July 25, 2012, 17:10
D.HeimannTrailer Inspection Violation
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?
July 26, 2012, 09:42
J AnsolabehereTRC 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
July 31, 2012, 09:03
D.HeimannAnd 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....
July 31, 2012, 09:06
D.HeimannOops, I meant TRC501.002(17)(B). The definition in Ch502 actually has to be self propelled.