(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.   (1) Farm-related service industry (FRSI) waiver--The secretary or the Federal Highway Administration under the authority of the Federal Commercial Motor Vehicle Safety Act of 1986 is authorized to determine which FRSI is applicable for a waiver.   (2) Highway administration--The United States Department of Transportation Federal Highway Administration.   (3) Secretary--The United States secretary of transportation. (b) The department may waive the commercial driver's license (CDL) knowledge and skill tests required by Texas Transportation Code, §522.022, and provide for the issuance of a restricted CDL to an employee of a farm-related service industry (FRSI). The department is subject to any condition or requirement established for the waiver by the secretary or the highway administration. In addition to any restriction or limitation imposed by this section, a restricted CDL issued under this regulation is subject to any restriction or limitation imposed by the secretary or the highway administration. Seasonal drivers of the following FRSI are authorized by federal regulation to obtain the FRSI waiver and be issued a restricted CDL:   (1) farm retail outlets and suppliers;   (2) agri-chemical businesses;   (3) custom harvesters (includes cotton modular operators); and   (4) livestock feeders. (c) Restricted Texas CDLs for certain FRSI must be issued in accordance with 49 Code of Federal Regulations, Part 383, which provides the following:   (1) FRSI CDL shall be issued for Class B and Class C vehicles only (Class A vehicles are not included in this waiver).   (2) Applicants are not required to pass CDL knowledge or skills tests to obtain an FRSI CDL. The department will require applicants for a Class B FRSI CDL to pass the 20 question Class A-B rules test and non-CDL skills test in a Class B vehicle before the Class B FRSI CDL will be issued. This will be the same tests that exempt drivers are required to pass, i.e., farmers, fire fighters, etc. Applicants for a Class C FRSI CDL will not be required to pass any type of knowledge or skills tests provided they already hold a valid or renewable Class C Texas license and meet the requirements of a good driving record. Applicants who do not hold a valid Texas license will have to meet the same requirements as for original applicants, plus the good driving record requirements. Applicants who hold a valid Class A or B non-CDL or a Class A or B non-CDL that has not been expired over two years will not be required to pass the 20 question Class A-B rules test or a skills test.   (3) A driver may have only one license. The FRSI CDL also authorizes the individual to drive noncommercial motor vehicles even though the FRSI validity period may have expired. An FRSI CDL may include a Class M. A driver who holds a Class A or B non-CDL can obtain an FRSI CDL and still drive exempt vehicles provided he/she has passed appropriate tests. A driver who holds an FRSI CDL may operate exempt vehicles provided he/she has passed appropriate tests.   (4) An applicant for an FRSI CDL must have a good driving record and at least one year of driving experience in any type of vehicle. A driver who has not held any motor vehicle operator's license for at least one year will not be eligible for the FRSI CDL. Drivers who have between one and two years of driving experience must demonstrate the good driving record requirements for their entire driving history. Drivers with more than two years of driving experience must meet the good driving record requirements for the two-year period preceding their date of application for an FRSI CDL. A good driving record is defined as:     (A) no multiple licenses;     (B) no driver's license suspensions, revocations, disqualifications, or cancellations of any kind;     (C) no convictions in any type of motor vehicle for driving under the influence of alcohol or drugs, leaving the scene of an accident, committing any felony involving a motor vehicle, or operating a commercial motor vehicle with a suspended, revoked, cancelled, or otherwise disqualified license;     (D) no convictions whatsoever in any type of motor vehicle for serious traffic violations as defined by Texas Transportation Code, §522.003(25);     (E) no convictions in any type of motor vehicle for accident-connected traffic law violations and no record of at-fault accidents; and     (F) no committed offense under Texas Transportation Code, Chapter 524 or Chapter 724.   (5) Validity of the FRSI CDL for commercial motor vehicle driving is limited only to the seasonal period as indicated in the restrictions (Code P) on the back of the license. The applicant must indicate the seasonal period on his application but is limited to 180 days (continuous) in any 12-month period. An FRSI CDL holder must revalidate his CDL for each season of commercial use by means of a new application, duplicate license fee unless eligible for renewal, and confirmation of the holder's good driving record. An application for revalidating an FRSI CDL may only be submitted a maximum of 30 days prior to the effective date of the next season.   (6) A holder of an FRSI CDL may not transport hazardous materials in placardable quantities except for the following amounts:     (A) transport 1,000 gallons or less of diesel fuel;     (B) transport 3,000 gallons or less of liquid fertilizer;     (C) transport any quantity of solid fertilizer not mixed with any organic substance; and     (D) no other placarded hazardous materials shall be transported by holders of an FRSI CDL. The FRSI CDL confers the right to carry hazardous materials as listed in this paragraph. No hazardous materials endorsement can be placed on an FRSI CDL.   (7) If the applicant needs a CDL restriction or CDL endorsement, the applicant must have passed the applicable tests and apply for an unrestricted CDL. CDL endorsements and/or restrictions will not be shown on the FRSI CDL.   (8) An FRSI CDL driver may only be permitted to operate commercial motor vehicles within 150 air miles of the employer's place of business or the farm currently being served.   (9) A Commercial Driver License Information System/National Driver Register/Problem Driver Pointer System (CDLIS/NDR/PDPS) inquiry must be completed prior to issuance of the FRSI CDL. This inquiry should also be made when an FRSI CDL holder applies to revalidate his license.   (10) CDL sanctions/disqualifications apply to the FRSI CDL driver just as they do to the unrestricted CDL driver. A driver who operates a commercial motor vehicle that is not included in the farm-related service industry waiver or who violates the restriction on the FRSI is subject to a fine as provided in Texas Transportation Code, §522.042 and §522.043, and suspension of driving privileges as provided in Texas Transportation Code, Sections 521.291-521.305.   (11) The FRSI CDL has reciprocity in all states.   (12) An applicant for an FRSI CDL must meet all other CDL requirements. This includes age, language, vision, and physical requirements. Issuance procedures, fees, etc., will be the same as for a regular CDL except the restriction required for the seasonal validity period and type of tests that are required.   (13) The applicant and employer must complete FRSI CDL application form CDL-lF (applicant completes the front side and the employer completes the back side). The applicant must have forms sworn to and subscribed to before a notary public or authorized officer. The CDL-lF form must also be completed by the applicant and the employer each time the FRSI CDL is revalidated or renewed.   (14) All other CDL requirements are applicable except that no CDL tests are required. The only tests are the 20 question A-B rules test and a non-CDL skills test in an appropriate Class B vehicle if applying for that type of license. Written and skills tests will be waived for applicants who meet the requirements of paragraph (2) of this subsection.   (15) Minimum age is 18 for an FRSI CDL.   (16) The applicant must meet the physical requirements as contained in 49 CFR, Part 391.41. The applicant must complete either the CDL-4, CDL-5, or CDL-10 certification form. The CDL-10 can only be used for the custom harvester waiver provision.   (17) Fees for an FRSI CDL are the same as for a regular CDL and will be calculated the same way. A $10 duplicate fee must be charged each time an applicant revalidates the waiver period.   (18) The FRSI CDL must have a Code P restriction entered on the front of the license. The validity period cannot exceed 180 days in any 12-month period. The minimum period is 30 days. The validity period should be continuous and not exceed 180 days. A validity period can be revalidated not more than 30 days prior to the effective date of the new period. In no case can a validity period be valid when the actual CDL is expired.   (19) Federal regulations prevent the FRSI CDL from having any other type of CDL restrictions or CDL endorsements. If at any time a driver needs to drive a commercial motor vehicle that is not covered by this waiver, then he must convert the FRSI CDL to an unrestricted CDL. In order to do that the driver must then take all applicable CDL knowledge/endorsement tests and a skills test unless the driver can meet the waiver of skills test requirements as listed on the CDL-3 form.   (20) CDLIS/NDR inquiries and checking of the person's driving record must be completed before the FRSI CDL is issued and all subsequent revalidations of the waiver periods. A person is not eligible for an FRSI CDL unless the person's driving record meets the requirements of a good driving record. Applicants for an FRSI CDL have to meet more stringent driving record requirements than applicants for an unrestricted CDL. In some cases, a person may not qualify for an FRSI CDL based on their driving record but could possibly qualify for an unrestricted CDL based on the same record.

Source Note: The provisions of this §16.13 adopted to be effective November 18, 1993, 18 TexReg 8228; amended to be effective July 7, 1999, 24 TexReg 5025; amended to be effective April 21, 2003, 28 TexReg 3365; amended to be effective August 21, 2011, 36 TexReg 5098