34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
and general public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) Any combination of a motortruck and any vehicle or vehicles
set forth in subdivision (e) that exceeds 40 feet in length when
coupled together.
(g) Any truck, or any combination of a truck and any other
vehicle, transporting hazardous materials.
(h) Manufactured homes which, when moved upon the highway, are
required to be moved under a permit as specified in Section 35780 or
35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, which, when moved upon a highway, is required to be
moved under a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Public
Utilities Commission or the Interstate Commerce Commission, but only
for matters relating to hours of service and logbooks of drivers.
(k) Any commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or any commercial motor vehicle of
any gross vehicle weight rating towing any vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers. For purposes of the subdivision, the
term "commercial motor vehicle" has the meaning defined in
subdivision (b) of Section 15210.
34500.1. In addition to the duties imposed by Section 34500, the
department shall regulate the safe operation of tour buses.
34500.2. No additional inspection shall be required under this
division on any vehicle which is owned and operated by a public
agency and is used for responding to and returning from an emergency,
as defined in subdivision (c) of Section 35002, during the duration
of the emergency, as determined by the public agency, if an
inspection pursuant to Section 1215 of Title 13 of the California
Code of Regulations has been completed on the vehicle within the past
24 hours. Any vehicle used in responding to an emergency shall be
inspected immediately upon the termination of the emergency.
34500.5. For purposes of this division, the term "commercial motor
vehicle" has the same meaning as defined in subdivision (b) of
Section 15210.
34501. (a) (1) The department shall adopt reasonable rules and
regulations that, in the judgment of the department, are designed to
promote the safe operation of vehicles described in Section 34500,
regarding, but not limited to, controlled substances and alcohol
testing of drivers by motor carriers, hours of service of drivers,
equipment, fuel containers, fueling operations, inspection,
maintenance, recordkeeping, accident reports, and drawbridges. The
rules and regulations shall not, however, be applicable to
schoolbuses, which shall be subject to rules and regulations adopted
pursuant to Section 34501.5.
The rules and regulations shall exempt local law enforcement
agencies, within a single county, engaged in the transportation of
inmates or prisoners when those agencies maintain other motor vehicle
operations records which furnish hours of service information on
drivers which are in substantial compliance with the rules and
regulations. This exemption does not apply to any local law
enforcement agency engaged in the transportation of inmates or
prisoners outside the county in which the agency is located, if that
agency would otherwise be required, by existing law, to maintain
driving logs.
(2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria. In
adopting the rules and regulations, the commissioner may consider
the commercial vehicle safety inspection and out-of-service criteria
adopted by organizations such as the Commercial Vehicle Safety
Alliance , other intergovernmental safety group, or the United States
Department of Transportation. The commissioner may provide
departmental representatives to that alliance or other organization
for the purpose of promoting the continued improvement and refinement
of compatible nationwide commercial vehicle safety inspection and
out-of-service criteria.
(3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory
capacity to the department, and the department shall cooperate and
confer with the advisory committee so appointed. The commissioner
shall appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.
(4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the
dispatch of vehicles or drivers, and the pay of drivers, to assure
compliance with this code and regulations adopted pursuant to this
section.
(b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials which are subject to other provisions of this code, that
the department determines are reasonably necessary to ensure the
safety of persons and property using the highways. The regulations
may include provisions governing the filling, marking, packing,
labeling, and assembly of, and containers that may be used for,
hazardous materials shipments, and the manner by which the shipper
attests that the shipments are correctly identified and in proper
condition for transport.
(c) At least once every 13 months, the department shall inspect
every maintenance facility or terminal of any person who at any time
operates any bus. If the bus operation includes more than 100 buses,
the inspection shall be without prior notice.
(d) The commissioner shall adopt and enforce regulations which
will make the public or private users of any bus aware of the
operator's last safety rating.
(e) It is unlawful and constitutes a misdemeanor for any person to
operate any bus without the inspection specified in subdivision (c)
having been conducted.
(f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance facility
or terminal if the vehicle is found in violation of this code or
regulations adopted pursuant to this section.
34501.1. A manufacturer or distributor of wheelchair lifts for
buses, schoolbuses, youth buses, and general public transit vehicles,
regardless of capacity, shall, prior to the distribution of the
wheelchair lift model in California, provide to the Department of the
California Highway Patrol proof of certification from an independent
laboratory or registered mechanical engineer of this state that the
wheelchair lift model complies with the California and any federal
law and the regulations adopted pursuant thereto.
34501.2. (a) The regulations adopted under Section 34501 for
vehicles engaged in interstate or intrastate commerce shall establish
hours-of-service regulations for drivers of those vehicles that are
consistent with the hours-of-service regulations adopted by the
United States Department of Transportation in Part 395 of Title 49 of
the Code of Federal Regulations, as those regulations now exist or
are hereafter amended.
(b) The regulations adopted under Section 34501 for vehicles
engaged in intrastate commerce that are not transporting hazardous
substances or hazardous waste, as those terms are defined by
regulations in Section 171.8 of Title 49 of the Code of Federal
Regulations, as those regulations now exist or are hereafter amended,
shall have the following exceptions:
(1) The maximum driving time within a work period shall be 12
hours for a driver of a truck or truck tractor, except for a driver
of a tank vehicle with a capacity of more than 500 gallons
transporting flammable liquid, who shall not drive for more than 10
hours within a work period.
(2) No motor carrier shall permit or require a driver to drive,
nor shall any driver drive, for any period after having been on duty
for 80 hours in any consecutive eight days.
(3) A driver employed by an electrical corporation, as defined in
Section 218 of the Public Utilities Code, a gas corporation, as
defined in Section 222 of that code, a telephone corporation, as
defined in Section 234 of that code, a water corporation, as defined
in Section 241 of that code, or a public water district as defined in
Section 20200 of the Water Code, may be permitted or required to
drive more than the number of hours specified in subdivision (a)
while operating a public utility or public water district vehicle
during the emergency restoration of service.
(4) Any other exceptions applicable to drivers assigned to
governmental fire suppression and prevention, as determined by the
department.
(5) A driver employed by a law enforcement agency, as defined in
Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations,
as that section now exists or is hereafter amended, during an
emergency or to restore the public peace.
(c) The regulations adopted under Section 34501 for vehicles
engaged in the transportation of farm products in intrastate commerce
shall include all of the following provisions:
(1) A driver employed by an agricultural carrier, including a
carrier holding a seasonal permit, or by a private carrier, when
transporting farm products from the field to the first point of
processing or packing, shall not drive for any period after having
been on duty 16 hours or more following eight consecutive hours off
duty and shall not drive for any period after having been on duty for
112 hours in any consecutive eight-day period, except that a driver
transporting special situation farm products from the field to the
first point of processing or packing, or transporting livestock from
pasture to pasture, may be permitted, during one period of not more
than 28 consecutive days or a combination of two periods totaling not
more than 28 days in a calendar year, to drive for not more than 12
hours during any workday of not more than 16 hours. A driver who
thereby exceeds the driving time limits specified in paragraph (2) of
subdivision (b) shall maintain a driver's record of duty status, and
shall keep a duplicate copy in his or her possession when driving a
vehicle subject to this chapter. These records shall be presented
immediately upon request by any authorized employee of the
department, or any police officer or deputy sheriff.
(2) Upon the request of the Director of Food and Agriculture, the
commissioner may, for good cause, temporarily waive the maximum
on-duty time limits applicable to any eight-day period when an
emergency exists due to inclement weather, natural disaster, or an
adverse economic condition that threatens to disrupt the orderly
movement of farm products during harvest for the duration of the
emergency. For purposes of this paragraph, an emergency does not
include a strike or labor dispute.
(3) For purposes of this subdivision, the following terms have the
following meanings:
(A) "Farm products" means every agricultural, horticultural,
viticultural, or vegetable product of the soil, honey and beeswax,
oilseeds, poultry, livestock, milk, or timber.
(B) "First point of processing or packing" means a location where
farm products are dried, canned, extracted, fermented, distilled,
frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled,
conditioned, or otherwise manufactured, processed, or preserved for
distribution in wholesale or retail markets.
(C) "Special situation farm products" means fruit, tomatoes, sugar
beets, grains, wine grapes, grape concentrate, cotton, or nuts.
34501.3. (a) No motor carrier shall schedule a run or permit or
require the operation of any motor vehicle subject to this division
between points within a period of time which would do either of the
following:
(1) Necessitate the vehicle being operated at speeds greater than
those prescribed by this code.
(2) Require the driver of the vehicle to exceed the applicable
maximum hours of service.
(b) A logbook of a driver, which reflects a trip or trips between
points within a period of time which would have necessitated
excessive speed to complete, shall give rise to a rebuttable
presumption that the driver exceeded the lawful speed limit.
(c) For a violation of paragraph (2) of subdivision (a), a first
offense is punishable by a fine of not more than one thousand dollars
($1,000), a second offense by a fine of not more than two thousand
five hundred dollars ($2,500), and a third or subsequent offense by a
fine of not more than five thousand dollars ($5,000).
34501.4. Any driver subject to the hours of service limitations and
logbook requirements of this division, who is unable to produce upon
request of a representative of the department any driver's logbook
or is only able to produce an incomplete driver's log book for the
prior 24-hour period, is rebuttably presumed to be in violation of
the hours of service limitations in Sections 34501 and 34501.2.
34501.5. (a) The Department of the California Highway Patrol shall
adopt reasonable rules and regulations which, in the judgment of the
department, are designed to promote the safe operation of vehicles
described in Sections 38045 and 82321 of the Education Code and
Sections 545 and 34500 of this code. The Commissioner of the
California Highway Patrol shall appoint a committee of 11 members to
act in an advisory capacity when developing and adopting regulations
affecting school pupil transportation buses and school pupil
transportation operations. The advisory committee shall consist of
11 members appointed as follows:
(1) One member of the State Department of Education.
(2) One member of the Department of Motor Vehicles.
(3) One member of the Department of the California Highway Patrol.
(4) One member who is employed as a schoolbus driver.
(5) One member of the Office of Traffic Safety in the Business,
Transportation and Housing Agency.
(6) Two members who are schoolbus contractors, one of whom shall
be from an urban area of the state and one of whom shall be from a
rural area of the state, as determined by the department.
(7) Two members who are representatives of school districts, one
of whom shall be from an urban area of the state and one of whom
shall be from a rural area of the state, as determined by the
department.
(8) One professionally licensed member of the American Academy of
Pediatrics.
(9) One member representing school pupil transportation operations
other than schoolbus operations.
(b) The department shall cooperate and confer with the advisory
committee appointed pursuant to this section prior to adopting rules
or regulations affecting school pupil transportation buses and school
pupil transportation operations.
34501.6. The governing board of a local educational agency that
provides for the transportation of pupils shall adopt procedures that
limit the operation of schoolbuses when atmospheric conditions
reduce visibility on the roadway to 200 feet or less during regular
home-to-school transportation service. Operational policies for
school activity trips shall give schoolbus drivers discretionary
authority to discontinue schoolbus operation if the driver determines
that it is unsafe to continue operation because of reduced
visibility.
34501.7. (a) Any rules or regulations adopted pursuant to Section
34501 for the construction, testing, or certification of wheelchair
lifts for installation and use on buses shall take into consideration
the costs of implementing the regulations and shall be reviewed and
brought up to date by the department annually.
(b) This section shall become operative on July 1, 1987.
34501.8. (a) The Department of the California Highway Patrol shall
inspect every general public paratransit vehicle, as defined in
Section 336, at least once each year to certify that its condition
complies with all provisions of law, including being equipped with a
fire extinguisher, first-aid kit, and three-point tie downs for
transporting wheelchair passengers.
(b) On or after July 1, 1989, no person shall drive any general
public paratransit vehicle unless there is displayed therein a
certificate issued by the Department of the California Highway Patrol
stating that on a certain date, which shall be within 13 months of
the date of operation, an authorized employee of the Department of
the California Highway Patrol inspected the general public
paratransit vehicle and found that on the date of inspection the
general public paratransit vehicle complied with the applicable
provisions of state law. The Commissioner of the California Highway
Patrol shall provide, by rule or regulation, for the issuance and
display of distinctive inspection certificates.
(c) The Commissioner of the California Highway Patrol shall
determine a fee and method of collection for the annual inspection of
general public paratransit vehicles. The fee, established by
regulation, shall be sufficient to cover the cost to the department
for general public paratransit vehicle inspections. All fees
received shall be deposited in the Motor Vehicle Account in the State
Transportation Fund.
This section shall become operative January 1, 1989.
34501.9. (a) Nothing in this division or the regulations adopted
under this division is intended to, or shall, affect the rate of
payment of wages, including, but not limited to, regular, premium, or
overtime rates, paid to any person whether for on-duty hours or
driving hours or otherwise.
(b) Nothing in this division or the regulations adopted under this
division is intended to, or shall, affect the regulations adopted
pursuant to other provisions of law concerning the rate or rates of
payment of wages by any other public agency, including, but not
limited to, the Industrial Welfare Commission or the Division of
Labor Standards Enforcement of the Department of Industrial
Relations.
34501.10. The employer of any person required to keep log books,
records of physical examination, and other driver records as may be
required by the Department of the California Highway Patrol, the
Department of Motor Vehicles, or the State Department of Health
Services, shall register with the Department of the California
Highway Patrol the address where the log books and other records are
available for inspection.
34501.12. (a) Notwithstanding Section 408, as used in this section
and Sections 34505.5 and 34505.6, "motor carrier" means the
registered owner of any vehicle described in subdivision (a), (b),
(e), (f), or (g) of Section 34500, except in the following
circumstances:
(1) The registered owner leases the vehicle to another person for
a term of more than four months. If the lease is for more than four
months, the lessee is the motor carrier.
(2) The registered owner operates the vehicle exclusively under
the authority and direction of another person. If the operation is
exclusively under the authority and direction of another person, that
other person may assume the responsibilities as the motor carrier.
If not so assumed, the registered owner is the motor carrier. A
person who assumes the motor carrier responsibilities of another
pursuant to subdivision (b) shall provide to that other person whose
motor carrier responsibility is so assumed, a completed copy of a
department form documenting that assumption, stating the period for
which responsibility is assumed, and signed by an agent of the
assuming person. A legible copy shall be carried in each vehicle or
combination of vehicles operated on the highway during the period for
which responsibility is assumed. That copy shall be presented upon
request by any authorized employee of the department. The original
completed departmental form documenting the assumption shall be
provided to the department within 30 days of the assumption. If the
assumption of responsibility is terminated, the person who had
assumed responsibility shall so notify the department in writing
within 30 days of the termination.
(b) (1) A motor carrier may combine two or more terminals for
purposes of the inspection required by subdivision (d) subject to all
of the following conditions:
(A) The carrier identifies to the department, in writing, each
terminal proposed to be included in the combination of terminals for
purposes of this subdivision prior to an inspection of the designated
terminal pursuant to subdivision (d).
(B) The carrier provides the department, prior to the inspection
of the designated terminal pursuant to subdivision (d), a written
listing of all its vehicles of a type subject to subdivision (a),
(b), (e), (f), or (g) of Section 34500 that are based at each of the
terminals combined for purposes of this subdivision. The listing
shall specify the number of vehicles of each type at each terminal.
(C) The carrier provides to the department at the designated
terminal during the inspection all maintenance records and driver
records and a representative sample of vehicles based at each of the
terminals included within the combination of terminals.
(2) If the carrier fails to provide the maintenance records,
driver records, and representative sample of vehicles pursuant to
subparagraph (C) of paragraph (1), the department shall assign the
carrier an unsatisfactory terminal rating and require a reinspection
to be conducted pursuant to subdivision (h).
(3) For purposes of this subdivision, the following terms have the
meanings given:
(A) "Driver records" includes pull notice system records, driver
proficiency records, and driver timekeeping records.
(B) "Maintenance records" includes all required maintenance,
lubrication, and repair records and drivers' daily vehicle condition
reports.
(C) "Representative sample" means the following, applied
separately to the carrier's fleet of motortrucks and truck tractors
and its fleet of trailers:
Representative
Fleet Size Sample
1 or 2 All
3 to 8 3
9 to 15 4
16 to 25 6
26 to 50 9
51 to 90 14
91 or more 20
(c) Each motor carrier who, in this state, directs the operation
of, or maintains, any vehicle of a type described in subdivision (a)
shall designate one or more terminals, as defined in Section 34515,
in this state where vehicles can be inspected by the department
pursuant to paragraph (4) of subdivision (a) of Section 34501 and
where vehicle inspection and maintenance records and driver records
will be made available for inspection.
(d) (1) The department shall inspect, at least every 25 months,
every terminal, as defined in Section 34515, of any motor carrier
who, at any time, operates any vehicle described in subdivision (a).
(2) The department shall place an inspection priority on those
terminals operating vehicles listed in subdivision (g) of Section
34500.
(3) As used in this section and in Sections 34505.5 and 34505.6,
subdivision (f) of Section 34500 includes only those combinations
where the gross vehicle weight rating (GVWR) of the towing vehicle
exceeds 10,000 pounds, but does not include a pickup truck, and
subdivision (g) of Section 34500 includes only those vehicles
transporting hazardous material for which the display of placards is
required pursuant to Section 27903, a license is required pursuant to
Section 32000.5, or for which hazardous waste transporter
registration is required pursuant to Section 25163 of the Health and
Safety Code. Historical vehicles, as described in Section 5004,
vehicles that display special identification plates in accordance
with Section 5011, implements of husbandry and farm vehicles, as
defined in Chapter 1 (commencing with Section 36000) of Division 16,
and vehicles owned or operated by an agency of the federal government
are not subject to this section or to Sections 34505.5 and 34505.6.
(e) (1) It is the responsibility of the motor carrier to schedule
with the department the inspection required by subdivision (d). The
motor carrier shall submit an application form supplied by the
department, accompanied by the required fee. The fee, which is
nonrefundable, is four hundred dollars ($400) per terminal, except in
the case of an owner-operator, or a nonregulated motor carrier who
owns, leases, or otherwise operates not more than one heavy power
unit and not more than three towed vehicles described in subdivision
(a), (b), (e), (f), or (g) of Section 34500, for which the fee shall
be one hundred dollars ($100). Federal, state, and local public
entities are exempt from the fee requirements of this section.
(2) Except as provided in paragraph (4), the inspection term for
each inspected terminal of a motor carrier shall expire 25 months
from the date the terminal receives a satisfactory compliance rating,
as specified in subdivision (h). Applications and fees for
subsequent inspections shall be submitted not earlier than nine
months and not later than seven months before the expiration of the
motor carrier's then current inspection term. If the motor carrier
has submitted the inspection application and the required
accompanying fees, but the department is unable to complete the
inspection within the 25-month inspection period, then no additional
fee shall be required for the inspection requested in the original
application.
(3) All fees collected pursuant to this subdivision shall be
deposited in the Motor Vehicle Account in the State Transportation
Fund. An amount equal to the fees collected shall be available for
appropriation by the Legislature from the Motor Vehicle Account to
the department for the purpose of conducting truck terminal
inspections and for the additional roadside safety inspections
required by Section 34514.
(4) To avoid the scheduling of a renewal terminal inspection
pursuant to this section during a carrier's seasonal peak business
periods, the current inspection term of a terminal that has paid all
required fees and has been rated satisfactory in its last inspection
may be reduced by not more than nine months if a written request is
submitted by the carrier to the department at least four months prior
to the desired inspection month, or at the time of payment of
renewal inspection fees in compliance with paragraph (2), whichever
date is earlier. A motor carrier may request this adjustment of the
inspection term during any inspection cycle. A request made pursuant
to this paragraph shall not result in a fee proration and does not
relieve the carrier from the requirements of paragraph (2).
(f) It is unlawful for a motor carrier to operate any vehicle
subject to this section without having submitted an inspection
application and the required fees to the department as required by
subdivision (e) or (h).
(g) It is unlawful for any motor carrier to operate any vehicle
subject to this section after submitting an inspection application to
the department, without the inspection described in subdivision (d)
having been performed and a safety compliance report having been
issued to the motor carrier within the 25-month inspection period or
within 60 days immediately preceding the inspection period.
(h) (1) Any inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected within 120 days after the
issuance of the unsatisfactory compliance rating.
(2) A terminal's first required reinspection under this
subdivision shall be without charge unless one or more of the
following is established:
(A) The motor carrier's operation presented an imminent danger to
public safety.
(B) The motor carrier was not in compliance with the requirement
to enroll all drivers in the pull notice program pursuant to Section
1808.1.
(C) The motor carrier failed to provide all required records and
vehicles for a consolidated inspection pursuant to subdivision (b).
(3) If the unsatisfactory rating was assigned for any of the
reasons set forth in paragraph (2), the carrier shall submit the
required fee as provided in paragraph (4).
(4) Applications for reinspection pursuant to paragraph (3) or for
second and subsequent consecutive reinspections under this
subdivision shall be accompanied by the fee specified in paragraph
(1) of subdivision (e) and shall be filed within 60 days of issuance
of the unsatisfactory compliance rating. The reinspection fee is
nonrefundable.
(5) When a motor carrier's Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as a
result of an unsatisfactory compliance rating, the department shall
conduct no reinspection until requested to do so by the Department of
Motor Vehicles or the Public Utilities Commission, as appropriate.
(i) It is the intent of the Legislature that the department make
its best efforts to inspect terminals within the resources provided.
In the interest of the state, the Commissioner of the California
Highway Patrol may extend for a period not to exceed six months the
inspection terms beginning prior to July 1, 1990.
(j) To encourage motor carriers to attain continuous satisfactory
compliance ratings, the department may establish and implement an
incentive program consisting of the following:
(1) After the second consecutive satisfactory compliance rating
assigned to a motor carrier terminal as a result of an inspection
conducted pursuant to subdivision (d), and after each consecutive
satisfactory compliance rating thereafter, an appropriate
certificate, denoting the number of consecutive satisfactory ratings,
shall be awarded to the terminal, unless the terminal has received
an unsatisfactory compliance rating as a result of any inspection
conducted in the interim between the consecutive inspections
conducted under subdivision (d), or the motor carrier is rated
unsatisfactory by the department following a controlled substances
and alcohol testing program inspection. The certificate authorized
under this paragraph shall not be awarded for performance in the
administrative review authorized under paragraph (2). However, the
certificate shall include a reference to any administrative reviews
conducted during the period of consecutive satisfactory ratings.
(2) Unless the department's evaluation of the motor carrier's
safety record indicates a declining level of compliance, a terminal
that has attained two consecutive satisfactory compliance ratings
assigned following inspections conducted pursuant to subdivision (d)
is eligible for an administrative review in lieu of the next required
inspection, unless the terminal has received an unsatisfactory
compliance rating as a result of any inspection conducted in the
interim between the consecutive inspections conducted under
subdivision (d). An administrative review shall consist of all of
the following:
(A) A signed request by a terminal management representative
requesting the administrative review in lieu of the required
inspection containing a promise to continue to maintain a
satisfactory level of compliance for the next 25-month inspection
term.
(B) A review with a terminal management representative of the
carrier's record as contained in the department's files. If a
terminal has been authorized a second consecutive administrative
review, the review required under this subparagraph is optional, and
may be omitted at the carrier's request.
(C) Absent any cogent reasons to the contrary, upon completion of
the requirements of subparagraphs (A) and (B), the safety compliance
rating assigned during the last required inspection shall be extended
for 25 months.
(3) Not more than two administrative reviews may be conducted
consecutively. At the completion of the 25-month inspection term
following a second administrative review, a terminal inspection shall
be conducted pursuant to subdivision (d). If this inspection
results in a satisfactory compliance rating, the terminal shall again
be eligible for an administrative review in lieu of the next
required inspection. If the succession of satisfactory ratings is
interrupted by any rating of other than satisfactory, irrespective of
the reason for the inspection, the terminal shall again attain two
consecutive satisfactory ratings to become eligible for an
administrative review.
(4) As a condition for receiving the administrative reviews
authorized under this subdivision in lieu of inspections, and in
order to ensure that compliance levels remain satisfactory, the motor
carrier shall agree to accept random, unannounced inspections by the
department.
34501.14. (a) Notwithstanding Section 34501.12, for purposes of
this division, safety inspections of grape gondolas are governed by
this section.
(b) Every registered owner of a grape gondola shall submit an
application and the fee specified in subdivision (g) to the
department for the initial inspection required by this section. The
initial application shall be submitted on or before July 1, 1993.
The inspection term for a grape gondola shall expire 25 months from
the date the department conducts the inspection, and issues a
certificate indicating the gondola has passed the inspection, and
every 25 months thereafter. Applications and fees for subsequent
inspections and certificates shall be submitted not later than seven
months before the expiration of the then current inspection term. If
the registered owner has submitted the inspection application and
the required accompanying fees, but the department is unable to
complete the inspection within the 25-month inspection period, then
no additional fee shall be required for the inspection requested in
the original application.
(c) On and after July 1, 1993, no person may operate any grape
gondola without having submitted an inspection application and the
required fees to the department as required by this section.
(d) On and after January 1, 1995, no person may operate any grape
gondola, without the inspection described in subdivision (e) having
been performed and a certificate having been issued to the owner.
(e) The safety inspection undertaken pursuant to this section
shall be limited to an inspection of the brake system, steering,
lights, connections, wheels and tires, frame, and suspension.
(f) For purposes of undertaking the inspection of grape gondolas
under this section, the department shall schedule all inspections at
one central location during a continuous eight-week period every
odd-numbered year with at least two days of each week during that
eight-week period devoted to the actual inspection. If the gondola
does not pass its first inspection, it may be reinspected during the
eight-week period at no additional cost.
(g) Fees shall be established by the department in an amount equal
to the actual costs incurred by the department in carrying out this
section, but not to exceed twenty-five dollars ($25) for each
inspection or reinspection.
(h) As used in this section, "grape gondola" means a motor vehicle
which has been permanently altered and is attached to a grape tank
by two means. The first mean is by use of a kingpin on the trunk
which is centered through a turntable assembly on the tank. The
second means of attachment is through the use of a pair of horizontal
crossarms between the drive axle and the rear tank axle. The tank
is designed to pivot off of the chassis on two support arms during
dumping, and is further designed to be specifically compatible with
dumping facilities of the wineries.
(i) This section only applies to a grape gondola that is used
under all of the following conditions:
(1) For 60 days or less during any calendar year.
(2) For not more than 500 miles in any calendar year.
(3) Only for the transportation of grapes.
34501.13. If the inspection of a carrier facility, maintenance
facility, or terminal of any person who operates a schoolbus results
in an unsatisfactory terminal rating by the department, the
department shall notify the school board of the district that is
responsible for the terminal.
34501.15. (a) The regulations adopted pursuant to Section 34501
shall require that any driver of a commercial motor vehicle, as
defined in Section 15210, be ordered out of service for 24 hours if
the driver is found to have 0.01 percent or more, by weight, of
alcohol in his or her blood.
(b) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in that act and
Section 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to order the operator of a commercial vehicle out
of service for 24 hours when the operator has a measurable
concentration of alcohol in his or her blood.
(c) The director shall submit a notice of the determination under
subdivision (b) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice.
34501.16. (a) Every employer of a commercial driver shall provide
information to that employee at the time of hiring and to all
employed commercial drivers annually, concerning all of the
following:
(1) The prohibition against driving a commercial motor vehicle
with over 0.04 percent or more, by weight, alcohol in his or her
blood on and after January 1, 1992.
(2) The requirement to be placed out of service for 24 hours if
the person's blood-alcohol concentration is tested to be 0.01 percent
or more, by weight, on and after January 1, 1992.
(b) The Department of Motor Vehicles shall include the information
prescribed in subdivision (a), together with information concerning
the alcohol concentration in a person's blood resulting from
consumption of alcoholic beverages, in each publication of the
commercial driver's handbook published after January 1, 1990.
(c) This section shall remain operative until the director
determines that federal regulations adopted pursuant to the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et
seq.) do not require the state to implement the prohibitions and
requirements in paragraphs (1) and (2) of subdivision (a).
(d) The director shall submit a notice of the determination under
subdivision (c) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice.
34501.17. (a) All paratransit vehicles shall be regularly and
systematically inspected, maintained, and lubricated by the owner or
operator in accordance with the manufacturer's recommendations, or
more often if necessary to ensure the safe operating condition of the
vehicle. The maintenance shall include, at a minimum, in-depth
inspection of the vehicle's brake system, steering components,
lighting system, and wheels and tires, to be performed at intervals
in accordance with the manufacturer's recommendations.
(b) All owners or operators of paratransit vehicles shall document
each systematic inspection, maintenance, and lubrication and repair
performed for each vehicle subject to this section. Required records
shall include service performed, the name of the person performing
the service, the date that the service was performed, and the
odometer reading of the vehicle at the time of the service. The
records shall be maintained for the period that the vehicle is in
service at the place of business in this state of the owner or
operator of the vehicle, and shall be presented upon demand to any
authorized representative of the department. The odometer of a
paratransit vehicle shall be maintained in proper working order.
34501.18. (a) Every motor carrier regularly employing more than 20
full-time drivers shall report to the department whenever it replaces
more than half of its drivers within a 30-day period. Within 21
days of receipt of that report, the department shall inspect the
motor carrier to ensure that the motor carrier is complying with all
safety of operations requirements, including, but not limited to,
controlled substances testing and hours-of-service regulations. The
reporting requirement of this subdivision does not apply to a motor
carrier who, through normal seasonal fluctuations in the business
operations of the carrier, or through termination of a contract for
transportation services, other than a collective bargaining
agreement, replaces drivers in one geographical location with drivers
in another geographical location.
(b) For the purposes of subdivision (a), "employing" means having
an employer-employee relationship with a driver or contracting with
an owner-operator, as described in Section 34624, to provide
transportation services for more than 30 days within the previous
year.
(c) For the purposes of subdivision (a), "full-time" means that
the driver is on-duty with the motor carrier for an average of 30
hours or more per week during the course of his or her employment or
contract with the motor carrier.
34502. In adopting rules and regulations, the Department of the
California Highway Patrol shall consider as evidence of generally
accepted safety standards the rules and regulations which have been
adopted by the Public Utilities Commission.
34503. It is the legislative intention in enacting this division
that the rules and regulations adopted by the Department of the
California Highway Patrol pursuant to this division shall apply
uniformly throughout the State of California, and no state agency,
city, city and county, county, or other political subdivision of this
State, including, but not limited to, a chartered city, city and
county, or county, shall adopt or enforce any ordinance or regulation
which is inconsistent with the rules and regulations adopted by the
department pursuant to this division.
34504. The Department of the California Highway Patrol shall
enforce the rules and regulations adopted pursuant to Section 34501.
Rules and regulations adopted pursuant to Section 34501 shall become
effective on March 1, 1965.
34505. (a) Tour bus operators shall, in addition to the systematic
inspection, maintenance, and lubrication services required of all
motor carriers, require each tour bus to be inspected at least every
45 days, or more often if necessary to ensure safe operation. This
inspection shall include, but not be limited to, all of the
following:
(1) Brake adjustment.
(2) Brake system components and leaks.
(3) Steering and suspension systems.
(4) Tires and wheels.
(b) A tour bus shall not be used to transport passengers until all
defects listed during the inspection conducted pursuant to
subdivision (a) have been corrected and attested to by the signature
of the operator's authorized representative.
(c) Records of inspections conducted pursuant to subdivision (a)
shall be kept at the operator's maintenance facility or terminal
where the tour bus is regularly garaged. The records shall be
retained by the operator for one year, and shall be made available
for inspection upon request by any authorized employee of the
department. Each record shall include, but not be limited to, all of
the following:
(1) Identification of the vehicle, including make, model, license
number, or other means of positive identification.
(2) Date and nature of each inspection and any repair performed.
(3) Signature of operator's authorized representative attesting to
the inspection and to the completion of all required repairs.
(4) Company vehicle number.
34505.1. (a) Upon determining that a tour bus operator has either
(1) failed to maintain any vehicle used in transportation for
compensation in a safe operating condition or to comply with the
Vehicle Code or with regulations contained in Title 13 of the
California Code of Regulations relative to motor carrier safety, and,
in the department's opinion, that failure presents an imminent
danger to public safety or constitutes such a consistent failure as
to justify a recommendation to the Public Utilities Commission or the
Interstate Commerce Commission or (2) failed to enroll all drivers
in the pull notice system as required by Section 1808.1, the
department shall recommend to the Public Utilities Commission that
the carrier's operating authority be suspended, denied, or revoked,
or to the federal Highway Administration Office of Motor Carriers,
that appropriate administrative action be taken against the carrier's
Interstate Commerce Commission operating authority, whichever is
appropriate. For purposes of this subdivision, two consecutive
unsatisfactory compliance ratings for an inspected terminal assigned
because the tour bus operator failed to comply with the periodic
report requirements of Section 1808.1 or the cancellation of the
operator's enrollment by the Department of Motor Vehicles for
nonpayment of required fees is a consistent failure. However, when
recommending denial of an application for new or renewal authority,
the department need not conclude that the carrier's failure presents
an imminent danger to public safety or that it constitutes a
consistent failure. The department need only conclude that the
carrier's compliance with the safety-related matters described in
paragraph (1) of subdivision (a) is sufficiently unsatisfactory to
justify a recommendation for denial. The department shall retain a
record, by operator, of every recommendation made pursuant to this
section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension, revocation,
or denial of the carrier's operating authority by the California
Public Utilities Commission or the Interstate Commerce Commission.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier,
the department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).
34505.5. (a) Every motor carrier operating any vehicle described in
subdivision (a), (b), (e), (f), or (g) of Section 34500, except
those vehicles exempted under Section 34501.12, shall, as a part of
the systematic inspection, maintenance, and lubrication services
required of all motor carriers, require the vehicle or vehicles for
which it is responsible pursuant to Section 34501.12 to be inspected
at least every 90 days, or more often if necessary to ensure safe
operation. Vehicles which are out of service for periods greater
than 90 calendar days are not required to be inspected at 90-day
intervals if they are inspected before operation on the highway.
This inspection shall include, but not be limited to, all of the
following:
(1) Brake adjustment.
(2) Brake system components and leaks.
(3) Steering and suspension systems.
(4) Tires and wheels.
(5) Vehicle connecting devices.
(b) No vehicle subject to this section shall be operated on the
highway other than to a place of repair until all defects listed
during the inspection conducted pursuant to subdivision (a) have been
corrected and attested to by the signature of the motor carrier's
authorized representative.
(c) Records of inspections conducted pursuant to subdivision (a)
shall be kept at the motor carrier's terminals, as designated in
accordance with Section 34501.12. The records shall be retained by
the motor carrier for two years, and shall be made available for
inspection upon request by any authorized employee of the
department. Each record shall include, but not be limited to, all of
the following:
(1) Identification of the vehicle, including make, model, license
number, company vehicle number, or other means of positive
identification.
(2) Date and nature of each inspection and any repair performed.
(3) Signature of the motor carrier's authorized representative
attesting to the inspection and to the completion of all required
repairs.
(d) Printouts of inspection and maintenance records maintained in
computer systems shall be accepted in lieu of signed inspection or
repair records if the printouts include the information required in
paragraphs (1) and (2) of subdivision (c).
(e) Notwithstanding subdivisions (a) to (d), inclusive, records of
90-day inspections need not be retained in California for interstate
vehicles which are not physically based in California. However,
when these vehicles are present in California, they are subject to
inspection by the department. If the inspection results indicate
maintenance program deficiencies, the department may require the
motor carrier to produce the maintenance records or copies of those
records for inspection within 10 working days.
34505.6. (a) Upon determining that a motor carrier of property who
is operating any vehicle described in subdivision (a), (b), (e), (f),
(g), or (k) of Section 34500, or any motortruck of two or more axles
that is more than 10,000 pounds gross vehicle weight rating, on a
public highway, has done any of the following, the department shall
recommend that the Department of Motor Vehicles suspend or revoke the
carrier's motor carrier permit, or for interstate operators, the
department shall recommend to the Federal Motor Carrier Safety
Administration that appropriate administrative action be taken
against the carrier:
(1) Failed to maintain any vehicle of a type described above in a
safe operating condition or to comply with the Vehicle Code or with
applicable regulations contained in Title 13 of the California Code
of Regulations, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes a
consistent failure so as to justify a suspension or revocation of the
motor carrier's motor carrier permit.
(2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
(3) Failed to submit any application or pay any fee required by
subdivision (e) or (h) of Section 34501.12 within the timeframes set
forth in that section.
(b) Upon determining that a household goods carrier, or a
household goods carrier transporting used office, store, or
institution furniture and fixtures under its household goods carrier
permit issued under Section 5137 of the Public Utilities Code,
operating any vehicle described in subdivision (a), (b), (e), (f),
(g), or (k) of Section 34500 on a public highway has done any of the
following, the department shall recommend that the Public Utilities
Commission deny, suspend, or revoke the carrier's operating
authority, or for interstate operators, the department shall
recommend to the Federal Motor Carrier Safety Administration that
appropriate administrative action be taken against the carrier:
(1) Failed to maintain any vehicle used in transportation for
compensation in a safe operating condition or to comply with the
Vehicle Code or with applicable regulations contained in Title 13 of
the California Code of Regulations, and, in the department's opinion,
that failure presents an imminent danger to public safety or
constitutes a consistent failure so as to justify a suspension,
revocation, or denial of the motor carrier's operating authority.
(2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
(3) Failed to submit any application or pay any fee required by
subdivision (e) or (h) of Section 34501.12 within the timeframes set
forth in that section.
(c) For purposes of this section, two consecutive unsatisfactory
compliance ratings for an inspected terminal assigned because the
motor carrier failed to comply with the periodic report requirements
of Section 1808.1 or the cancellation of the carrier's enrollment by
the Department of Motor Vehicles for the nonpayment of required fees
is a consistent failure. The department shall retain a record, by
operator, of every recommendation made pursuant to this section.
(d) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record or compliance with Section 1808.1 or subdivision (e) or (h) of
Section 34501.12 is unsatisfactory, furnishing a copy of any
documentation or summary of any other evidence supporting the
determination.
(2) That the determination may result in a suspension, revocation,
or denial of the carrier's motor carrier permit by the Department of
Motor Vehicles, suspension, revocation, of the motor carrier's
operating authority by the California Public Utilities Commission, or
administrative action by the Federal Motor Carrier Safety
Administration.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review pursuant to this paragraph is
requested by the carrier, the department shall conduct and evaluate
that review prior to transmitting any notification pursuant to
subdivision (a) or (b).
(e) Upon receipt of a written recommendation from the department
that a motor carrier permit or operating authority be suspended,
revoked, or denied, the Department of Motor Vehicles or Public
Utilities Commission, as appropriate, shall, pending a hearing in the
matter pursuant to Section 34623 or appropriate Public Utilities
Commission authority, suspend the motor carrier permit or operating
authority. The written recommendation shall specifically indicate
compliance with subdivision (d).
34505.7. (a) Upon determining that a private carrier of passengers,
as defined in Section 4001 of the Public Utilities Code, has either
(1) failed to maintain any vehicle of the carrier in a safe operating
condition or to comply with the Vehicle Code or with regulations
contained in Title 13 of the California Code of Regulations relative
to motor carrier safety, and, in the department's opinion, the
failure presents an imminent danger to public safety or constitutes
such a consistent failure as to justify a recommendation to the
Public Utilities Commission, or (2) failed to enroll all drivers in
the pull notice system as required by Section 1808.1, the department
shall make a written recommendation to the Public Utilities
Commission that the carrier's registration be suspended. Two
consecutive unsatisfactory terminal ratings assigned for failure to
comply with the periodic report requirements in Section 1808.1, or
cancellation of an employer's enrollment by the Department of Motor
Vehicles for nonpayment of fees, constitutes a consistent failure.
The department shall retain a record, by operator, of every
recommendation made pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall give written notice to the carrier of all
of the following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension or
revocation of the carrier's registration by the California Public
Utilities Commission.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
by this subdivision. If a review pursuant to this paragraph is
requested by the carrier, the department shall conduct and evaluate
that review prior to transmitting any notification pursuant to
subdivision (a).
(c) Commercial vehicle inspection facilities along the border of
Mexico, including those in Calexico and Otay Mesa, shall be staffed
at all times by a California Highway Patrol inspector whenever those
facilities are open to the public. The California Highway Patrol
shall also assign, as staffing permits, a commercial inspector to
control truck traffic entering the United States at the Tecate border
crossing.
34505.9. (a) An ocean marine terminal that receives and dispatches
intermodal chassis may conduct the intermodal roadability inspection
program, as described in this section, in lieu of the inspection
required by Section 34505.5, if the terminal meets all of the
following conditions:
(1) More than 1,000 chassis are based at the ocean marine
terminal.
(2) The ocean marine terminal, following the two most recent
consecutive inspections required by Section 34501.12, has received
satisfactory compliance ratings, and the terminal has received no
unsatisfactory compliance ratings as a result of any inspection
conducted in the interim between the consecutive inspections
conducted under Section 34501.12.
(3) Each intermodal chassis exiting the ocean marine terminal
shall have a current decal and supporting documentation in accordance
with Section 396.17 of Title 49 of the Code of Federal Regulations.
(4) The ocean marine terminal's intermodal roadability inspection
program shall consist of all of the following:
(A) Each time an intermodal chassis is released from the ocean
marine terminal, the chassis shall be inspected. The inspection
shall include, but not be limited to, brake adjustment, brake system
components and leaks, suspension systems, tires and wheels, vehicle
connecting devices, and lights and electrical system, and shall
include a visual inspection of the chassis to determine that it has
not been tampered with.
(B) Each inspection shall be recorded on a daily roadability
inspection report that shall include, but not be limited to, all of
the following:
(i) Positive identification of the intermodal chassis, including
company identification number and vehicle license plate number.
(ii) Date and nature of each inspection.
(iii) Signature, under penalty of perjury, of the ocean marine
terminal operator or an authorized representative that the inspection
has been performed.
(iv) The inspector shall affix a green tag to a chassis that has
passed inspection and a red tag to a chassis that has failed
inspection. The tag shall contain the name of the inspector and the
date and time that the inspection was completed and shall be placed
in a conspicuous location so that it may be viewed from the rear of
the vehicle. The tag shall be provided by the marine terminal
operator and shall meet specifications determined by the Department
of the California Highway Patrol. The provisions of this
subparagraph shall also be applicable to an intermodal chassis
inspected by a marine terminal operator pursuant to Section 34505.5.
(C) Records of each inspection conducted pursuant to subparagraph
(A) shall be retained for 90 days at the ocean marine terminal at
which each chassis is based and shall be made available upon request
by any authorized employee of the department.
(D) Defects noted on any intermodal chassis shall be repaired, and
the repairs shall be recorded on the intermodal chassis maintenance
file, before the intermodal chassis is released from the control of
the ocean marine terminal. No vehicle subject to this section shall
be released to a motor carrier or operated on the highway other than
to a place of repair until all defects listed during the inspection
conducted pursuant to subparagraph (A) have been corrected and
attested to by the signature of the operator's authorized
representative.
(E) Records of maintenance or repairs performed pursuant to the
inspection in subparagraph (A) shall be maintained at the ocean
marine terminal for two years and shall be made available upon
request of the department. Repair records may be retained in a
computer system if printouts of those records are provided to the
department upon request.
(F) Individuals performing ocean marine terminal roadability
inspections pursuant to this section shall be qualified, at a
minimum, as set forth in Section 396.19 of Title 49 of the Code of
Federal Regulations. Evidence of each inspector's qualification
shall be retained by the ocean marine terminal operator for the
period during which the inspector is performing intermodal
roadability inspections.
(b) The records maintained pursuant to paragraphs (C) and (E) of
subdivision (a) and Section 34505.5 shall be made available during
normal business hours to any motor carrier or driver or the
authorized representative thereof who has been engaged to transport
an intermodal container on a chassis inspected pursuant to this
section or Section 34505.5 from the ocean marine terminal.
(c) Any citation issued for the violation of any state or federal
law related to the defective condition of an intermodal chassis
subject to inspection pursuant to this section or Section 34505.5,
that is not owned by that motor carrier or commercial driver, shall
be issued to the entity responsible for the inspection and
maintenance of the intermodal chassis, unless the officer determines
that the defective condition of the intermodal chassis was caused by
the failure of the driver to operate a commercial motor vehicle in a
safe manner.
(d) Any provision contained in a contract between the registered
owner or lessee of an intermodal chassis subject to inspection
pursuant to this section, or any other entity responsible for the
inspection and maintenance of the intermodal chassis, and any motor
carrier or any contract between a motor carrier and another motor
carrier engaged to transport an intermodal container on a chassis
subject to inspection pursuant to this section that contains a hold
harmless or indemnity clause concerning defects in the physical
condition of that chassis shall be void as against public policy.
This subdivision shall not apply to damage to the intermodal chassis
caused by the negligent or willful failure of the motor carrier to
operate a commercial motor vehicle in a safe manner.
(e) Following a terminal inspection in which the department
determines that an operator of an ocean marine terminal has failed to
comply with the requirements of this section, the department shall
conduct a reinspection within 120 days as specified in subdivision
(h) of Section 34501.12. If the terminal fails the reinspection, the
department shall direct the operator to comply with the requirements
of Section 34505.5 until eligibility to utilize the inspection
program described in this section is reestablished pursuant to
subdivision (a). If any inspection results in an unsatisfactory
rating due to conditions presenting an imminent danger to the public
safety or due to the operator's repeated failure to inspect and
repair intermodal chassis pursuant to this section, the department
shall immediately forward a recommendation to the Department of Motor
Vehicles to suspend the operator's motor carrier property permit,
and forward a recommendation to the Federal Motor Carrier Safety
Administration for administrative or other action deemed necessary
against the carrier's interstate operating authority, pursuant to
Section 34505.6 or 34505.7.
(f) Any driver who believes that an intermodal chassis is in an
unsafe operating condition may request that the chassis be
reinspected by the entity responsible for the inspection and
maintenance of the chassis pursuant to this section or Section
34505.5. The request for reinspection, any corrective action taken,
or the reason why corrective action was not taken shall be recorded
in the intermodal chassis maintenance file.
(g) No commercial driver shall be threatened, coerced, or
otherwise retaliated against by any ocean marine terminal operator
for contacting a law enforcement agency with regard to the physical
condition of an intermodal chassis or for requesting that the
intermodal chassis be reinspected or repaired.
(h) For the purposes of this section, the following definitions
shall apply:
(1) "Intermodal chassis" means a trailer designed to carry
intermodal freight containers.
(2) "Ocean marine terminal" means a terminal, as defined in
Section 34515, located at a port facility that engages in the loading
and unloading of the cargo of oceangoing vessels.
(i) Nothing in this section shall relieve a commercial driver or
commercial motor carrier of any duty imposed by state or federal law
related to the safe operation of a commercial motor vehicle.
(j) Nothing in this section shall affect the rights, duties, and
obligations set forth in Section 2802 of the Labor Code.
34505.10. Motor carriers who contract or subcontract transportation
service for other motor carriers shall retain all required records
relating to the dispatch of vehicles and drivers and the pay of
drivers that are not required to be retained by the carrier for whom
the contracted or subcontracted service is performed.
34506. It is a misdemeanor to fail to comply with any rule or
regulation adopted by the Department of the California Highway Patrol
pursuant to Section 34501, 34501.5, 34508, or 34513 regarding any of
the following:
(a) Hours of service of drivers.
(b) Hazardous material transportation.
(c) Schoolbus construction, design, color, equipment, maintenance,
or operation.
(d) Youth bus equipment, maintenance, or operation.
(e) Tour bus equipment, maintenance, or operation.
(f) Equipment, maintenance, or operation of any vehicle described
in subdivision (a), (b), (c), (d), (e), (f), or (g) of Section
34500.
(g) Equipment, maintenance, or operation of any school pupil
activity bus.
34506.3. Except as otherwise provided in this division, it is an
infraction to fail to comply with any rule or regulation adopted by
the department pursuant to this division.
34506.4. (a) Any member of the Department of the California Highway
Patrol may remove from the highway and have placed in a storage
facility, any vehicle described in subdivision (a) of Section 22406,
subdivision (g) of Section 34500, and any motortruck with a gross
vehicle weight rating of more than 10,000 pounds, which is in an
unsafe condition.
(b) Any member of the Department of the California Highway Patrol
may impound any farm labor vehicle operated in violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402, subject to the following
requirements:
(1) A farm labor vehicle impounded for a first violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402 may be released within 24 hours
upon delivery to the impounding authority of satisfactory proof that
the vehicle will be legally moved or transported to a place of
repair.
(2) A farm labor vehicle shall be impounded for not less than 10
days for a second violation of subdivision (b) of Section 2800,
subdivision (a) of Section 24002.5, or subdivision (a) of Section
31402, or any combination of two of those provisions, if the original
equipment or maintenance violation has not been repaired to comply
with existing law. The farm labor vehicle shall be released after 10
days upon delivery to the impounding authority of satisfactory proof
that the vehicle has been repaired to comply with existing law, or
upon delivery to the impounding agency of satisfactory proof that the
vehicle will be lawfully moved or transported to a place of repair.
(3) A farm labor vehicle shall be impounded for not less than 30
days for a third or subsequent violation of subdivision (b) of
Section 2800, subdivision (a) of Section 24002.5, or subdivision (a)
of Section 31402, or any combination of three or more of those
provisions, if the original equipment or maintenance violation has
not been repaired to comply with existing law. The farm labor
vehicle shall be released after 30 days upon delivery to the
impounding authority of satisfactory proof that the vehicle has been
repaired to comply with existing law, or upon delivery to the
impounding agency of satisfactory proof that the vehicle will be
lawfully moved or transported to a place of repair.
(c) All towing and storage fees for a vehicle removed under this
section shall be paid by the owner.
34506.5. (a) A farm labor vehicle is subject to forfeiture as a
nuisance if it is driven on a highway in violation of subdivision (b)
of Section 2800, subdivision (a) of Section 24002.5, or subdivision
(a) of Section 31402 and has been impounded for a second or
subsequent time pursuant to paragraph (3) of subdivision (b) of
Section 34506.4.
(b) (1) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to paragraph (1) or (2) of subdivision (n) of
Section 14607.6.
(2) If it is determined that the necessary repairs had been
completed and the farm labor vehicle complied with existing laws at
the time of impoundment, the agency employing the person who directed
the impoundment shall be responsible for the costs incurred for
towing and storage.
(c) Procedures established in subdivisions (e), (f), (g), (h),
(i), (j), (k), (l), (o), (p), (q), (r), (t), (u), and (v) of Section
14607.6 shall be utilized for the forfeiture of an impounded farm
labor vehicle.
34507. To assist the department in enforcing the provisions of this
division, every vehicle which is subject to this division and to the
jurisdiction, control, and regulation of the Public Utilities
Commission or the Interstate Commerce Commission shall have displayed
prominently a distinctive identifying symbol as provided for in the
Public Utilities Code.
34507.5. (a) Every motor carrier, as defined in Section 408, and
every motor carrier of property, and for-hire motor carrier of
property, as defined in Section 34601, shall obtain a carrier
identification number from the department. Application for a carrier
identification number shall be on forms furnished by the department.
Information provided in connection with applications for carrier
identification numbers shall be updated by motor carriers upon
request from the department.
(b) The carrier identification number assigned to the motor
carrier under whose operating authority or motor carrier permit the
vehicle or combination of vehicles is being operated shall be
displayed on both sides of each vehicle, or on both sides of at least
one motor vehicle in each combination of the following vehicles
while engaged in intrastate commerce:
(1) Each vehicle set forth in Section 34500.
(2) Any motortruck of two or more axles that is more than 10,000
pounds gross vehicle weight rating.
(3) Any other motortruck or motor vehicle used to transport
property for compensation.
(c) A vehicle or combination of vehicles listed in subdivision (b)
that is operated under a rental agreement with a term of not more
than 30 calendar days shall meet all of the following requirements:
(1) Have displayed on both sides of each vehicle or on both sides
of one of the vehicles in each combination of vehicles the name or
trademark of the lessor.
(2) Have displayed on both sides of each vehicle or on both sides
of one of the vehicles in each combination of vehicles any of the
following numbers issued to the lessor:
(A) The carrier identification number issued by the United States
Department of Transportation.
(B) A valid operating authority number.
(C) A valid motor carrier of property number.
(3) (A) Have in the vehicle or combination of vehicles a copy of
the rental agreement entered into by the lessor and the vehicle
operator.
(B) The rental agreement shall be available for inspection
immediately upon the request of any authorized employee of the
department or any regularly employed and salaried police officer or
deputy sheriff.
(C) If the rented vehicle or combination of vehicles is operated
in conjunction with a commercial enterprise, the rental agreement
shall include the operator's carrier identification number or motor
carrier of property permit number.
(d) A vehicle or combination of vehicles that is in compliance
with Section 390.21 of Title 49 of the Code of Federal Regulations
shall be deemed to be in compliance with subdivision (c).
(e) This section does not apply to any of the following vehicles:
(1) Vehicles described in subdivision (f) of Section 34500, which
are operated by a private carrier as defined in subdivision (d) of
Section 34601, if the gross vehicle weight rating of the towing
vehicle is 10,000 pounds or less, or the towing vehicle is a pickup
truck, as defined in Section 471. This exception does not apply to
vehicle combinations described in subdivision (k) of Section 34500.
(2) Vehicles described in subdivision (g) of Section 34500, which
are operated by a private carrier as defined in subdivision (d) of
Section 34601, if the hazardous material transportation does not
require the display of placards pursuant to Section 27903, a license
pursuant to Section 32000.5, or hazardous waste hauler registration
pursuant to Section 25163 of the Health and Safety Code.
(3) Historical vehicles, as described in Section 5004, and
vehicles that display special identification plates in accordance
with Section 5011.
(4) Implements of husbandry as defined in Chapter 1 (commencing
with Section 36000) of Division 16.
(5) Vehicles owned or operated by an agency of the federal
government.
(6) Pickup trucks, as defined in Section 471, and two-axle daily
rental trucks with gross vehicle weight ratings of less than 26,001
pounds, when operated in noncommercial use.
(f) Subdivision (b) does not apply to the following:
(1) Vehicles that display a valid operating authority or
identification number assigned by the former Interstate Commerce
Commission, or the Federal Highway Administration, of the United
States Department of Transportation.
(2) Vehicles that are regulated by, and that display a valid
operating authority number issued by, the Public Utilities
Commission, including household goods carriers as defined in Section
5109 of the Public Utilities Code.
(3) For-hire motor carriers of passengers.
(g) The display of the carrier identification number shall be in
sharp contrast to the background, and shall be of a size, shape, and
color that it is readily legible during daylight hours from a
distance of 50 feet.
(h) The carrier identification number for companies no longer in
business, no longer operating with the same name, or no longer
operating under the same operating authority, identification number,
or motor carrier permit shall be removed before sale, transfer, or
other disposal of any vehicle marked pursuant to this section.
34507.6. (a) Every operator of transportation service which is
exempt from regulation as a charter-party carrier of passengers
pursuant to subdivision (k) or (l) of Section 5353 of the Public
Utilities Code, and which furnishes that transportation service in a
bus, shall obtain a carrier identification number from the Department
of the California Highway Patrol. Application for a carrier
identification number shall be on a form furnished by the Department
of the California Highway Patrol.
(b) (1) The carrier identification number so obtained by the
operator shall be displayed on both sides of each bus used in that
transportation service.
(2) The display of the carrier identification number shall be in
sharp contrast to the background, and shall be of a size, shape, and
color as to be readily legible during daylight hours from a distance
of at least 50 feet.
(3) The carrier identification number shall be removed before the
sale, transfer, or other disposal of the bus.
34508. The Department of the California Highway Patrol shall adopt
and enforce rules and regulations relating to the equipment,
maintenance, construction, design, color, and operation of
schoolbuses.
34508.5. (a) The department shall, pursuant to its investigation of
schoolbus accidents in accordance with Section 12517.1, investigate
accidents involving schoolbuses, school pupil activity buses, and
youth buses for evidence of overcrowding aboard the bus or obstructed
aisles, or both, contributing to increased pupil injury or risk of
injury. The department shall also inquire of other states containing
large urban areas as to whether increased pupil injuries in
schoolbus, school pupil activity bus, and youth bus accidents
resulted from overcrowding or obstructed aisles existing at the time
of the accident.
(b) The department shall prepare and submit to the Legislature, on
or before July 1, 1993, a report on its findings and recommendations
from its investigation pursuant to subdivision (a), including
recommendations for improving the safe transportation of pupils
together with any needed revisions to existing laws or regulations
relating to seating aboard schoolbuses, school pupil activity buses,
and youth buses and requiring aisles to be unobstructed while those
buses are in motion.
34509. Vanpool vehicles, as defined in Section 668, and vanpool
vehicles when used for purposes other than traveling to and from a
work location and transporting not more than 10 persons including the
driver, shall be exempt from the regulations adopted pursuant to
Section 34501, except that the following shall apply:
(a) The vanpool vehicle shall be equipped with an operable fire
extinguisher which is of the dry chemical or carbon dioxide type with
an aggregate rating of at least 4-B:C and which is securely mounted
and readily accessible.
(b) The vanpool vehicle shall be equipped with a first aid kit,
conforming to the minimum requirements for schoolbuses. First aid
kits shall be readily visible, accessible, and plainly marked "First
Aid Kit."
(c) The vanpool vehicle shall be regularly and systematically
inspected, maintained, and lubricated in accordance with the
manufacturer's recommendations, or more often if necessary to ensure
the safe operating condition of the vehicle. The maintenance shall
include, as a minimum, an in-depth inspection of the vehicle's brake
system, steering components, lighting system, and wheels and tires,
to be performed at intervals of not more than every six months or
6,000 miles, whichever occurs first.
(d) Operators of vanpool vehicles shall document each systematic
inspection, maintenance, and lubrication and repair performed for
each vehicle under their control. Required records shall include
services performed, the person performing the service, the date, and
the mileage on the vehicle at the time of the repair. The records
shall be maintained with the vehicle for one year, and shall be
presented upon demand to any authorized representative of the
California Highway Patrol.
(e) Vanpool vehicles being operated pursuant to the exemptions
specified in this section shall display, upon the rear and sides of
the vehicle, a sign or placard, clearly visible and discernable for a
distance of not less than 50 feet, indicating that the vehicle is
being used as a vanpool vehicle.
34510. Persons operating vehicles, or combinations of vehicles, in
the transportation of hazardous material and subject to this
division, shall carry in the vehicle while en route any shipping
papers required to accompany the vehicle in accordance with
regulations adopted pursuant to Section 2402. The bill of lading or
other shipping paper shall be displayed upon demand of any member of
the California Highway Patrol or any police officer of a city who is
on duty for the exclusive or main purpose of enforcing the provisions
of this code.
34511. Any violation of any provision of this division or
regulation adopted pursuant thereto may be enjoined in a civil action
brought by the Attorney General in the name of the people of the
State of California, upon request of the department, except that it
shall not be necessary to show lack of adequate remedy at law or to
show irreparable damage or loss.
The department may not submit a request for civil action and the
Attorney General may not bring action pursuant to this section unless
the person charged with a violation of this division or regulation
adopted pursuant thereto fails to take corrective action after being
notified of the violation by the department, in writing, on at least
two occasions over a 60-day period. Prior to the submission of the
department's request for civil action, the person charged shall
receive, at his or her request, a departmental hearing on the matter
and the department's request for civil action shall be forwarded by
the department to, and approved by, the Commissioner of the
California Highway Patrol.
34513. The department shall adopt rules and regulations relating to
the equipment and maintenance of tour buses.
34514. (a) Beginning with the 1990-91 fiscal year, the department
shall, upon appropriation of the requisite funds by the Legislature,
annually conduct additional roadside vehicle safety inspections of
vehicles described in Section 34501.12. These roadside inspections
shall be in addition to the maintenance facility and terminal
inspections required by that section, and over and above the number
of roadside vehicle safety inspections conducted during the 1987-88
fiscal year.
(b) It is the intent of the Legislature that, beginning with the
1990-91 fiscal year, funds are to be appropriated to the department
annually, for the purposes of subdivision (a), from the Motor Vehicle
Account in the State Transportation Fund, to the extent that
sufficient funds are collected pursuant to Section 34501.12.
34515. (a) As used in this division and in regulations adopted
pursuant thereto, "maintenance facility or terminal" means any place
or places where a vehicle of a type listed in Section 34500 is
regularly garaged or maintained, or from which it is operated or
dispatched. "Maintenance facility or terminal" may include a private
business or residence.
(b) For the purpose of the inspections required by Section
34501.12, "terminal" means the location or locations in this state
which are designated by a motor carrier, where subject vehicles may
be inspected by the department pursuant to paragraph (3) of
subdivision (a) of Section 34501, and where vehicle maintenance and
inspection records and drivers' records will be made available for
inspection.
34516. (a) No person shall use or arrange for the use of a
refrigerated motor vehicle, tank truck, dry van, or other motor
vehicle, to provide transportation of food products for human
consumption if the vehicle has been used to transport solid waste
destined for landfills, or if precluded from use in accordance with
subdivision (c).
(b) A violation of this section is a misdemeanor.
(c) If, pursuant to a federal statute having the same purposes as
the act which added this section to the Public Utilities Code during
the 1990 portion of the 1989-90 Regular Session, the United States
Secretary of Transportation publishes a list of categories of solid
waste or hazardous substances which he or she determines make food
unsafe as a result of having been transported in a refrigerated motor
vehicle, tank truck, dry van, or other motor vehicle also used to
transport food products for human consumption, subdivisions (a) and
(b) apply to those substances.
(d) A person or corporation charged with a violation of this
section may avoid liability upon a showing by clear and convincing
evidence that the transportation alleged to violate this section did
not in fact endanger the public health, due to the specific
protective or remedial actions taken by the person or corporation
charged.
34517. (a) With respect to a commercial motor vehicle from another
country, no person shall operate the vehicle outside the boundaries
of a designated commercial zone unless the required operating
authority from the Interstate Commerce Commission has first been
obtained.
(b) A violation of subdivision (a) is an infraction punishable by
a fine of one thousand dollars ($1,000).
(c) Notwithstanding subdivision (b), a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, shall issue a citation for a violation of subdivision
(a) to the driver of the vehicle and order the driver of the vehicle
to return the vehicle to its country of origin. The peace officer
may impound a vehicle cited under this section and its cargo until
the citation and all charges related to the impoundment are cleared.
The impoundment charges are the responsibility of the vehicle's
owner.
(d) As used in this section, "designated commercial zone" means a
commercial zone, as defined in Sections 1048.101 and 1048.102 of
Title 49 of the Code of Federal Regulations.
34520. (a) Motor carriers and drivers shall comply with the
controlled substances and alcohol use, transportation, and testing
requirements of the United States Secretary of Transportation as set
forth in Part 382 (commencing with Section 382.101) of, and Sections
392.5(a)(1) and 392.5(a)(3) of, Title 49 of the Code of Federal
Regulations.
(b) (1) Every motor carrier shall make available for inspection,
upon the request of an authorized employee of the department, copies
of all results and other records pertaining to controlled substances
and alcohol use and testing conducted pursuant to federal law, as
specified in subdivision (a), including those records contained in
individual driver qualification files.
(2) For the purposes of complying with the return-to-duty alcohol
or controlled substances test requirements, or both, of Section
382.309 of Title 49 of the Code of Federal Regulations and the
followup alcohol or controlled substances test requirements, or both,
of Section 382.311 of that title, the department may use those test
results to monitor drivers who are motor carriers.
(3) No evidence derived from a positive test result in the
possession of a motor carrier shall be admissible in a criminal
prosecution concerning unlawful possession, sale, or distribution of
controlled substances.
(c) Any drug or alcohol testing consortium, as defined in Section
382.107 of Title 49 of the Code of Federal Regulations, shall mail a
copy of all drug and alcohol positive test result summaries to the
department within three days of the test. This requirement applies
only to drug and alcohol positive tests of those drivers employed by
motor carriers who operate terminals within this state.
(d) A transit agency receiving federal financial assistance under
Section 3, 9, or 18 of the Federal Transit Act, or under Section 103
(e)(4) of Title 23 of the United States Code, shall comply with the
controlled substances and alcohol use and testing requirements of the
United States Secretary of Transportation as set forth in Part 655
(commencing with Section 655.1) of Title 49 of the Code of Federal
Regulations.
(e) The owner-operator shall notify all other motor carriers with
whom he or she is under contract when the owner-operator has met the
requirements of subdivision (c) of Section 15242. Notwithstanding
subdivision (i), a violation of this subdivision is an infraction.
(f) Except as provided in Section 382.301 of Title 49 of the Code
of Federal Regulations, an applicant for employment as a commercial
driver or an owner-operator seeking to provide transportation
services and meeting the requirements of subdivision (b) of Section
34624, may not be placed on duty by a motor carrier until a
preemployment test for controlled substances and alcohol use meeting
the requirements of the federal regulations referenced in subdivision
(a) have been completed and a negative test result has been
reported.
(g) An applicant for employment as a commercial driver or an
owner-operator, seeking to provide transportation services and
meeting the requirements of subdivision (b) of Section 34624, may not
be placed on duty by a motor carrier until the motor carrier has
completed a full investigation of the driver's employment history
meeting the requirements of the federal regulations cited under
subdivision (a). Every motor carrier, whether making or receiving
inquiries concerning a driver's history, shall document all
activities it has taken to comply with this subdivision.
(h) A motor carrier that utilizes a preemployment screening
service to review applications is in compliance with the employer
duties under subdivisions (e) and (f) if the preemployment screening
services that are provided satisfy the requirements of state and
federal law and the motor carrier abides by any findings that would,
under federal law, disqualify an applicant from operating a
commercial vehicle.
(i) It is a misdemeanor punishable by imprisonment in the county
jail for six months and a fine not to exceed five thousand dollars
($5,000), or by both the imprisonment and fine, for any person to
willfully violate this section. As used in this subdivision,
"willfully" has the same meaning as defined in Section 7 of the Penal
Code.
(j) This section does not apply to a peace officer, as defined in
Section 830.1 or 830.2 of the Penal Code, who is authorized to drive
vehicles described in Section 34500 if that peace officer is
participating in a substance abuse detection program within the scope
of his or her employment.
34520.5. (a) All employers of drivers who operate paratransit
vehicles, and the drivers of those vehicles, who are not otherwise
required to participate in a testing program of the United States
Secretary of Transportation, shall participate in a program
consistent with the controlled substances and alcohol use and testing
requirements of the United States Secretary of Transportation as set
forth in Part 382 (commencing with Section 382.101), Part 653
(commencing with Section 653.1), or Part 654 (commencing with Section
654.1) of Title 49 of the Code of Federal Regulations.
(b) Section 34520 is applicable to any controlled substances or
alcohol testing program undertaken under this section.
(c) The employer of a paratransit vehicle driver shall participate
in the pull notice system defined in Section 1808.1.
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