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So, TRC548.051 says trailers must have a list of items inspected, but the violation in TRC548.602 (Failure to display inspection certificate) specifically relates to a motor vehicle or commercial motor vehicle. TRC548.604 creates a penalty for operating or moving if equipped in violation of that chapter. I'm trying to decide how a trailer without an inspection should be charged (and I'll spare you my rant on DPS citation literals). Should I use a definition of motor vehicle like PC32.34(a) or one from 37TAC21.5(c)(3) that defines a trailer as a motor vehicle, ignoring the TRC541.201(11) definition? Or maybe without the sticker it's equipped in violation of the chapter? Or is there something else easy I'm missing (entirely possible)? Any ideas? | ||
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TRC 548.001(1) defines a "commercial motor vehicle" as a self-propelled or towed vehicle if it has a gross weight rating of less than 48 pounds if the vehicle or combination of vehicles has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds; or it is used to transport hazardous materials required to be placarded. Unless the trailer is itty-bitty, you can use the definition in TRC 548.001. However, I am not a prosecutor; I with DPS Janette A | |||
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Member |
And I think for smaller trailers I'll use TRC502.001(17)(B) that defines any trailer or semitrailer, other than mfg housing, that has a GVW that exceeds 4,000 lbs. as a motor vehicle. But it still hurts my logical brain to call a trailer a motor vehicle.... | |||
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Member |
Oops, I meant TRC501.002(17)(B). The definition in Ch502 actually has to be self propelled. | |||
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