Tire Engineers 3

[HamburgerHelper]

I thought this was a laugh but a tire shop here, "Tire Engineers", in Houston,TX got fined $5,000 by the Texas Board of Engineers.

Tire Engineers; Case Number B–35363
Violation: From on or about June 17, 2014, and continuing to the present day, Tire Engineers operated stores located at 3801 FM 1092, Missouri City, Texas, 77459 and 12807 FM 1960 Road West, Houston, Texas 77065, that displayed signage that included the phrase "Tire Engineers." Tire Engineers offered to perform engineering services and represented to the public it was capable of engaging in the practice of engineering.
Act/Rule Violated: Tex. Occ. Code §1001.405(e) and 22 TAC §137.71(1).
Resolution: Cease & Desist Order & Administrative Penalty of $5,000.00

 

[IRstuff]

Per the Texas Occupations Code cited in the OP. It's possible that the court won't sustain the judgement, but, otherwise...

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1001.htm[/URL]]SUBCHAPTER K. ADMINISTRATIVE PENALTY

Sec. 1001.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The board may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.


Sec. 1001.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of the prohibited act; and
(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts or resistance to efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The board may include in the amount of the penalty the actual costs of investigating and prosecuting the violation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 8, eff. September 1, 2013.


Sec. 1001.503. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the board's order becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or
(3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow account; or
(B) giving to the court a supersedeas bond that is approved by the court and that is:
(i) for the amount of the penalty; and
(ii) effective until judicial review of the board's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the executive director by certified mail.
(c) If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or give a supersedeas bond.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.


Sec. 1001.504. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.


Sec. 1001.505. DETERMINATION BY COURT. (a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b) If a court does not sustain the determination that a violation occurred, the court shall order that an administrative penalty is not owed.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.

TTFN
I can do absolutely anything. I'm an expert!
faq731-376 forum1529

 

[BUGGAR]

I e-mailed them about engineering some tires for my race car. They haven't responded yet.

 

[HamburgerHelper]

What would stop them from just registering as a firm and taking on a PE for an extremely small fee or some tires so that they don't have to change their signs and documentation?

 

[Lomarandil]

Some states (not sure about Texas) require that the PE in question be in be in some level of decision making for that business (stockholder, management, etc).

 

[JedClampett]

Texas seems to be extra vigilant in policing the use of "Engineer". I'm not passing judgement on "Tire Engineers" or "Rug Doctor" or "Building Engineer." I think "Tire Engineers" is on the edge, but they do snag some violators who do deserve to be snagged.
But it did make me think. Somewhere, there must be engineers who design tires. Maybe they're automotive engineers or chemical engineers or electrical engineers who went astray. And I bet there's a carload of engineering that goes into tires.

 

[GregLocock]

Sure,tire engineers exist, and they aren't PEs. Yes tires are rather complicated.

Cheers

Greg Locock


New here? Try reading these, they might help FAQ731-376

http://eng-tips.com/market.cfm?

 

[JStephen]

"What about manufacturers who use the word "engineering" in their company name"
As far as I know, they would be required to comply with the engineering laws in Texas also, provided they are in Texas.

"similar to the use to describe a train driver"- There is a specific exemption for that kind of usage, that is, an operating engineer that actually runs an engine; and I think that is true in most states.

"Dr Pepper"- I recall reading in the past that as part of the deal to use that name, they also omitted the period after Dr... so yes, that issue has arisen.

 

[TehMightyEngineer]

"Dr Pepper"- I recall reading in the past that as part of the deal to use that name, they also omitted the period after Dr... so yes, that issue has arisen.

Not saying you're wrong, but according to a quick google search the period was dropped for stylistic reasons.

Professional and Structural Engineer (ME, NH, MA)
American Concrete Industries

http://www.americanconcrete.com

 

[msquared48]

At 60 hours per week, I think we need to rename this string "Tired Engineers".

Mike McCann, PE, SE (WA)

 

[JStephen]

Feel free to say I'm wrong, too!
Actually, googling around some, I find the statement on Wikipedia about stylistic reasons, I find statements elsewhere about "not a real doctor so there's no period" but don't see anything really authoritative to support that either. I do remember reading it in that past, but not an issue I cared to research to confirm, either.