"I never leave Texas" is not the defense you think it is.
Most owner-operators assume the federal motor carrier rules are for interstate trucking — that if you run Austin to San Marcos and back, they don't apply to you. Texas DPS adopted the federal rules for intrastate trucks years ago, and the weight threshold is low enough that a loaded tandem clears it.
Texas DPS incorporates the Federal Motor Carrier Safety Regulations — including Part 393, cargo securement — for intrastate vehicles over 26,000 lbs actual gross weight or GVWR. Above that line, the federal cargo rule applies to you even if you never cross a county line.
- Statute
- 37 Tex. Admin. Code §4.11, adopting 49 C.F.R. §393.100
- Penalty
- CSA points against the carrier's DOT number, plus the underlying violation
- Last verified
- 2026-07-28
How Texas pulled the federal rules in
One sentence in the Texas Administrative Code does all the work:
The director of the Texas Department of Public Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385 - 387, 390 - 393, and 395 - 397 including all interpretations thereto, as amended through September 1, 2022.Parts 390 through 393 is the range that matters here — Part 393 is where cargo securement lives. Texas did not write its own version; it adopted the federal one wholesale.
The thresholds
For intrastate operation, §4.11 applies the federal rules to:
- ·A vehicle or combination with an actual gross weight or gross weight rating over 26,000 lbs.
- ·A farm vehicle or combination at 48,000 lbs or more.
- ·A vehicle designed or used to carry more than 15 passengers, including the driver.
- ·A vehicle transporting hazardous material requiring a placard — at any weight.
| Your truck | Texas Ch. 725 | 49 CFR 393.100 via 37 TAC 4.11 |
|---|---|---|
| 1-ton or small landscape dump, 26,000 lbs or under | Yes — cover required if you haul for hire | No |
| Tandem, tri-axle, or roll-off, over 26,000 lbs | Yes | Yes |
| Any commercial vehicle on an interstate run | Yes, while in Texas | Yes |
26,000 lbs is not a high bar for this trade. A tandem or tri-axle dump clears it loaded, and a roll-off truck clears it easily. A 1-ton or small landscape dump at or under 26,000 lbs GVWR stays outside Part 393 — but stays fully inside Chapter 725, which has no weight threshold at all.
Why a torn tarp is still a violation
The federal cargo rule does not tell you to buy a tarp. It tells you what the result has to be, which is stricter:
Each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and the cargo secured, in accordance with this subpart to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle.Because the standard is the outcome and not the equipment, "I have a tarp on it" is not an answer. If fines are coming out through a tear, or out the back because the rear is not tied, the cargo is not secured and the rule is not met. This is the practical reason to replace a tarp that is still technically on the truck.
Securement violations also land as CSA points against the carrier's DOT number rather than only as a fine. For a small fleet chasing municipal or DOT-prime work, that score is part of what gets bid.
What we could not verify
Most pages in this industry state everything with equal confidence, including the parts that are wrong. Here is what we checked and could not confirm — treat these as open questions, not facts.
Whether §4.11 has been amended since September 1, 2022.
The incorporation date in the text we read is September 1, 2022. Texas updates this adoption date periodically, and we saw evidence of later rulemaking activity in Title 37 that we did not chase down. The 26,000 lb threshold and the Part 390–393 range have been stable, but check the current section before relying on the date itself.
What a securement violation actually costs a small Austin fleet.
The CSA BASIC structure is well established, but we could not pull a real Austin-area example showing what a cargo-securement violation did to a small carrier's score or its bid eligibility. We are describing the mechanism, not a measured outcome.
Primary sources
Every claim on this page links to the government's own text. Read it yourself — that is the point.
- 37 Tex. Admin. Code §4.11, "General Applicability and Definitions"
- 49 C.F.R. §393.100, cargo securement — applicability and general requirements
- Texas DPS, A Texas Motor Carrier's Guide to Highway Safety (MCS-9)
Last verified: 2026-07-28
This is a plain-language summary written by a tarp shop, not legal advice. We cite the primary sources so you can check us. If you are fighting a ticket, talk to a lawyer.
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