Texas department of motor vehicles enforcement division

Don’t Respond and You May Lose Your License

• By: Jeff Martin
• On: 07/16/2020 16:44:05
• In: Texas Posts
• Comments: 0

In today's blog we will talk about TxDMV enforcement. 

In today's blog we will talk about TxDMV enforcement.  As its name implies, the Texas Department of Motor Vehicles Enforcement Division has enforcement authority over licensed dealers.

The agency investigates all customer complaints.  Many times, complaints result in no violation found or a warning letter being sent to the dealer.  However, it is the dealer's responsibility to know the rules and laws associated with having a GDN.

Here you will find a link to the TxDMV Enforcement and Investigation Disciplinary Matrix.

As you can see, many of these rules carry a very stiff penalty including license revocation.

So, what happens if a complaint is filed against your dealership or you find yourself in a TxDMV investigation?

Investigators may issue “tickets” for minor violations, and these are called a Notice of Violation or NOV. More serious matters can result in what's called an NODD or a Notice of Department Decision. More on that in just a moment.

The first step in an investigation is usually a request for records from the Enforcement Division. You are required by law to comply with this request.

If a violation is found, you'll receive a Notice of Department Decision or NODD. Now you MUST RESPOND IN WRITING to the NODD within 26 days if you want to attempt to negotiate a settlement with the agency - which is something you definitely want to at least keep open as an option - or, if you wish to request a hearing on the matter.

You may want to seek professional legal assistance with experience in this area as soon as you receive an NODD. Members can contact the association for assistance.

If you do not either pay the civil penalty listed in the NODD or respond in writing within 26 days the decision will become final.

Most matters are actually settled by an agreement between you and the enforcement attorney. If an agreement cannot be reached, and you submitted a request for an administrative hearing, a hearing date is set and the case will be heard before an ALJ (or an Administrative Law Judge) of the State Office of Administrative Hearings, often referred to as SOAH.

NOTE: It is critically important to keep your mailing address current with TxDMV. In order to negotiate a settlement or request a SOAH court hearing, YOU MUST RESPOND to the NODD within 26 days.

If they send notification to your address and it's not your correct address, you'll never have a chance to dispute the findings of the NODD.

MORAL OF THE STORY, you can't just ignore calls, letters, email or any other communication from TxDMV enforcement. Failure to respond may result in license revocation.

Next week will provide a dealer inspection report. This can be used to self-check your dealership on lots of different compliance issues.

To download the “Motor Vehicle Dealers – Disciplinary Matrix”, visit the TxDMV website and select this form under the Documents section of the page.

Submit a Complaint

Be advised provide as much information and documentation as possible in order to facilitate timely processing of your complaint.

Please Select Complaint Type

Please select a term below that best describes you as the Complainant

Please select the option that best fits your complaint

Administrative Support Section

Questions about dealer licensing, inspection station licensing, mechanic certifications, abandoned vehicles, Vermont Rider Education Program (VREP) information, and the Federal Motor Carrier Safety Administration (FMCSA/MCSAP).

Investigative Section

Questions about illegal or questionable activities relating to licensing registration and title fraud, dealer and inspection regulations, and general law enforcement services, commercial driver training schools, third-party testing programs, training and licensing School Bus Driver Training Instructors, and Pupil Transportation Safety laws and issues.

Driver Education

Questions about Driving schools and instructors.

Vehicle Inspection Program

Questions about Inspection stations, certified Inspection Mechanics or the Vermont Periodic Inspection Manual.

Are you getting your driver's license in Texas and wondering where to go? While you may think the DMV handles all issues related to driving, in Texas, that's not the case. Read on to learn the difference between the DMV and DPS. Plus, find out where to go when it's time to get or renew your driver's license!

What is the Texas DMV?

The DMV in Texas refers to the state's Department of Motor Vehicles. It's a state agency that helps people with their motor vehicle-related issues, including:

• Registering about 24 million vehicles each year

• Processing vehicle sales

• Issuing license plates

• Issuing permits for oversize and overweight vehicles

• Awarding grants to help law enforcement agencies reduce vehicle thefts and burglaries

• Regulating vehicle dealers

• Credentialing big trucks and buses for interstate and intrastate commerce

In addition to these services, the DMV also plays a role in consumer protection. Each year, the DMV's enforcement division reviews and investigates approximately 15,000 complaints. This includes people who can prove the new car they bought is a lemon. It can also include those who were subjected to a bait-and-switch scheme on their latest vehicle purchase. 

What Is the Texas DPS?

The DPS refers to the Texas Department of Public Safety. This organization has been entrusted with protecting Texas from numerous public safety threats. Its goals are to prevent crime and terrorism, save lives, protect property, maintain public order, and provide effective, efficient, and secure licensing services. 

When it comes to licensing and regulation, the DPS is in charge of issuing the following:

• Driver's licenses

• Licenses to carry handguns

• Private security licenses

• Motor vehicle inspector licenses

• Licenses for metal recycling businesses

• Licenses for the dispensing of low-level THC

• Ignition-interlock devices

Additionally, the DPS works to help Texas law enforcement agencies as needed in major crime prevention operations such as securing the border against drug smuggling and preventing mass attacks in public places. 

What's the Difference Between the Texas DMV and DPS?

It can be easy to confuse the Texas DMV with the DPS. Aside from the fact that they both start with "D" and have three letters, the DPS has the responsibility of issuing driver's licenses, which many assume is the DMV's responsibility. Although the Texas DMV handles most services related to driving motor vehicles, the DPS is in charge of public safety. The state determined that some aspects of driving fall under its umbrella. 

Being so, you'll find that when you go to the DMV in-person or online, you'll be directed to the DPS for certain requests such as driver's license issuing, renewals, suspensions, and reinstatements. The DPS also conducts vehicle inspector licensing. 

Hit the Road and Save in Texas

Ready to get behind the wheel in the Lone Star state? The first step is to complete your DPS-approved driver's ed courses, which you can conveniently do online with Aceable's Texas online driving schools. If you already have a Texas driver's license but want to save on insurance or are eligible to remove a ticket from your record, Aceable's also offers an online Texas approved driving safety course..

Nowadays, you don't have to go into a stuffy classroom to complete driving school. Enroll and complete it all online, on your schedule, from the comfort of home using a mobile device or computer. Then, when it's time to get your license or renew it, you'll head over to the DPS.

Is the Texas DPS the same as the DMV?

How do I file a complaint against a car dealership in Texas?

How do I speak to a person at Texas DPS?

How do I check the status of my title in Texas?