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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?
 
Posts: 3 | Location: Gillespie County, TX | Registered: July 25, 2012Reply With QuoteReport This Post
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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 DPSWink

Janette A
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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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....
 
Posts: 3 | Location: Gillespie County, TX | Registered: July 25, 2012Reply With QuoteReport This Post
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Oops, I meant TRC501.002(17)(B). The definition in Ch502 actually has to be self propelled.
 
Posts: 3 | Location: Gillespie County, TX | Registered: July 25, 2012Reply With QuoteReport This Post
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