

"truck tractor"  means a motor vehicle, having a net weight of more than 4 000 kg, that is equipped with a fifth-wheel coupler or a centre rotatable log bunk mounted on a bolster affixed to the vehicle's chassis, and includes an auto carrier with an underslung fifth wheel coupler and a truck tractor with a load box;

"truck tractor wheelbase"  means the longitudinal distance from the centre of the front steering axle to the geometric centre of the drive axle unit;

"turn centre"  means the geometric centre of the axle group on a semi-trailer or pony trailer or the rear axle group on a truck, truck tractor, full trailer or bus;

"vehicle"  means a commercial vehicle, trailer or semi-trailer as defined in the Act;

"width of tire"  means, with respect to rubber tires, the width of the tire as customarily measured and rated by manufacturers of motor vehicles and tires and, with respect to metal tires or solid rubber tires, the transverse width of the outer circumference of the metal tire or solid rubber tire.

[am. B.C. Regs. 2/83, s. 1; 143/84, s. 1; 244/84; 290/86, s. 1; 353/88, Sch. 1, s. 1; 416/88; 76/92, s. 1; 454/92, s. 1; 22/94, s. 1; 2/96; 12/97, s. 1; 251/97, s. 1; 267/97, s. 1; 413/97, App. 6, s. 1; 3/98, s. 1; 460/98; 373/99, s. 1; 401/99; 3/2003, s. 1; 546/2004, App. s. 6; 95/2006, s. 1; 337/2010, Sch. 1, s. 1.]

Division 2 — Application

Application

2.01The definitions in section 1 of the Act, section 1 of the Motor Vehicle Act and section 1 of the Motor Vehicle Act Regulations apply to these regulations, but if there is any conflict between those definitions and the definitions under these regulations, the latter shall prevail.

[am. B.C. Reg. 353/88, Sch. 1, s. 2.]

Division 3 — Repealed

Repealed

3.01–3.02Repealed. [B.C. Reg. 280/2006.]

Repealed

3.03Repealed. [B.C. Reg. 76/92, s. 2.]

Division 4 — Repealed

Repealed. [B.C. Reg. 447/2004, s. 1.]

Division 5 — Quarterly and Short Term Licences

Prohibition — logging trucks

5.01No person shall drive or operate on a highway a logging truck which has been licensed under section 5.02 for the transportation of any commodity other than logs or poles, with or without bark, or machinery and supplies used in connection with a logging operation.

Logging trucks — quarterly licences

5.02In the case of a logging truck with a licensed gross vehicle weight exceeding 20 062 pounds (9 100 kg) the Insurance Corporation of British Columbia may issue a licence for a 3 month period on payment of

(a) 1/4 of the annual licence fee rounded to the nearest dollar, and any amount ending in 50¢ shall be raised to the next higher dollar, and such a licence fee shall be known as a "Quarterly Licence",

(b) the premium payable under the Insurance (Vehicle) Act, and

(c) the proper fee, including the premium payable under the Insurance (Vehicle) Act, the corporation may renew a licence issued under this section for any quarter or for the remainder of the licence year.

[am. B.C. Regs. 311/96, s. 5; 144/2007.]

Duration of licence

5.03(1)  Repealed. [subsection (3).]

(2)  For the purpose of section 5.02 a 3 month period shall begin on the first day of January, April, July or October and shall end on the last day of March, June, September or December respectively, and every quarterly licence shall expire at midnight on the last day of the 3 month period for which it was issued.

(3)  Spent.

[am. B.C. Reg. 136/79, s. 3.]

Repealed

5.04–5.05Repealed. [B.C. Reg. 143/84, s. 4.]

Duration of licence

5.06The Insurance Corporation of British Columbia may issue a licence for a term of less than 12 months but not less than 3 months for a commercial vehicle, trailer or semi-trailer that may be licensed under the Act and is not

(a) described by section 5.02,

(b) described by section 6 (13) of the Act, or

(c) a commercial vehicle covered under section 10 of the Act.

[en. B.C. Reg. 2/92; am. B.C. Reg. 311/96, s. 6.]

Division 6 — Non-resident Vehicles

Interpretation

6.01In this Division:

"authorized person"  means

(a) the Insurance Corporation of British Columbia,

(b) a person who is designated in writing by the corporation by name or position, or

(c) a person who is employed in the ministry of a minister who is responsible in whole or in part for administration of the Act;

"interjurisdictional movement"  means, in respect to a commercial vehicle, one or more of the following:

(a) the delivery of goods or persons from a place outside British Columbia to a place in British Columbia;

(b) the picking up of goods or persons from a place in British Columbia for delivery outside British Columbia;

(c) the transportation of goods or persons through British Columbia;

"intrajurisdictional movement"  means, in respect to a commercial vehicle, travel within British Columbia, including the picking up and delivery of goods or persons.

[en. B.C. Reg. 131/2006.]

Non-resident commercial vehicle permit

6.02(1)  An authorized person may issue a permit under this Division for a commercial vehicle registered or licensed outside British Columbia

(a) on application in the form required by the Insurance Corporation of British Columbia,

(b) on receipt of proof of financial responsibility that is satisfactory to the corporation,

(c) on payment of the fee referred to in section 6.03, and

(d) if the commercial vehicle is required to have a licence or temporary operating permit under the Passenger Transportation Act, with the approval of the Registrar of Passenger Transportation appointed under that Act.

(2)  If a permit under this Division is issued in respect of a commercial vehicle, the commercial vehicle may be operated for one or more of the following purposes, as applicable:

(a) interjurisdictional movement;

(b) intrajurisdictional movement of a commercial vehicle with a licensed gross vehicle weight of less than 11 794 kg;

(b.1) Repealed. [B.C. Reg. 206/2009, s. 2.]

(c) movement into and within British Columbia of a commercial vehicle the load of which is specialized equipment that is permanently attached to the commercial vehicle or that is intrinsic to the purpose of the commercial vehicle.

[en. B.C. Reg. 131/2006; am. B.C. Regs. 313/2008, App. s. 1 (a); 206/2009, ss. 1 (a) and 2.]

Calculation of fee for permit

6.03The fee for a permit under this Division is 1/4 of the annual licence fee prescribed in the Commercial Transport Fees Regulation for a commercial vehicle of like gross vehicle weight,

(a) rounded down to the next lower dollar in the case of an amount of $0.49 or lower, or

(b) rounded up to the next higher dollar in the case of an amount of $0.50 or higher.

[en. B.C. Reg. 131/2006.]

Non-resident commercial vehicle permit is temporary

6.04(1)  A permit under this Division may be issued only for a 3 month period.

(2)  A 3 month period begins on the first day of January, April, July or October and ends on the last day of March, June, September or December, respectively.

(3)  Repealed. [B.C. Reg. 206/2009, s. 2.]

[en. B.C. Reg. 131/2006; am. B.C. Reg. 206/2009, ss. 1 (b) and 2.]

No display of permit after expiration

6.05An operator of a commercial vehicle must not display on a vehicle operated by him or her a permit issued under the Act or this regulation after the expiration of the term of the permit.

[en. B.C. Reg. 131/2006.]

Division 7 — Size and Weight

Application of Division

7.01(1)  Except for section 7.02 (3), this Division applies only to

(a) highways in unorganized territory,

(b) an arterial highway within the meaning of the Transportation Act, and

(c) highways under the jurisdiction of the Greater Vancouver Transportation Authority.

(2)  Except for sections 7.05, 7.06 and 7.08 (6), dimensional requirements of this Division apply only to vehicles with a gross vehicle weight rating of 6 000 kg or more.

(3)  Unless otherwise indicated, this Division applies to vehicles with or without a load.

[en. B.C. Reg. 95/2006, s. 3.]

Permits

7.02(1)  The minister, or any person authorized by the minister, may, by general authority or by the issuance of a permit number or written permit, authorize the driving or operation on a highway of a commercial vehicle that does not conform to the weight and dimension specifications of this Division, and the fee for the permit is that specified in the Commercial Transport Fees Regulation.

(2)  A person who is issued a permit number under subsection (1) without a written permit must report to an inspection station to obtain a written permit at the first opportunity.

(3)  The minister or a person authorized by him may, by a general authority or by a written permit, authorize the crossing by a commercial vehicle of

(a) a highway in unorganized territory or an arterial highway in a municipality, or

(b) if an officer of the municipality has given written approval to an application for crossing, a highway, other than an arterial highway, in the municipality,

and the fee must be in accordance with the Commercial Transport Fees Regulation.

(4)  Any driver, operator or owner of any vehicle or other person who violates any of the conditions contained in any permit issued under subsection (1) or (3) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $500 or to a term of imprisonment not exceeding 3 months, or both.

(5)  The minister or any person authorized by the minister, or any peace officer, may amend, vary or rescind permits issued under subsection (1) or (3).

(6)  As a prerequisite to the issuance of a permit under subsection (1) or (3), the minister may require the applicant for the permit to deposit with the minister charged with the administration of the Transportation Act, or a person acting on that minister's behalf, a sum of money in an amount sufficient, in the opinion of that minister, to pay the cost of repairing any damage that may be done to the highway, a public structure or a bridge by reason of the driving or operation of the vehicle on the highway, public structure or bridge.

(7)  If the term of the permit issued under subsection (1) or (3) extends beyond a single journey, the applicant must deposit, on account of the fee prescribed in the Commercial Transport Fees Regulation, a sum of money equal to the estimated charges for the permit.

(8)  The fee to be charged for a single trip overload permit under the Commercial Transport Fees Regulation must be based on the total number of kilometres of operation of the overloaded vehicle during the term of the permit.

(9)  An applicant for an oversize, overload or highway crossing permit may deposit with the minister, or with a person designated by the minister, a sum of money considered by the minister to be sufficient to secure the payment of the fees for such permits as may be required by the applicant, and the applicant must pay the permit fee on receipt of a bill from the ministry.

(10)  If an applicant fails to pay the fees charged under subsection (9), the minister, or a person authorized by the minister, may refuse any further applications for permits, and may cancel any existing permits until the delinquent fees are paid.

(11)  A person must not use a permit for the driving or operation of a vehicle other than the vehicle for which the permit was issued.

(12)  If the term of an overload permit extends beyond a single journey, a monthly fee must be charged according to the Commercial Transport Fees Regulation.

(13)  A permit or permit number issued under the Act and these regulations must be carried in the vehicle at all times when it is operating on a highway.

(14)  No permit is transferable from one vehicle to another, but if a vehicle has been sold, destroyed or exported from the Province, a substitute permit containing the same conditions as the original permit may be issued without fee and validated for the term of the original permit.

(15)  Unless expressly permitted by the conditions of a permit, a person must not drive or operate an oversize vehicle or load on a Sunday or a general holiday.

(16)  A person must not, without a permit or general authority issued under subsection (1), drive or operate a vehicle or combination of vehicles on a highway unless the vehicle or combination of vehicles, including its load, conforms to the weight, configuration, equipment and dimension specifications of this Division, including Appendices B, C, D, E, F, G, H and I.

[en. B.C. Reg. 95/2006, s. 3.]

Scales

7.03(1)  The driver of a vehicle on a highway, when so required by a peace officer or by any person authorized by the minister, must

(a) stop the vehicle at the time and place specified by the peace officer or authorized person for the purpose of weighing the whole or part of the vehicle by means of stationary or portable scales, measuring the dimensions of the vehicle and load, measuring and inspecting the tires, inspecting the load carried, or for any other purpose under the Act or these regulations,

(b) stop the vehicle if the vehicle or the load it is carrying is, in the opinion of the peace officer or the inspector, unsafe for operation on the highways and fix the defect in the vehicle or secure the load, as the case may be, before proceeding,

(c) drive the vehicle onto the nearest public stationary or portable scales for the purpose of weighing the vehicle and load, or

(d) rearrange the load on the vehicle or remove the whole or part of the load from the vehicle in order to comply with the provisions of the Act, regulations or permit before continuing to drive or operate the vehicle.

(2)  The driver of a vehicle on a highway, when directed by a traffic sign on the highway to report to scales, must drive the vehicle onto the scales for the purpose of weighing the whole or part of the vehicle by means of stationary or portable scales, measuring the dimensions of the vehicle and load, measuring and inspecting the tires, inspecting the load carried, or for any other purpose under the Act or these regulations.

(3)  Subsection (2) does not apply to the driver of a commercial vehicle of a licensed gross vehicle weight not exceeding 5 500 kg.

(4)  If a lease is made under section 13 (4) of the Transportation Act, or an agreement entered into under section 66 (3) of the Transportation Act, by the minister charged with the administration of the Transportation Act, that minister may prescribe in the lease or by separate document such conditions and requirements in respect of the driving or operation of vehicles covered by the lease on the highway or highways covered by the lease as that minister considers necessary.

[en. B.C. Reg. 95/2006, s. 3.]

Application of sections 7.05 to 7.31

7.04(1)  The requirements of this Division concerning vehicle weights and dimensions do not apply to a person who is driving or operating a commercial vehicle engaged in the construction of, and operating within the boundaries of, a highway construction project.

(2)  Section 7.06 does not apply to a person who is driving or operating

(a) an implement of husbandry on a highway during the hours of daylight, or

(b) a vehicle registered in the name of

(i)  the ministry of the minister charged with the administration of the Transportation Act, or

(ii)  a municipality

and that is operated for the purposes of road maintenance or snow removal.

(3)  If the overall width of an implement of husbandry for which a person is exempted under subsection (2) (a) is 3.7 m or more, a sign as described in section 8.03 must be mounted on the front and a flag as described in section 8.05 must be mounted on each of the 4 corners of the implement of husbandry.

(4)  Sections 7.15 to 7.17 and 7.20 and Appendices B to I do not apply to vehicles being operated by

(a) the ministry of the minister charged with the administration of the Transportation Act, or

(b) a municipality

while the vehicle is operated for the distribution of material on the highway for the purpose of improving traction and is

(c) travelling to the place on the highway where distribution of the material carried by the vehicle begins, or

(d) distributing the material on the highway.

(5)  Despite any other provision of these regulations or of a permit issued under these regulations, the maximum height, length or width of a vehicle or vehicle and load allowable on a highway or portion of a highway is the maximum indicated by a sign posted under section 66 of the Transportation Act.

(6)  A person must not, without a permit issued under the Act and regulations, drive or operate a vehicle or combination of vehicles over a bridge if the gross weight on an axle or group of axles or the gross vehicle weight is in excess of a load limit posted on or adjacent to that bridge by the minister charged with the administration of the Transportation Act.

(7)  A bridge load limit for tridem axles posted on or adjacent to a bridge by the minister charged with the administration of the Transportation Act applies also to any group of 3 axles having a spread of 3.7 m or less.

[en. B.C. Reg. 95/2006, s. 3.]

Vehicle height

7.05(1)  A person must not, without a permit, drive or operate a vehicle having a height in excess of 4.15 m.

(2)  Despite subsection (1), if a vehicle is equipped at the top with a tarp system with roll-up tarp backstops consisting of short, non-retractable metal straps which extend upwards to secure the roll-up tarp, the overall height of the vehicle, including the backstops, must not exceed 4.3 m, and the overall height of the load must not exceed 4.15 m.

(3)  Despite subsections (1) and (2), a person must not, without a permit, drive or operate a vehicle on a highway if the overall height of the vehicle is greater than the height limit indicated on a low clearance warning sign posted on the highway.

[en. B.C. Reg. 95/2006, s. 3.]

Vehicle width

7.06A person must not, without a permit, drive or operate on a highway a vehicle having a total outside width in excess of 2.6 m, but not including the following as part of that width:

(a) loose hay, straw or fodder projecting over the sides of the vehicle to a total outside width not in excess of 3.1 m;

(b) one or more mirrors, fitted for the purpose of conforming to the requirements of the Motor Vehicle Act Regulations, which do not extend more than 30 cm on each side beyond the total width of vehicle and load otherwise permitted by this section;

(c) auxiliary equipment or devices that are not designed or used to carry cargo and do not extend more than 10 cm on each side beyond the total width of vehicle and load otherwise permitted by this section, including, but not limited to, anti-splash and spray devices, load securement devices, ladders, glad hands, air connectors, electrical connectors, hydraulic connectors, clearance lamps and dangerous goods placards;

(d) 445-mm-wide tires, fitted to the steering axles of a truck or truck tractor manufactured before January 1, 2005, that extend up to a maximum of 10 cm on either side of the vehicle beyond the maximum vehicle width of 2.6 m.

[en. B.C. Reg. 95/2006, s. 3; am. B.C. Reg. 128/2008, s. 1.]

Vehicle axle width

7.07(1)  A person must not, without a permit, drive or operate a semi-trailer, pony trailer, or full trailer unless

(a) if the semi-trailer, pony trailer or full trailer was manufactured after August 31, 1988 and before January 1, 1994 and is not equipped with super single tires, the axle track width of each single axle, each tandem axle and each tridem axle is

(i)  if the width of the semi-trailer, pony trailer or full trailer body is 2.5 m or more, not less than 2.5 m nor more than 2.6 m, and

(ii)  if the width of the semi-trailer, pony trailer or full trailer body is less than 2.5 m, not less than 2.4 m,

(b) if the semi-trailer, pony trailer or full trailer was manufactured after December 31, 1993 and is not equipped with super single tires, the distance across the outside of the tires on each single axle, each tandem axle and each tridem axle is not less than 2.5 m and not more than 2.6 m,

(c) if the semi-trailer, pony trailer or full trailer was manufactured before January 1, 2010 and is equipped with super single tires, the distance across the outside of the tires on each single axle, each tandem axle and each tridem axle is not less than 2.3 m and not more than 2.6 m, and

(d) if the semi-trailer, pony trailer or full trailer was manufactured after December 31, 2009 and is equipped with super single tires, the distance across the outside of the tires on each single axle, each tandem axle and each tridem axle is not less than 2.5 m and not more than 2.6 m.

(2)  Subsection (1) does not apply to container chassis trailers used exclusively in the transportation of multi-modal shipping containers.

(3)  All axles on a trailer must be of equal width.

[en. B.C. Reg. 95/2006, s. 3; am. B.C. Regs. 128/2008, s. 2; 337/2010, Sch. 1, s. 2.]

Vehicle length

7.08(1)  Subject to subsections (2) to (5), a person must not drive or operate a vehicle or vehicle combination unless it conforms to the vehicle dimensions specified for that vehicle or vehicle combination in Appendix B, C, D, E, F, G, H or I to these regulations.

(2)  A vehicle's overall length is to be determined for the purposes of subsection (1) without including the following as part of that length:

(a) an air deflector, heater or refrigerator unit attached to the front of the vehicle;

(b) the draw bar of a full trailer if the draw bar articulates in the horizontal plane relative to the main load-carrying structural component of the trailer;

(c) auxiliary equipment or devices that are not designed or used to carry cargo and do not extend more than 30 cm beyond the front or 10 cm beyond the rear of the vehicle, including, but not limited to, air connectors, electrical connectors, hydraulic connectors, rollers, pickup plates, bumpers, ladders, glad hands, load securement devices or dangerous goods placards;

(d) a platform mounted on the front upper portion of a trailer to a maximum horizontal length of 1 m, if the platform is used exclusively to assist in the installation or securing or both of load securement devices;

(e) an aerodynamic device installed at the rear of the truck, trailer or semi-trailer if

(i)  any portion of the device more than 1.9 m above the ground does not protrude more than 0.61 m beyond the rear of the vehicle,

(ii)  any portion of the device within 1.9 m of the ground does not protrude more than 0.305 m beyond the rear of the vehicle, and

(iii)  the aerodynamic device is not designed or used to carry cargo.

(3)  A bus, including a bus converted into a motor home, may have an overall length, including all ancillary equipment, of

(a) 12.5 m for a two-axle bus, and

(b) 14 m for a three-axle-bus.

(4)  Despite subsection (3), a bus may have an overall length of up to 20 m if

(a) it has an articulation point between the passenger carrying sections of the bus,

(b) the distance from the articulation point to the front or rear of the bus does not exceed 12.5 m, and

(c) movement of passengers between the articulated sections of the bus is possible at all times while the bus is being operated on a highway.

(5)  A person must not, without a permit, drive or operate a vehicle combination, including an under-slung fifth wheel semi-trailer, with a length of more than 14.65 m, as measured from the kingpin to the rearmost point of the trailer.

(6)  A person must not, without a permit, drive or operate

(a) except as provided in paragraph (b), a single vehicle having an overall length in excess of 12.5 m,

(b) a trailer having an overall length in excess of 12.5 m, but not including the following as part of that length:

(i)  an air deflector, heater or refrigerator unit attached to the front of the trailer;

(ii)  the draw bar of the trailer if the draw bar articulates in the horizontal plane relative to the main load-carrying structural component of the trailer;

(iii)  auxiliary equipment or devices that are not designed or used to carry cargo and do not extend more than 30 cm beyond the front or 10 cm beyond the rear of the vehicle, including, but not limited to, air connectors, electrical connectors, hydraulic connectors, rollers, pickup plates, bumpers, ladders, glad hands, load securement devices or dangerous goods placards;

(iv)  a platform mounted on the front upper portion of the trailer if the platform is used exclusively to assist in the installation or securing or both of load securement devices,

(c) subject to section 7.27 (1), a combination of 2 or more vehicles

(i)  if the combination contains one articulation point, having an overall length, including its load, in excess of 20 m, and

(ii)  if the combination contains more than one articulation point, having an overall length, including its load, in excess of 23 m,

(d) a vehicle combination consisting of a jeep and low-bed semi-trailer as allowed by section 7.22 if the combination has an overall length in excess of 23 m, or

(e) a combination of vehicles that contains a licensed booster axle assembly mounted to the rear of a semi-trailer lowbed and has an overall length that exceeds 23.0 m.

[en. B.C. Reg. 95/2006, s. 3; am. B.C. Reg. 128/2008, s. 3.]

Load sharing

7.09A person must not, without a permit, drive or operate a combination of vehicles if the load is supported by more than one vehicle in combination except

(a) a logging truck in combination with a pole trailer equipped with a compensating reach, or

(b) if the load is supported at an articulation point by a fifth wheel coupler and kingpin, a pintle hook and lunette eye assembly or a turntable.

[en. B.C. Reg. 95/2006, s. 3.]

Axle units

7.10A person must not, without a permit, drive or operate on a highway a truck tractor in combination with

(a) a semi-trailer on which more than one axle unit is in contact with the ground, or

(b) a trailer converter dolly equipped with tridem axle unit.

[en. B.C. Reg. 95/2006, s. 3.]

Lift axles

7.11(1)  A person must not, without a permit, drive or operate on a highway a vehicle or a combination of vehicles in which a control is provided for varying the weight on an axle or group of axles, unless

(a) the control locks or unlocks a sliding fifth wheel coupler,

(b) the vehicle is a ready mix concrete truck and the control is manually operated and located outside the driver compartment and immediately adjacent to the axle or group of axles being affected, or

(c) the control is an automatic axle lift device that

(i)  was installed on the trailer by

(A)  the original trailer manufacturer, or

(B)  an installer working under the supervision of, and according to an installation plan developed by, a professional engineer, and

(ii)  is equipped with tamper-resistant features to prevent unintended field adjustments,

and the trailer on which it is installed

(iii)  has affixed on each side, near the affected axles, a unique logo indicating that an automatic axle lift device is installed on the trailer, and

(iv)  is equipped with an on/off control to operate the automatic axle lift device and with a status light visible from the cab to indicate to the driver when the device is activated.

(2)  A person must not, without a permit, drive or operate a vehicle or vehicle combination with lift axles in contact with the ground if the vehicle is

(a) not also equipped with an automatic lift axle that meets the requirements set out in subsection (1) (c) (i) and (ii), or

(b) a pole trailer.

[en. B.C. Reg. 95/2006, s. 3; am. B.C. Reg. 97/2009, s. (a).]

Self steering axles

7.12A person must not, without a permit, drive or operate on a highway a vehicle or a vehicle combination equipped with a self steering axle if the tires of the self steering axle are in contact with the ground, unless the vehicle or one vehicle in the vehicle combination is

(a) a tandem drive ready-mix concrete truck equipped with a self steering booster axle, or

(b) a jeep, an A or C converter dolly or a full trailer, and the jeep, dolly or trailer is equipped with a self steering axle in the front axle group.

[en. B.C. Reg. 95/2006, s. 3.]

Licensed GVW

7.13The maximum licensed gross vehicle weight of a vehicle or combination of vehicles must not exceed 63 500 kg.

[en. B.C. Reg. 95/2006, s. 3.]

Overload

7.14(1)  For the purpose of issuing overload permits, "overload" means

(a) any positive weight difference between

(i)  the axle weight and the maximum axle unit weight or the maximum gross weight for a group of axles allowed under these regulations,

(ii)  the gross vehicle weight and the gross vehicle weight allowed for the particular vehicle or vehicle combination under these regulations,

(iii)  the gross vehicle weight and the licensed gross vehicle weight, or

(iv)  the axle or gross vehicle weight and the maximum axle or gross vehicle weight as posted on a highway sign, or

(b) the total weight of any axle unit or group of axles, beyond 27.5 m overall length, of an empty (no load) vehicle combination.

(2)  Subject to sections 7.04 (6) and 7.13, a person must not, without a permit, drive or operate on a highway a vehicle or a combination of vehicles if the gross weight of the vehicle or combination of vehicles exceeds 63 500 kg.

[en. B.C. Reg. 95/2006, s. 3.]

Maximum gross weight for tires

7.15A person must not, without an overload permit, drive or operate on a highway a vehicle loaded or configured so that the gross weight on a tire exceeds either

(a) the manufacturer's rated capacity for the tire, or

(b) the tire load specified for that vehicle or vehicle combination in Appendix B, C, D, E, F, G, H or I.

[en. B.C. Reg. 95/2006, s. 3.]

Maximum gross weight for axles

7.16(1)  A person must not, without an overload permit, drive or operate on a highway a vehicle loaded or configured so that

(a) the gross weight on an axle exceeds the manufacturer's rated capacity for that axle or for the brake or suspension system with which the axle is equipped,

(b) the gross weight on an axle exceeds 9 100 kg,

(c) the gross weight on any one axle of a tridem or tandem axle group exceeds 9 100 kg,

(d) the axle weight difference between adjacent axles exceeds 1 000 kg,

(e) except in the case of a tridem pole trailer, the gross weight on any two adjacent axles in a tridem axle group exceeds 17 000 kg,

(f) the gross weight on the steering axle of an all-wheel-drive three axle truck tractor exceeds 7 500 kg, or

(g) the sum of the axle loads on the drive axles and jeep axle in a tandem drive truck tractor in combination with a single axle jeep and lowbed semi-trailer exceeds the greater of 24 000 kg or the weight allowed under the table in section 7.17.

(2)  Subsection (1) does not apply to a vehicle described in section 19.11 (3) or (4) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

(3)  Despite anything in an overload permit, if a posted sign on a highway restricts vehicles by weight, the posted restriction applies.

[en. B.C. Reg. 95/2006, s. 3.]

Maximum gross weight for axle groups

7.17(1)  This section does not apply to drivers or operators of vehicles described in appendices C, D and G.

(2)  A person must not, without an overload permit, drive or operate on a highway a vehicle or combination of vehicles having a group of axles within a spacing of 8 m or less if the group of axles carries, along any 8 m axle length, the gross weight indicated in column 2 of the table opposite the distance between the centres of the first and last axle of the group indicated in column 1:

Column 1Column 2
Distance between the centres of
the first axle and last axle of any
group of axles of a vehicle or
combination of vehicles
Maximum
gross weight,
group of axles
less than1.00 m9 100 kg
1.00 mup to but not including1.20 m16 500 kg
1.20 m"1.90 m17 000 kg
1.90 m"2.30 m18 000 kg
2.30 m"2.60 m19 000 kg
2.60 m"3.00 m20 000 kg
3.00 m"3.40 m21 000 kg
3.40 m"3.80 m22 000 kg
3.80 m"4.20 m23 000 kg
4.20 m"4.60 m24 000 kg
4.60 m"5.00 m25 000 kg
5.00 m"5.30 m26 000 kg
5.30 m"5.70 m27 000 kg
5.70 m"6.10 m28 000 kg
6.10 m"6.50 m29 000 kg
6.50 m"6.90 m