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TEXAS TRANSPORTATION COMMISSION

 

ALL Counties

MINUTE ORDER

Page 1 of 1

ALL Districts

The Texas Transportation Commission (commission) finds it necessary to adopt the repeal of Chapter 8, Motor Vehicle Distribution, Chapter 17, Vehicle Titles and Registration, and Chapter 18, Motor Carriers.

The preambles and the adopted repeals, attached to this minute order as Exhibits A - F, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the General Counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register.

IT IS THEREFORE ORDERED by the commission that the repeal of Chapter 8, Motor Vehicle Distribution, Chapter 17, Vehicle Titles and Registration, and Chapter 18, Motor Carriers are adopted and are authorized for filing with the Office of the Secretary of State.

The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001.

Submitted and reviewed by:

 

Recommended by:

 

 

 

 

 

 

 

 

General Counsel

Executive Director

 

 

 

 

 

 

 

 

 

 

 

Minute

Date

 

 

 

Number

Passed

Texas

Department of Transportation

Page 1 of 2

Motor

Vehicle Distribution

 

1

Adoption Preamble

2The Texas Department of Transportation (department) adopts the

3 repeal of §§8.1 - 8.6, 8.21 - 8.58, 8.81 - 8.88, 8.101 - 8.114, 4 8.131 - 8.160, 8.171 - 8.181, 8.201 - 8.210, 8.241 - 8.271, and 5 8.301 - 8.317, all concerning 43 TAC Chapter 8, Motor Vehicle 6 Distribution. The repeal of §§8.1 - 8.6, 8.21 - 8.58, 8.81 - 7 8.88, 8.101 - 8.114, 8.131 - 8.160, 8.171 - 8.181, 8.201 -

8 8.210, 8.241 - 8.271, and 8.301 - 8.317 are adopted without

9 changes to the proposed text as published in the March 12, 2010

10issue of the Texas Register (35 TexReg 2131) and will not be

11republished.

12

13EXPLANATION OF ADOPTED REPEALS

14The legislature at its 2009 Regular Session enacted House Bill

15No. 3097, which created the Texas Department of Motor Vehicles

16(DMV) and transferred to the DMV the powers, duties,

17obligations, and rights of action of the department's vehicle

18titles and registration division and motor vehicle division, the

19Automobile Burglary Theft Prevention Authority, and the part of

20the department's motor carrier division responsible for motor

21carrier registration and the enforcement of Transportation Code,

22Subtitle F, Title 7, which relates to the regulation of vehicles

23and traffic. The legislation transferred the rules of the Texas

24Transportation Commission (commission) related to those powers,

25duties, obligations, and rights of action to the governing board

OGC: 04/13/10 12:15 PM

Exhibit A

Texas

Department of Transportation

Page 2 of 2

Motor

Vehicle Distribution

 

1of the DMV effective November 1, 2009.

2

3 The repeal of Chapter 8, Motor Vehicle Distribution, removes the 4 sections that previously regulated motor vehicle dealers,

5 manufacturers, distributors, converters, representatives,

6 lessors, and lease facilitators, in accordance with Occupations 7 Code, Chapter 2301, and Transportation Code, Chapter 503. The 8 regulation of those entities will be under the DMV rules

9 contained in 43 TAC Chapter 215, Motor Vehicle Distribution,

10which were adopted by the Board of the Texas Department of Motor

11Vehicles in January 2010.

12

13COMMENTS

14No comments on the proposed repeals were received.

16STATUTORY AUTHORITY

17The repeals are adopted under Transportation Code, §201.101,

18which provides the commission with the authority to establish

19rules for the conduct of the work of the department.

21CROSS REFERENCE TO STATUTE

22None.

OGC: 04/13/10 12:15 PM

Exhibit A

 

Texas Department of Transportation

Page 1 of 9

 

Motor Vehicle Distribution

 

1

CHAPTER 8. MOTOR VEHICLE DISTRIBUTION

 

2SUBCHAPTER A. GENERAL PROVISIONS

3 §8.1 Scope and Purpose

4§8.2 Definitions; Conformity with Statutory Requirements

5§8.3 Duties and Powers of Director

6 §8.4 Formal Opinions

7 §8.5 Informal Opinions

8 §8.6 Exempted Actions

9

10

SUBCHAPTER B. ADJUDICATIVE PRACTICE AND PROCEDURE

11

§8.21

Objective

 

12

§8.22

Prohibited Disclosures and Communications

13

§8.23

Appearances

14

§8.24

Petitions

 

15

§8.25

Affidavits

 

16

§8.26

Form of Petitions, Pleadings, and the Like

17

§8.27

Complaints

 

18

§8.28

Docket

 

19

§8.29

Computing

Time

20

§8.30

Filing of

Documents

21

§8.31

Cease and

Desist Orders

22

§8.32

Enlargement of Time

23

§8.33

Expenses of Witness or Deponent

 

NOTE:

Repeals

Exhibit B

 

OGC:

04/13/10 12:16

PM

Texas

Department of Transportation

Page 2 of 9

Motor

Vehicle Distribution

 

1 §8.34 Institution of Adjudicative Proceedings

2§8.35 Notice of Hearing in Adjudicative Proceedings

3

§8.36

Reply

4

§8.37

Hearings To Be Public

5§8.38 Recording and Transcriptions of Hearing Cost

6

§8.39

Joint Record

7

§8.40

Waiver of Hearing

8

§8.41

Postponement of Hearing

9

§8.42

Presiding Officials

10

§8.43

Conduct of Hearing

11

§8.44

Conduct and Decorum

12

§8.45

Evidence

13

§8.46

Stipulation of Evidence

14

§8.47

Objections and Exceptions

15

§8.48

Motions

16

§8.49

Briefs

17

§8.50

Service of Pleading, Petitions, Briefs, and the Like

18

§8.51

Submission

19§8.52 Findings and Recommendations of Hearing Officer

20§8.53 Filing of Exceptions

21§8.54 Form of Exceptions

22§8.55 Replies to Exceptions

23§8.56 Final Decision

NOTE:

Repeals

Exhibit B

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04/13/10 12:16 PM

 

Texas

Department of Transportation

Page 3 of 9

Motor

Vehicle Distribution

 

1 §8.57 Submission of Amicus Briefs

2§8.58 Format for Documents Filed with the Director

3 Subsequent to the Issuance of a Proposal for Decision 4

5 SUBCHAPTER C. LICENSES, GENERALLY

6 §8.81

Objective

7 §8.82 Administration of Licensing Fees

8 §8.83 Renewal of Licenses

9 §8.84 Brokering, New Motor Vehicles

10 §8.85 Brokering, Used Motor Vehicles

11§8.86 Processing of License Applications, Amendments, or

12Renewals

13§8.87 License Terms and Fees

14§8.88 Transition Period for the Issuance of Two-Year

15Licenses

16

17SUBCHAPTER D. FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS,

18CONVERTERS AND REPRESENTATIVES

19

§8.101

Objectives

 

20

§8.102

Representatives

 

21

§8.103

Service-Only Facility

 

22

§8.104

Amended License

 

23

§8.105

Notification of License Application; Protest

 

NOTE: Repeals

Exhibit B

 

OGC:

04/13/10 12:16 PM

 

Texas

Department of Transportation

Page 4 of 9

Motor

Vehicle Distribution

 

1Requirements

2§8.106 Time for Filing Protest

3 §8.107

Hearing

4§8.108 Addition or Relocation of Line Make

5 §8.109 Replacement Dealership

6 §8.110 Franchise Verification

7§8.111 Notice of Termination or Noncontinuance of Franchise

8 and Time for Filing Protest

9§8.112 Motor Home Show Limitations and Restrictions

10§8.113 Manufacturer Ownership of Franchised Dealer; Good

11Cause Extension; Dealer Development

12§8.114 Sale of Vehicles by Manufacturer/Distributor at

13Wholesale Auction

14

 

 

15

SUBCHAPTER

E. GENERAL DISTINGUISHING NUMBERS

16

§8.131

Objective

17

§8.132

Definitions

18

§8.133

General Distinguishing Number

19§8.134 House Trailer; Travel Trailer; Towable Recreational

20Vehicle

21§8.135 More than One Location

22§8.136 Off-site Sales

23§8.137 Security Requirements

NOTE:

Repeals

Exhibit B

OGC:

04/13/10 12:16 PM

 

Texas

Department of Transportation

Page 5 of 9

Motor

Vehicle Distribution

 

1§8.138 Use of Metal Dealer License Plates

2 §8.139 Metal Dealer Plate Allocation

3§8.140 Established and Permanent Place of Business

4 §8.141

Sanctions

5§8.142 GDN Sanction and Qualification Hearing

6 §8.143 Manufacturers License Plates

7§8.144 Record of Sales and Inventory

8 §8.145 Change of Dealer’s Status

9 §8.146 Metal Converter's License Plates.

10§8.147 Proof of Valid License Required of Foreign Motor

11Vehicle Dealers

12§8.148 Dealer Agents

13§8.149 Independent Mobility Motor Vehicle Dealers

14§8.150 Authorization to Issue Temporary Tags

15§8.151 Temporary Tags, General Use Requirements, and

16Prohibitions

17§8.152 Obtaining Numbers for Issuance of Temporary Tags

18§8.153 Specifications for All Temporary Tags

19§8.154 Dealer Temporary Tags

20§8.155 Buyer's Temporary Tags

21§8.156 Buyer's Temporary Tag Receipt and Notice to Buyer

22§8.157 Advance Numbers, Internet-down Buyer's Temporary Tags

23§8.158 Advance Numbers, Emergency Buyer's Temporary Tags

NOTE:

Repeals

Exhibit B

OGC:

04/13/10 12:16 PM

 

Texas

Department of Transportation

Page 6 of 9

Motor

Vehicle Distribution

 

1§8.159 General Requirements and Allocation of Internet-down

2 and Emergency Buyer's Tag Numbers

3 §8.160 Converter's Temporary Tags

4

5 SUBCHAPTER F. LESSORS AND LEASE FACILITATORS

6

§8.171

Objective

7

§8.172

Definitions

8

§8.173

License

9§8.174 Application for a License

10 §8.175

Sanctions

11§8.176 More Than One Location

12§8.177 Established and Permanent Place of Business

13§8.178 Records of Leasing

14§8.179 Change of Lessor or Lease Facilitator Status

15§8.180 Required Notices to Lessees

16§8.181 General Distinguishing Number Exception

17

18 SUBCHAPTER G. WARRANTY PERFORMANCE OBLIGATIONS

19 §8.201

Objective

20 §8.202 Filing of Complaints

21 §8.203 Review of Complaints

22§8.204 Notification to Manufacturer, Converter, or

23Distributor

NOTE:

Repeals

Exhibit B

OGC:

04/13/10 12:16 PM

 

Common mistakes

  1. Incorrect Vehicle Information: Many individuals fail to provide accurate details about the vehicle. This includes the Vehicle Identification Number (VIN), make, model, and year. Any discrepancies can lead to delays or rejections of the application.

  2. Incomplete Personal Information: Applicants often overlook sections requiring personal information. Missing data such as the applicant's name, address, or contact number can hinder the processing of the temporary tag.

  3. Failure to Sign: Some people neglect to sign the form. Without a signature, the application is considered incomplete and cannot be processed.

  4. Improper Payment Method: Using an incorrect payment method can cause issues. It is essential to follow the specified payment guidelines for processing fees to avoid delays.

Key takeaways

When it comes to filling out and using the Texas Temporary Tags form, there are several important points to keep in mind. These takeaways can help ensure a smoother process.

  • Eligibility: Temporary tags are typically issued for newly purchased vehicles, allowing you to drive legally while waiting for permanent registration.
  • Time Frame: The temporary tags are valid for a limited duration, usually 30 days, so be mindful of the expiration date.
  • Application Process: You must complete the form accurately, providing necessary information such as vehicle details and buyer information.
  • Fees: Be prepared to pay any associated fees when applying for temporary tags, as these can vary by county.
  • Documentation: Have all required documents on hand, including proof of purchase and identification, to avoid delays.
  • Local Regulations: Check with your local county office for any specific rules or additional requirements that may apply.
  • Renewal Process: If you need more time, inquire about the process for renewing temporary tags before they expire.
  • Compliance: Ensure you comply with all state regulations regarding vehicle registration to avoid potential fines or penalties.

By following these guidelines, you can navigate the Texas Temporary Tags form with greater ease and confidence.

Steps to Using Texas Temporary Tags

Filling out the Texas Temporary Tags form requires attention to detail to ensure compliance with state regulations. Completing this form accurately is essential for obtaining temporary tags for your vehicle. Follow the steps below to fill out the form correctly.

  1. Obtain the Texas Temporary Tags form from the Texas Department of Motor Vehicles website or your local DMV office.
  2. Begin by entering your name in the designated field. Ensure that it matches your identification documents.
  3. Provide your address, including street, city, state, and zip code. Double-check for accuracy.
  4. Fill in your phone number to ensure the DMV can contact you if needed.
  5. Enter the vehicle identification number (VIN) of the vehicle for which you are requesting temporary tags. This number is usually found on the dashboard or driver's side door frame.
  6. Indicate the make and model of the vehicle. Be specific to avoid any confusion.
  7. Specify the year of the vehicle. This information is crucial for proper registration.
  8. Provide the license plate number of the vehicle if applicable. If this is a new vehicle, indicate that it is a new registration.
  9. Sign and date the form at the bottom. Your signature confirms that the information provided is accurate.
  10. Submit the completed form to your local DMV office along with any required fees.

After submitting the form, you will need to wait for processing. Be prepared to provide any additional information if requested by the DMV. Once approved, you will receive your temporary tags, allowing you to legally operate your vehicle while awaiting permanent registration.