Chapter 2Notification of Routes

Section § 32050

Explanation

If you're transporting hazardous chemicals like anhydrous hydrazine, methylhydrazine, or similar substances in large amounts, you need to inform the Department of Justice before the transport happens. This includes notifying local sheriffs and police chiefs along the transport route. The law makes sure that fire chiefs in these areas are also alerted. This rule must follow federal law, and it doesn't apply when the substances are just residues or when local fire departments are mostly made up of volunteer firefighters.

(a)CA Vehicle Code § 32050(a) Prior to the transport of anhydrous hydrazine, methylhydrazine, dimethylhydrazine, Aerozine 50, fuming nitric acid, liquid fluorine, or nitrogen tetroxide in bulk packaging, except when that packaging contains only residue, outside the confines of a facility where that material was used or stored, or prior to the delivery of that bulk material to a carrier for transport, each carrier shall provide advance notification, in writing, of the shipment, to the department, which, in turn, shall notify the sheriff of each county and police chief of each city in which is located the proposed route. Notification shall be made through the Department of Justice’s California Law Enforcement Telecommunications System. The sheriffs and police chiefs shall, in turn, make timely notification to the fire chiefs within their respective jurisdictions through a mutually agreed upon communications system.
(b)CA Vehicle Code § 32050(b) Subdivision (a) applies only to the extent that it does not conflict with federal law.
(c)CA Vehicle Code § 32050(c) For the purposes of this section, the following definitions apply:
(1)CA Vehicle Code § 32050(c)(1) “Bulk packaging” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(2)CA Vehicle Code § 32050(c)(2) “Fire chief” means the fire chief of each county and city fire department and the fire chief of each fire protection district serving a population greater than 15,000 in which is located the proposed route. This paragraph does not apply to any fire chief of a fire department or fire protection district that is composed of 50 percent or more volunteer firefighters.
(3)CA Vehicle Code § 32050(c)(3) “Residue” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
hazardous chemicals transport anhydrous hydrazine bulk packaging notification fuming nitric acid liquid fluorine transport advanced notification requirements nitrogen tetroxide California Law Enforcement Telecommunications System sheriffs notification police chiefs notification fire chiefs alert mutually agreed communications conflict with federal law volunteer firefighters exclusion large-scale chemical transport
(Amended by Stats. 1996, Ch. 124, Sec. 135. Effective January 1, 1997.)

Section § 32051

Explanation

This law outlines what information must be included in advance notifications for hazardous material shipments. It requires details about the manufacturer, shipper, carrier, and receiver's names, addresses, and emergency contact numbers. Additionally, it mandates a material safety data sheet, shipment origination and destination points, estimated shipping dates, and current shipment contact information. The law also tasks the department with creating a standard notification form to collect this information, which was to be available by April 1, 1989.

(a)CA Vehicle Code § 32051(a) Each advance notification required by Section 32050 shall contain all of the following information:
(1)CA Vehicle Code § 32051(a)(1) The name, address, and emergency telephone number of the manufacturer, shipper, carrier, and receiver of the shipment.
(2)CA Vehicle Code § 32051(a)(2) A current copy of a material data safety sheet, as designated by the department, regarding the material.
(3)CA Vehicle Code § 32051(a)(3) If the shipment is originating within California, the point of origin of the shipment and the 48-hour period during which departure of the shipment is estimated to occur, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive.
(4)CA Vehicle Code § 32051(a)(4) If the shipment is originating outside of California, the point of origin of the shipment and the 48-hour period during which the shipment is estimated to arrive at the state boundary, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive.
(5)CA Vehicle Code § 32051(a)(5) A telephone number and address for current shipment information.
(b)CA Vehicle Code § 32051(b) The department shall design a standard notification form to include all of the information specified in subdivision (a) and shall make these forms available by April 1, 1989.
advance notification hazardous material shipment manufacturer contact shipper contact carrier contact receiver contact material safety data sheet shipment origination shipment destination estimated shipping dates shipment information contact standard notification form emergency telephone number California state boundary 48-hour shipment estimate
(Added by Stats. 1988, Ch. 1222, Sec. 2.)

Section § 32052

Explanation

This law requires that a notification about the departure of certain shipments be sent to the relevant department at least 72 hours before the start of the 48-hour window when the shipment is expected to leave. The department then has to inform local law enforcement 36 hours before the shipment's departure period begins. They must keep a copy of this notification for three years.

If there are any changes to the shipment schedule, route, or if it's canceled, the carrier must inform the department via phone or telegram. The department will then alert local law enforcement about these changes, and maintain a record of such notifications for three years.

(a)CA Vehicle Code § 32052(a) The notification required by Section 32050 shall reach the department at least 72 hours before the beginning of the 48-hour period during which departure of the shipment of any material designated in Section 32050 is estimated to occur, and the department shall notify the sheriffs and the police chiefs as specified in subdivision (a) of Section 32050 at least 36 hours before the beginning of the 48-hour departure period specified in subdivision (a) of Section 32051, who shall notify the fire chiefs, as provided in Section 32050. A copy of the notification shall be retained by the department for three years.
(b)CA Vehicle Code § 32052(b) The carrier shall also notify, by telephone or telegram, the department if there are any changes in the scheduling of a shipment, in the routes to be used for shipment, or any cancellation of a shipment. The department shall, in turn, notify the sheriffs and the police chiefs specified in subdivision (a) of Section 32050 that would be affected by these changes in the scheduling of a shipment, in the routes to be used for a shipment, or the cancellation of a shipment, who shall notify the fire chiefs, as provided in Section 32050. The department shall maintain for three years a record of each telegram and telephonic notification.
shipment departure notification 72-hour notice shipment schedule changes route changes shipment cancellation telephone notification telegram notification sheriffs notification police chiefs notification fire chiefs notification record keeping carrier obligations hazardous material shipment law enforcement coordination fire department alert
(Added by Stats. 1988, Ch. 1222, Sec. 2.)

Section § 32053

Explanation

This law section states that if a carrier breaks certain rules (Sections 32050, 32051, or 32052), they must pay a civil fine ranging from $500 to $1,000 for each day the violation continues. This means a new fine can be applied each day the issue isn't fixed.

When deciding the fine amount, the court will consider how much damage the violation caused, how long it has been going on, how many times the violator has broken the law in the past, and whether the fine will prevent future violations based on the violator's financial situation.

(a)CA Vehicle Code § 32053(a) Any carrier who violates Section 32050, 32051, or 32052, in addition to any other penalty provided by law, is subject to a civil penalty of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) for each violation. For purposes of this section, each day of a continuing violation is a separate violation.
(b)CA Vehicle Code § 32053(b) When establishing the amount of the civil penalty, the court shall consider, in addition to other relevant circumstances, all of the following:
(1)CA Vehicle Code § 32053(b)(1) The extent of the harm caused by the violation.
(2)CA Vehicle Code § 32053(b)(2) The persistence of the violation.
(3)CA Vehicle Code § 32053(b)(3) The number of prior violations by the same violator.
(4)CA Vehicle Code § 32053(b)(4) The deterrent value of the penalty based on the financial resources of the violator.
carrier penalties violation fines continuing violations civil penalty court considerations harm caused violation persistence prior violations deterrent value financial resources violation rules penalty amount harm assessment
(Added by Stats. 1988, Ch. 1222, Sec. 2.)