Section 218.2 - Definitions(a) The definitions contained in Transportation Code, Chapter 643 apply to this chapter. In the event of a conflict with this chapter, the definitions contained in Transportation Code, Chapter 643 control; however, the definition of the word "director" in this section controls over the definition in Transportation Code, Chapter 643.(b) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Advertisement--An oral, written, graphic, or pictorial statement or representation made in the course of soliciting intrastate household goods transportation services, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an online service, or on television. The term does not include direct communication between a household goods carrier or carrier's representative and a prospective shipper, and does not include the following:(A) promotional items of nominal value such as ball caps, tee shirts, and pens;(C) listings not paid for by the household goods carrier or its household goods carrier's agent; and(D) listings of a household goods carrier's business name or assumed name as it appears on the motor carrier certificate of registration, and the household goods carrier's address, and contact information in a directory or similar publication.(2) Approved association--A group of household goods carriers, its agents, or both, that has an approved collective ratemaking agreement on file with the department under § 218.64 of this title (relating to Rates).(3) Binding proposal--A written offer stating the exact price for the transportation of specified household goods and any related services.(4) Board--Board of the Texas Department of Motor Vehicles.(5) Certificate of insurance--A certificate prescribed by and filed with the department in which an insurance carrier or surety company warrants that a motor carrier for whom the certificate is filed has the minimum coverage as required by § 218.16 of this title (relating to Insurance Requirements).(6) Certificate of registration--A certificate issued by the department to a motor carrier and containing a unique number.(7) Certified scale--Any scale designed for weighing motor vehicles, including trailers or semitrailers not attached to a tractor, and certified by an authorized scale inspection and licensing authority. A certified scale may also be a platform-type or warehouse-type scale properly inspected and certified.(8) Commercial motor vehicle--As defined in Transportation Code, §548.001. The definition for commercial motor vehicle does not include:
(A) a farm vehicle with a gross weight, registered weight, or gross weight rating of less than 48,000 pounds;(B) a cotton vehicle registered under Transportation Code, §504.505;(C) a vehicle registered with the Railroad Commission under Natural Resources Code, §113.131 and §116.072;(D) a vehicle operated by a governmental entity;(E) a motor vehicle exempt from registration by the Unified Carrier Registration Act of 2005; and(F) a tow truck, as defined by Occupations Code, §2308.002.(9) Conspicuous--Written in a size, color, and contrast so as to be readily noticed and understood.(10) Conversion--A change in an entity's organization that is implemented with a Certificate of Conversion issued by the Texas Secretary of State under Business Organizations Code, §10.154.(11) Director--The director of the department's Motor Carrier Division, whom the executive director of the department designated as the director under Transportation Code, §643.001(2).(12) Estimate--An informal oral calculation of the approximate price of transporting household goods.(13) Farmer--A person who operates a farm or is directly involved in cultivating land, crops, or livestock that are owned by or are under the direct control of that person.(14) Farm vehicle--A commercial motor vehicle that is:(A) controlled and operated by a farmer to transport either: (i) agricultural products; or (ii) farm machinery, farm supplies, or both, to and from a farm;(B) not being used in the operation of a for-hire motor carrier;(C) not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 C.F.R. § 177.823; and (D) being used within 150 air-miles of the farmer's farm.(15) FMCSA--Federal Motor Carrier Safety Administration.(16) Foreign commercial motor vehicle--As defined in Transportation Code, §648.001.(17) Gross weight rating--The maximum loaded weight of any combination of truck, tractor, and trailer equipment as specified by the manufacturer of the equipment. If the manufacturer's rating is unknown, the gross weight rating is the greater of:(A) the actual weight of the equipment and its lading; or(B) the maximum lawful weight of the equipment and its lading.(18) Household goods agent--A motor carrier who transports household goods on behalf of another motor carrier.(19) Household goods carrier--A motor carrier who transports household goods for compensation, regardless of the size of the vehicle.(20) Inventory--A list of the items in a household goods shipment and the condition of the items.(21) Leasing business--A person that leases vehicles requiring registration under Subchapter B of this chapter to a motor carrier that must be registered.(22) Mediation--A non-adversarial form of alternative dispute resolution in which an impartial person, the mediator, facilitates communication between two parties to promote reconciliation, settlement, or understanding.(23) Motor Carrier or carrier--As defined in Transportation Code, §643.001(6).(24) Motor transportation broker--As defined in Transportation Code, §646.001.(25) Moving services contract--A contract between a household goods carrier and shipper, such as a bill of lading, receipt, order for service, or work order, that sets out the terms of the services to be provided.(26) Multiple user--An individual or business who has a contract with a household goods carrier and who used the carrier's services more than 50 times within the preceding 12 months.(27) Not-to-exceed proposal--A formal written offer stating the maximum price a shipper can be required to pay for the transportation of specified household goods and any related services. The offer may also state the non-binding approximate price. Any offer based on hourly rates must state the maximum number of hours required for the transportation and related services unless there is an acknowledgment from the shipper that the number of hours is not necessary.(28) Principal business address--A single location that serves as a motor carrier's headquarters and where it maintains its operational records or can make them available.(29) Print advertisement--A written, graphic, or pictorial statement or representation made in the course of soliciting intrastate household goods transportation services, including, without limitation, a statement or representation made in or contained in a newspaper, magazine, circular, or other publication. The term does not include direct communication between a household goods carrier or carrier's representative and a prospective shipper, and does not include the following: (A) promotional items of nominal value such as ball caps, tee shirts, and pens;(D) listings not paid for by the household goods carrier or its household goods carrier's agent; and(E) listings of a household goods carrier's business name or assumed name as it appears on the motor carrier certificate of registration, and the household goods carrier's address, and contact information in a directory or similar publication.(30) Public highway--Any publicly owned and maintained street, road, or highway in this state.(31) Replacement vehicle--A vehicle that takes the place of another vehicle that has been removed from service.(32) Revocation--The withdrawal of registration and privileges by the department or a registration state.(33) Shipper--The owner of household goods or the owner's representative.(34) Short-term lease--A lease of 30 days or less.(35) Substitute vehicle--A vehicle that is leased from a leasing business and that is used as a temporary replacement for a vehicle that has been taken out of service for maintenance, repair, or any other reason causing the temporary unavailability of the permanent vehicle.(36) Suspension--Temporary removal of privileges granted to a registrant by the department or a registration state.(37) Unified Carrier Registration System or UCR--A motor vehicle registration system established under 49 U.S.C. § 14504a or a successor federal registration program.(38) USDOT--United States Department of Transportation.(39) USDOT number--An identification number issued by or under the authority of the FMCSA or its successor.43 Tex. Admin. Code § 218.2
The provisions of this §218.2 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective August 4, 2011, 36 TexReg 4813; Amended by Texas Register, Volume 40, Number 10, March 6, 2015, TexReg 1106, eff. 3/12/2015; Amended by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 324, eff. 2/1/2017; Amended by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10677, eff. 1/2/2025