Rule §87.10 Definitions

Published: 2015

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The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise, or the words or terms conflict with a definition in the Transportation Code, §501.002 or §501.091.   (1) Casual sale--The sale by a salvage vehicle dealer or an insurance company of not more than five nonrepairable motor vehicles or salvage motor vehicles to the same person during a calendar year. The term does not include:     (A) a sale at auction to a salvage vehicle dealer; or     (B) the sale of an export-only motor vehicle to a person who is not a resident of the United States.   (2) Commission--The Texas Commission of Licensing and Regulation.   (3) Component part--A major component part as defined by Transportation Code, §501.091, or a minor component part.   (4) Department--The Texas Department of Licensing and Regulation.   (5) Executive director--the executive director of the department.   (6) Insurance company--     (A) a person authorized to write automobile insurance in this state; or     (B) an out-of-state insurance company that pays a loss claim for a motor vehicle in this state.   (7) Interior component part--A motor vehicle's seat or radio.   (8) Major component part--One of the following parts of a motor vehicle:     (A) the engine;     (B) the transmission;     (C) the frame;     (D) a fender;     (E) the hood;     (F) a door allowing entrance to or egress from the passenger compartment of the motor vehicle;     (G) a bumper;     (H) a quarter panel;     (I) a deck lid, tailgate, or hatchback;     (J) the cargo box of a one-ton or smaller truck, including a pickup truck;     (K) the cab of a truck;     (L) the body of a passenger motor vehicle; or     (M) the roof or floor pan of a passenger motor vehicle, if separate from the body of the motor vehicle.   (9) Metal recycler--A person who:     (A) is predominately engaged in the business of obtaining ferrous or nonferrous metal that has served its original economic purpose to convert the metal, or sell the metal for conversion, into raw material products consisting of prepared grades and having an existing or potential economic value;     (B) has a facility to convert ferrous or nonferrous metal into raw material products consisting of prepared grades and having an existing or potential economic value, by method other than the exclusive use of hand tools, including the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metal; and     (C) sells or purchases the ferrous or nonferrous metal solely for use as raw material in the production of new products.   (10) Minor component part--An interior component part, a special accessory part, or a motor vehicle part that displays or should display at least one of the following:     (A) a federal safety certificate;     (B) a motor number;     (C) a serial number or a derivative; or     (D) a manufacturer's permanent vehicle identification number or a derivative.   (11) Motor vehicle--     (A) any motor driven or propelled vehicle required to be registered under the laws of this state;     (B) a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds;     (C) a house trailer;     (D) an all-terrain vehicle, as defined by Transportation Code, §502.001, designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state; or     (E) a motorcycle, motor-driven cycle, or moped that is not required to be registered under the laws of this state, other than a motorcycle, motor-driven cycle, or moped designed for and used exclusively on a golf course.   (12) Nonrepairable motor vehicle--A motor vehicle that:     (A) is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal; or     (B) comes into this state under a title or other ownership document that indicates that the vehicle is nonrepairable, junked, or for parts or dismantling only.   (13) Nonrepairable vehicle title--A document issued by the Texas Department of Motor Vehicles that evidences ownership of a nonrepairable motor vehicle.   (14) Salvage motor vehicle--     (A) A motor vehicle that:       (i) has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage; or       (ii) is damaged and that comes into this state under an out-of-state salvage motor vehicle certificate of title or similar out-of-state ownership document that states on its face "accident damage," "flood damage," "inoperable," "rebuildable," "salvageable," or similar notation; and     (B) does not include an out-of-state motor vehicle with a "rebuilt," "prior salvage," "salvaged," or similar notation, a nonrepairable motor vehicle, or a motor vehicle for which an insurance company has paid a claim for:       (i) the cost of repairing hail damage; or       (ii) theft, unless the motor vehicle was damaged during the theft and before recovery to the extent described by subparagraph (A)(i).   (15) Salvage vehicle dealer--A person engaged in this state in the business of acquiring, selling, repairing, rebuilding, reconstructing, or otherwise dealing in nonrepairable motor vehicles, salvage motor vehicles, or, if incidental to a salvage motor vehicle dealer's primary business, used automotive parts. The term does not include a person who casually repairs, rebuilds, or reconstructs fewer than five salvage motor vehicles in the same calendar year or, except as provided by subparagraph (C), a used automotive parts recycler. The term includes a person engaged in the business of:     (A) a salvage vehicle dealer, regardless of whether the person holds a license issued by the department to engage in that business;     (B) dealing in nonrepairable motor vehicles or salvage motor vehicles; or     (C) a used automotive parts recycler if the sale of repaired, rebuilt, or reconstructed nonrepairable motor vehicles or salvage motor vehicles is more than an incidental part of the used automotive parts recycler's business.   (16) Salvage vehicle title--A document issued by the Texas Department of Motor Vehicles that evidences ownership of a salvage motor vehicle.   (17) Special accessory part--A motor vehicle's tire, wheel, tailgate, or removable glass top.   (18) Used automotive part--A part that is salvaged, dismantled, or removed from a motor vehicle for resale as is or as repaired. The term includes a major component part but does not include a rebuildable or rebuilt core, including an engine, block, crankshaft, transmission, or other core part that is acquired, possessed, or transferred in the ordinary course of business.   (19) Used automotive parts recycler--A person licensed under this title to operate a used automotive parts recycling business.   (20) Used automotive parts recycling--The dismantling and reuse or resale of used automotive parts and the safe disposal of salvage motor vehicles or nonrepairable motor vehicles, including the resale of those vehicles.

Source Note: The provisions of this §87.10 adopted to be effective January 11, 2010, 35 TexReg 232