SECTION 9.202. Registration and Transfer of LP-Gas Transports or Container Delivery Units

(a) A person who operates a transport equipped with LP-gas cargo tanks or any container delivery unit, regardless of who owns the transport or unit, shall register such transport or unit with AFS in the name or names under which the operator conducts business in Texas prior to the unit being used in LP-gas service.

(1) To register a cargo tank unit previously unregistered in Texas, the operator of the unit shall:

(A) pay to AFS the $270 registration fee for each bobtail truck, semitrailer, or other motor vehicle equipped with LP-gas cargo tanks;

(B) file a properly completed LPG Form 7;

(C) file a copy of the Manufacturer's Data Report;

(D) file a copy of the DOT Certificate of Compliance; and

(E) file a copy of the hydrostatic or pneumatic test required by §9.208 of this title (relating to Testing Requirements), unless the unit was manufactured within the previous five years or 10 years for units which meet the exemption in 49 CFR 180.407(c).

(2) To register a container delivery unit previously unregistered in Texas, the operator of the unit shall:

(A) pay to AFS the $270 registration fee for each container delivery unit; and

(B) file a properly completed LPG Form 7A.

(3) To register a bobtail truck, semitrailer, container delivery unit, or other motor vehicle equipped with LP-gas cargo tanks which was previously registered in Texas but for which the registration has expired, the operator of the unit shall:

(A) pay to AFS the $270 registration fee;

(B) file a properly completed LPG Form 7 for cargo tanks or LPG Form 7A for container delivery units; and

(C) for cargo tanks, file a copy of the latest test results if an expired unit has not been used in the transportation of LP-gas for over one year or if a current hydrostatic test has not been filed with AFS.

(4) To re-register a currently registered unit, the licensee operating the unit shall pay a $270 annual registration fee.

(5) To transfer a currently registered unit, the new operator of the unit shall:

(A) pay the $100 transfer fee for each unit; and

(B) file a properly completed LPG Form 7T.

(b) AFS may also request that an operator registering or transferring any unit have the unit tested by a test other than those required by §9.208 of this title.

(c) When all registration or transfer requirements have been met, AFS shall issue LPG Form 4 which shall be properly affixed in accordance with the placement instructions on the form. LPG Form 4 shall authorize the licensee or ultimate consumer to whom it has been issued and no other person to operate such unit in the transportation of LP-gas and to fill the transport containers.

(1) A person shall not operate an LP-gas transport unit or container delivery unit in Texas unless the LPG Form 4 has been properly affixed or unless its operation has been specifically approved by AFS.

(2) A person shall not introduce LP-gas into a transport container unless that unit bears an LPG Form 4 or unless specifically approved by AFS.

(3) LPG Form 4 shall not be transferable by the person to whom it has been issued, but shall be registered by any subsequent licensee or ultimate consumer prior to the unit being placed into LP-gas service.

(4) This subsection shall not apply to:

(A) a container manufacturer/fabricator who introduces a reasonable amount of LP-gas into a newly constructed container in order to properly test the vessel, piping system, and appurtenances prior to the initial sale of the container. The liquid LP-gas shall be removed from the transport container prior to the unit leaving the container manufacturer/fabricator's premises; or

(B) a person who introduces a maximum of 150 gallons of LP-gas into a newly constructed transport container when such container will provide the motor fuel to the chassis engine for the purpose of allowing the unit to reach its destination.

(5) AFS shall not issue an LPG Form 4 if:

(A) AFS or a Category A, B, or O licensee determines that the transport is unsafe for LP-gas service;

(B) AFS does not have an inspection record of the transport or cylinder delivery unit by a Commission representative within four years of its initial registration; or

(C) AFS has not inspected the transport or cylinder delivery unit at least once every four years after the initial registration.

(6) If an LPG Form 4 decal on a unit currently registered with AFS is destroyed, lost, or damaged, the operator of that vehicle shall obtain a replacement decal by filing LPG Form 18B and a $50 replacement fee with AFS.

Source Note: The provisions of this §9.202 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119