It is the intent of the Legislature, by enacting this division, that the public be provided additional protection through the licensing of motor carriers transporting hazardous material. The Department of the California Highway Patrol shall be authorized to inspect and license the motor carriers with special attention directed to the negligent operators or repeat violators.
Chapter 1Licensing
Section § 32000
This law is all about keeping the public safe by ensuring that companies moving hazardous materials in California get licensed. The California Highway Patrol has the power to inspect these companies, focusing on those who aren't following the rules or have a history of violations.
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Section § 32000.5
Motor carriers transporting explosives or over 500 pounds of hazardous materials must have a specific license unless they are exempt. This license must be displayed for inspection. The law doesn’t apply to carriers handling only certain hazardous wastes if they're registered, or to implements of husbandry. Additionally, carriers of specific fireworks need a license from the State Fire Marshal and must carry it in the vehicle. To get a hazardous materials transport license, a carrier's terminals must have satisfactory safety ratings. A temporary license process is in place for qualified carriers with recent satisfactory safety records. A carrier can still get a license if it has improved from a past unsatisfactory safety rating.
(a)CA Vehicle Code § 32000.5(a) A motor carrier who directs the transportation of an explosive and a motor carrier who directs the transportation of a hazardous material, who is required to display placards pursuant to Section 27903, and a motor carrier who transports for a fee in excess of 500 pounds of hazardous materials of the type requiring placards pursuant to Section 27903, shall be licensed in accordance with this code, unless specifically exempted by this code or regulations adopted pursuant to this code. This license shall be available for examination and shall be displayed in accordance with the regulations adopted by the commissioner.
(b)Copy CA Vehicle Code § 32000.5(b)
(1)Copy CA Vehicle Code § 32000.5(b)(1) Except as provided in Section 32001, this division shall not apply to a
person hauling only hazardous waste, as defined in Section 25115 or 25117 of the Health and Safety Code, and who is registered pursuant to subdivision (a) of Section 25163 of the Health and Safety Code or who is exempt from that registration pursuant to subdivision (b) of that section.
(2)CA Vehicle Code § 32000.5(b)(2) A motor carrier that is transporting a hazardous waste and is required to display placards pursuant to Section 27903 shall comply with all provisions of Section 32001 except paragraph (3) of subdivision (c) of that section.
(c)CA Vehicle Code § 32000.5(c) This division does not apply to implements of husbandry, as defined in Section 36000.
(d)CA Vehicle Code § 32000.5(d) This division does not apply to the hauling of division 1.3 explosives classified as special fireworks or to division 1.4 explosives classified as common fireworks by the United States Department of Transportation if
those fireworks are transported by a motor carrier under the authority of, and in conformance with, a license issued to the motor carrier by the State Fire Marshal pursuant to Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code. In that case, a copy of the license shall be carried in the vehicle and presented to a peace officer upon request.
(e)Copy CA Vehicle Code § 32000.5(e)
(1)Copy CA Vehicle Code § 32000.5(e)(1) The department shall not issue a license to transport hazardous materials to a motor carrier unless each terminal from which hazardous materials carrying vehicles are operated is in compliance with Section 34501.12 and is currently rated satisfactory.
(2)CA Vehicle Code § 32000.5(e)(2) The department shall adopt rules and regulations that provide for a temporary license to transport hazardous materials for a carrier who, within the previous three years, has not been issued an unsatisfactory rating as a result of
an inspection conducted pursuant to Section 34501, 34501.12, or 34520.
(3)CA Vehicle Code § 32000.5(e)(3) It is the intent of the Legislature that a carrier’s license to transport hazardous materials should not be unreasonably hindered as a result of the department’s verification and issuance process.
(f)CA Vehicle Code § 32000.5(f) This section does not prevent the department from issuing a new or initial license to transport hazardous materials to a motor carrier that applies for a license to transport hazardous materials and that, within the previous three years, has been issued an unsatisfactory rating as a result of an inspection conducted pursuant to Section 34501, 34501.12, or 34520, if the motor carrier has
corrected the unsatisfactory rating before applying for the license to transport hazardous materials.
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Section § 32001
This law allows authorized employees to inspect vehicles, containers, or shipments carrying hazardous materials to ensure compliance with safety regulations. If a seal is broken for inspection, it must be resealed before transportation continues. Vehicles transporting hazardous materials must meet specific equipment and licensing requirements. These include being equipped with a two-way communication device for emergencies, and having locked cargo bodies when displaying placards indicating hazardous materials. These containers should only be opened as specified by authorities, and drivers need to verify locks if the vehicle has been unattended, noting this in their logbook. The commissioner can issue exemptions, and this law doesn't restrict other agencies from fulfilling their duties.
(a)Copy CA Vehicle Code § 32001(a)
(1)Copy CA Vehicle Code § 32001(a)(1) Any authorized employee of the department may inspect any sealed or unsealed vehicle, container, or shipment subject to this division in maintenance facilities, terminals, or other public or private property to ascertain the quantity and kind of hazardous material and to ensure compliance with the provisions of this code and regulations adopted pursuant to this code.
(2)CA Vehicle Code § 32001(a)(2) If a seal is opened for inspection, the department shall reseal any vehicle, container, or shipment prior to further transportation.
(b)CA Vehicle Code § 32001(b) Unless specifically stated, nothing contained in this division shall be deemed to exempt any vehicle transporting a hazardous material subject to this division or the operator or any other person from other provisions of this code.
(c)CA Vehicle Code § 32001(c) No motor carrier shall direct the transportation of any shipment of a hazardous material in any vehicle unless all of the following are complied with:
(1)CA Vehicle Code § 32001(c)(1) The vehicle is equipped as required by this code and applicable regulations adopted pursuant to law.
(2)CA Vehicle Code § 32001(c)(2) The shipment complies with laws and regulations pertaining to the shipment or transportation of hazardous material.
(3)CA Vehicle Code § 32001(c)(3) The motor carrier holds a valid license for the transportation of hazardous materials.
(4)Copy CA Vehicle Code § 32001(c)(4)
(A)Copy CA Vehicle Code § 32001(c)(4)(A) A vehicle or combination of vehicles required to display placards pursuant to Section 27903 is equipped with a two-way communication device, maintained in good working order, that enables the driver to contact the personnel responsible for the safety operations of the motor carrier in the event of an emergency.
(B)CA Vehicle Code § 32001(c)(4)(A)(B) For the purposes of this section, “two-way communication device” means a radio, cellular telephone, or other similar device that permits communication between the driver and personnel responsible for the safety operations of the motor carrier.
(5)Copy CA Vehicle Code § 32001(c)(5)
(A)Copy CA Vehicle Code § 32001(c)(5)(A) The enclosed cargo body, when the display of placards is required pursuant to Section 27903, shall be locked and remain locked during transit of the hazardous materials so as to prevent any unauthorized entry and shall be opened only during loading, unloading, or at the direction of a peace officer, an authorized employee of the department, or a person authorized pursuant to Section 25185 of the Health and Safety Code.
(B)CA Vehicle Code § 32001(c)(5)(A)(B) A driver transporting hazardous material in a locked cargo body shall verify that all locks are in place if the vehicle has been left unattended for any length of time. Each driver shall make a notation in his or her log book of the time and date that the verification occurred.
(C)CA Vehicle Code § 32001(c)(5)(A)(C) For the purposes of this section, “cargo body” means a fully enclosed area that is an integral part of the vehicle and designed to encapsulate the entire load, such as a van body or an intermodal freight container, and does not mean a tank or flatbed type of vehicle.
(d)CA Vehicle Code § 32001(d) The commissioner may issue exemptions from the provisions of this section.
(e)CA Vehicle Code § 32001(e) Nothing in this section shall limit the ability of other state or local agencies to carry out their regulatory, enforcement, or emergency response duties under other provisions of law.
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Section § 32002
This law allows the commissioner to create regulations for overseeing motor carriers, making it a misdemeanor for carriers to violate these rules. It's specifically illegal for carriers or those directing drivers to operate vehicles with hazardous materials without the necessary license. If they do, the penalties are fines of at least $2,000 for a first offense and at least $4,000 for subsequent offenses.
(a)CA Vehicle Code § 32002(a) The commissioner may adopt any regulations that are necessary to administer this division. It is a misdemeanor for any motor carrier to violate this division or regulations adopted pursuant to this division.
(b)CA Vehicle Code § 32002(b) Notwithstanding subdivision (a), it is unlawful for the motor carrier or the person who directs the driver to operate a vehicle transporting hazardous material, when that transportation requires a license pursuant to this division, to cause the operation of the vehicle unless the motor carrier holds a valid license for the transportation of hazardous materials. A violation of this subdivision shall be punished as follows:
(1)CA Vehicle Code § 32002(b)(1) For a first violation, by a fine of not less than two thousand dollars ($2,000).
(2)CA Vehicle Code § 32002(b)(2) For a second or subsequent violation, by a fine of not less than four thousand dollars ($4,000).
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Section § 32002.5
If it's dangerous for public health, the commissioner can temporarily suspend the license of someone who hauls hazardous materials. The license holder will be notified about this temporary suspension and given a reason for it. When they respond to this accusation, a hearing must be held within 10 days. The suspension remains until the hearing is over and a decision is made, but no longer than 10 days after the hearing ends. If the decision is delayed, the suspension is lifted.
Additionally, if a person or company allows the transport of certain highly radioactive materials without the proper license and driver certification, their hazardous materials license will be suspended for 90 to 180 days.
(a)CA Vehicle Code § 32002.5(a) The commissioner may temporarily suspend a license to haul hazardous material prior to any hearing, when, in the commissioner’s opinion, the action is necessary to prevent an imminent and substantial danger to the public health. The commissioner shall notify the holder of the license of the temporary suspension and the effective date thereof and, at the same time, shall serve the person with an accusation. Upon receipt of a notice of defense to the accusation, the commissioner shall set the matter for a hearing which shall be held as soon as possible, but not later than 10 days after receipt of the notice of defense. The temporary suspension shall remain in effect until the hearing is completed and the commissioner has made a final determination on the merits, which, in any event, shall be made within 10 days after the completion of the hearing. If the determination is not transmitted within 10 days after the hearing is completed, the temporary suspension is of no further effect.
(b)CA Vehicle Code § 32002.5(b) The commissioner shall suspend a license to transport hazardous material of a person or motorcarrier, for a period of at least 90 days but not more than 180 days, if the holder of the license permits the transportation of fissile class III shipments or highway route controlled quantity radioactive materials, as defined in Subpart I (commencing with Section 173.401) of Part 173 of Title 49 of the Code of Federal Regulations, by a person who does not possess a license of the appropriate class and an attached radioactive materials driver’s certificate or an endorsement issued under Article 6 (commencing with Section 15275) of Chapter 7 of Division 6.
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Section § 32003
The law states that when the Department issues or renews licenses for transporting hazardous materials, the fees collected go into the Motor Vehicle Account of the State Transportation Fund. This money is then allocated to support hazardous materials inspection and licensing programs, but only if the Legislature approves the use of the funds.
(a)CA Vehicle Code § 32003(a) All fees collected by the department pursuant to the issuance or renewal of a license for the transportation of hazardous material shall be deposited in the Motor Vehicle Account of the State Transportation Fund.
(b)CA Vehicle Code § 32003(b) All moneys collected from these fees shall be used for the support of the hazardous materials inspection and licensing program of the department upon appropriation therefor by the Legislature.
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Section § 32004
This law allows the Attorney General to stop violations related to this division of vehicle law in California through a civil lawsuit. It’s important to note that they don't have to prove that other legal remedies aren't enough or that the violations cause serious damage.
Any violation of any provision of this division 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.
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