Transportation Code § 644.151 – Criminal Offense (Violation of Motor Carrier Safety Rules)

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 644.151 Summary
• Purpose of Transportation Code § 644.151
• Real-World Example of Transportation Code § 644.151
• Related Statutes
• Case Law Interpreting Transportation Code § 644.151
• Why Transportation Code § 644.151 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE F. COMMERCIAL MOTOR VEHICLES

CHAPTER 644. COMMERCIAL MOTOR VEHICLE SAFETY STANDARDS

Exact Statute Text

Click to view the complete statute text

CRIMINAL OFFENSE. (a) A person commits an offense if the person:

(1) violates a rule adopted under this chapter;

(2) does not permit an inspection authorized under Section 644.104; or

(3) knowingly operates a commercial motor vehicle in violation of an out-of-service order issued under 49 C.F.R. Section 385.13(d)(1) or owns, leases, or assigns a person to drive a commercial motor vehicle that is knowingly operated in violation of an out-of-service order issued under 49 C.F.R. Section 385.13(d)(1).

(b) An offense under Subsection (a)(1) or (2) is a Class C misdemeanor.

(b-1) An offense under Subsection (a)(3) is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle collision that resulted in bodily injury; or

(2) a felony of the second degree if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle collision that resulted in the death of a person.

(c) Each day a violation continues under Subsection (a)(1) or each day a person refuses to allow an inspection described under Subsection (a)(2) is a separate offense.

Transportation Code § 644.151 Summary

This Texas statute establishes specific actions related to commercial motor vehicle (CMV) safety as criminal offenses. It applies to individuals, owners, lessors, and those who assign drivers to commercial vehicles. The law outlines three primary ways a person can commit an offense: first, by violating any safety rule adopted under Chapter 644 of the Transportation Code; second, by refusing to allow an inspection of a commercial vehicle as authorized by Section 644.104; and third, by knowingly operating a commercial motor vehicle that is subject to an out-of-service (OOS) order, or by owning, leasing, or assigning a driver to operate such a vehicle.

The penalties for these offenses vary depending on their nature and consequences. Violating a safety rule or refusing an inspection is classified as a Class C misdemeanor. However, knowingly operating a CMV in violation of an out-of-service order carries much more severe penalties. This offense is generally a Class A misdemeanor. If, at the time of the offense, the commercial motor vehicle was involved in a collision that resulted in bodily injury, the offense escalates to a state jail felony. Furthermore, if the collision resulted in the death of a person, the offense becomes a felony of the second degree. The statute also specifies that for rule violations or inspection refusals, each day the violation or refusal continues constitutes a separate offense, reinforcing the importance of immediate compliance.

Purpose of Transportation Code § 644.151

The legislative intent behind Transportation Code § 644.151 is to uphold and enforce the safety standards critical for commercial motor vehicles operating on Texas roads. The existence of this statute directly addresses the significant public safety risks associated with large commercial trucks and buses. By criminalizing violations of established safety rules, refusal of inspections, and especially the operation of vehicles under an out-of-service order, the law aims to prevent accidents, injuries, and fatalities that can result from unsafe commercial vehicle operation.

This statute serves as a powerful deterrent, compelling motor carriers and drivers to comply with regulations concerning vehicle maintenance, driver qualifications, hours of service, and other crucial safety measures. The escalating penalties for operating an out-of-service vehicle – particularly when such operation leads to collisions, injuries, or deaths – underscore the legislature’s strong stance against deliberate disregard for safety that places the public at severe risk. In essence, it exists to ensure that commercial transportation prioritizes the safety of everyone sharing the roadways.

Real-World Example of Transportation Code § 644.151

Consider a scenario involving “Texas Haulers, Inc.,” a commercial trucking company, and one of its drivers, Bob.

Example 1: Rule Violation (Class C Misdemeanor)
Bob is driving a commercial truck for Texas Haulers, Inc. when he is pulled over for a routine inspection. The inspector discovers that Bob has exceeded the maximum allowable driving hours for the day, a clear violation of federal and state Hours of Service rules adopted under Chapter 644. Bob, as the driver, would be charged with an offense under Subsection (a)(1) of Transportation Code § 644.151, a Class C misdemeanor.

Example 2: Refusal of Inspection (Class C Misdemeanor)
Alternatively, suppose a Department of Public Safety (DPS) officer attempts to conduct a roadside inspection of Bob’s commercial truck. Bob, perhaps because he knows there are safety deficiencies, refuses to allow the officer to perform the authorized inspection. This refusal is an offense under Subsection (a)(2) of Transportation Code § 644.151, also a Class C misdemeanor.

Example 3: Out-of-Service Order Violation (Class A Misdemeanor / Felony)
Now, imagine that Bob’s truck had previously failed an inspection due to severely worn brakes, and a federal inspector issued an “out-of-service” order, prohibiting the truck from being operated until the repairs were made. Despite knowing about this order, Texas Haulers, Inc. instructs Bob to drive the truck to deliver a load, and Bob complies. This act of knowingly operating the vehicle in violation of an out-of-service order is an offense under Subsection (a)(3).

• If Bob is caught operating the vehicle without incident, it is a Class A misdemeanor.
• However, if while Bob is driving this out-of-service truck, the worn brakes fail, leading to a multi-vehicle collision that causes serious bodily injury to another motorist, the offense for both Bob and potentially Texas Haulers, Inc. (if they knowingly assigned him to drive it) elevates to a state jail felony.
• If that same collision resulted in the death of another motorist, the offense would become a felony of the second degree.

Related Statutes

Transportation Code § 644.151 does not exist in isolation; it is part of a broader framework of laws designed to ensure commercial motor vehicle safety. Several statutes and regulations are closely related:

• Texas Transportation Code Chapter 644 (Commercial Motor Vehicle Safety Standards): This entire chapter provides the foundation for the rules referenced in § 644.151(a)(1). It authorizes the Texas Department of Public Safety (DPS) to adopt rules consistent with federal regulations to ensure the safe operation of CMVs.
• Texas Transportation Code § 644.104 (Inspections): This section specifically authorizes the inspections mentioned in § 644.151(a)(2). It grants DPS officers the power to inspect commercial motor vehicles, drivers, and records to ensure compliance with safety standards.
• 49 C.F.R. Section 385.13(d)(1) (Out-of-Service Orders): This is a federal regulation cited directly in § 644.151(a)(3). It pertains to the issuance of out-of-service orders by the Federal Motor Carrier Safety Administration (FMCSA) or authorized state personnel when a CMV or driver is found to be in an unsafe condition or operating in violation of a safety regulation.
• Federal Motor Carrier Safety Regulations (FMCSRs), 49 C.F.R. Parts 300-399: Many rules adopted under Chapter 644 of the Texas Transportation Code incorporate or mirror these comprehensive federal regulations, which cover everything from driver qualifications and hours of service to vehicle maintenance, parts, and hazardous materials transportation. Violations of these underlying rules can trigger an offense under § 644.151(a)(1).
• Texas Penal Code (Title 3, Chapters 12, 15): These chapters define the classifications of misdemeanors and felonies (Class C misdemeanor, Class A misdemeanor, state jail felony, second-degree felony) and their associated punishment ranges, which are directly referenced in § 644.151(b) and (b-1).

Case Law Interpreting Transportation Code § 644.151

Explicit appellate case law that extensively *interprets* the specific nuances of Transportation Code § 644.151 is limited. As a statute primarily establishing criminal offenses for violating safety rules and orders, it is frequently cited in criminal charges and plea agreements rather than being the subject of complex legal interpretation at the appellate level. Cases that mention this statute often do so in the context of the factual background of a criminal proceeding involving a commercial driver or motor carrier.

While there isn’t extensive case law offering deep interpretive analysis of each subsection of § 644.151, its application in criminal proceedings is straightforward: demonstrating a violation of a rule, refusal of an inspection, or knowing operation under an out-of-service order, along with any resulting bodily injury or death.

To explore cases where this statute may have been cited, you can perform a search on Google Scholar: Texas Transportation Code 644.151

Why Transportation Code § 644.151 Matters in Personal Injury Litigation

Transportation Code § 644.151 holds significant weight in Texas personal injury litigation, especially in cases involving commercial motor vehicles (CMVs) such as 18-wheelers, buses, and other large trucks. When a commercial vehicle is involved in an accident, a violation of this statute can be a critical piece of evidence for plaintiffs seeking to establish liability and damages.

1. Establishing Negligence Per Se: A violation of a safety statute like § 644.151 can give rise to a claim of “negligence per se” in a civil personal injury lawsuit. If a driver or motor carrier violated a rule adopted under Chapter 644, refused an inspection, or operated a vehicle under an out-of-service order, and that violation directly caused the plaintiff’s injuries, then the defendant may be presumed negligent. This significantly simplifies the plaintiff’s burden of proof regarding the defendant’s duty and breach of duty. For example, if a truck involved in a crash was operating under an out-of-service order for brake defects (a violation of § 644.151(a)(3)), and the crash was due to brake failure, this strongly supports negligence per se.

2. Evidence of Gross Negligence and Punitive Damages: The escalating penalties under § 644.151 for knowingly operating an out-of-service vehicle, especially when it leads to injury or death, can serve as compelling evidence of gross negligence. Gross negligence is a higher standard than ordinary negligence, typically involving an extreme degree of risk and actual subjective awareness of the risk. Proving gross negligence can entitle a plaintiff to punitive damages (also known as exemplary damages), which are designed to punish the defendant and deter similar conduct in the future, rather than just compensate for losses.

3. Crucial for Discovery and Investigation: Personal injury attorneys representing victims of CMV accidents will meticulously investigate whether any violations of commercial motor vehicle safety rules, inspections, or out-of-service orders occurred. This involves reviewing driver logs, maintenance records, inspection reports, and prior regulatory compliance history. Evidence of a § 644.151 violation can provide a roadmap for discovery, directing attorneys to crucial evidence that could prove the carrier’s or driver’s fault.

4. Impact on Settlement and Trial Strategy: For plaintiffs, the existence of a § 644.151 violation can significantly strengthen their case, leading to more favorable settlement offers. For defendants (motor carriers and their insurers), facing potential criminal charges under this statute, in addition to civil liability, emphasizes the need for stringent safety compliance. During trial, evidence of a criminal conviction or a plea agreement related to § 644.151 can be highly persuasive to a jury in demonstrating fault and a disregard for safety.

Understanding Transportation Code § 644.151 is therefore vital for both personal injury victims and legal professionals, as it provides a clear legal basis for accountability and can profoundly influence the outcome of a commercial vehicle accident claim.