This division shall be known and may be cited as the Motor Carriers of Property Permit Act.
Chapter 1General Provisions and Definitions
Section § 34600
This section of the law introduces the official name of a specific set of rules that regulate the operations of property-carrying vehicles on the road. It is called the Motor Carriers of Property Permit Act.
Motor Carriers Property Permit vehicle regulation transportation rules freight vehicles road operations carrier regulations permit requirements goods transportation commercial vehicles logistics transport permits vehicle compliance road transport carrier permits
Section § 34601
This law defines what constitutes a 'motor carrier of property' and specifies that it includes anyone operating a commercial motor vehicle, except certain exceptions like household movers, passenger vehicles, and others. It also distinguishes between for-hire carriers (those transporting for payment) and private carriers (those transporting their own goods).
A 'commercial motor vehicle' generally means a self-propelled vehicle or a motortruck with two or more axles exceeding 10,000 pounds, but there are exceptions like certain household mover vehicles, non-commercially operated trucks, and two-axle daily rental trucks used non-commercially.
The distinctions provided help determine the regulations that apply to these vehicles and carriers. This section became effective on January 1, 2016.
(a)CA Vehicle Code § 34601(a) As used in this division, “motor carrier of property” means any person who operates any commercial motor vehicle as defined in subdivision (c). “Motor carrier of property” does not include a household mover, as defined in Section 19225.5 of the Business and Professions Code, a household mover transporting used office, store, and institution furniture and fixtures under its household mover permit pursuant to Section 19237 of the Business and Professions Code, persons providing only transportation of passengers, or a passenger stage corporation transporting baggage and express upon a passenger vehicle incidental to the transportation of passengers.
(b)CA Vehicle Code § 34601(b) As used in this division,
“for-hire motor carrier of property” means a motor carrier of property as defined in subdivision (a) who transports property for compensation.
(c)Copy CA Vehicle Code § 34601(c)
(1)Copy CA Vehicle Code § 34601(c)(1) As used in this division, except as provided in paragraph (2), a “commercial motor vehicle” means any self-propelled vehicle listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500, any motortruck of two or more axles that is more than 10,000 pounds gross vehicle weight rating, and any other motor vehicle used to transport property for compensation.
(2)CA Vehicle Code § 34601(c)(2) As used in this division, “commercial motor vehicle” does not include any of the following:
(A)CA Vehicle Code § 34601(c)(2)(A) Vehicles identified in subdivision (f) of Section 34500, if the gross vehicle weight rating of
the towing vehicle is 10,000 pounds or less.
(B)CA Vehicle Code § 34601(c)(2)(B) Vehicles identified in subdivision (g) of Section 34500, if the hazardous material transportation does not require the display of placards under Section 27903, a license under Section 32000.5, or a hazardous waste transporter registration under Section 25163 of the Health and Safety Code, and the vehicle is not operated in commercial use.
(C)CA Vehicle Code § 34601(c)(2)(C) Vehicles operated by a household mover, as defined in Section 19225.5 of the Business and Professions Code, under the household mover permit pursuant to Section 19237 of that code.
(D)CA Vehicle Code § 34601(c)(2)(D) Vehicles operated by a household mover to transport used office, store, and institution furniture and fixtures under its household mover
permit pursuant to Section 19237 of the Business and Professions Code.
(E)CA Vehicle Code § 34601(c)(2)(E) Pickup trucks as defined in Section 471, if the conditions in subparagraphs (A) and (B) are also met.
(F)CA Vehicle Code § 34601(c)(2)(F) Two-axle daily rental trucks with a gross vehicle weight rating of less than 26,001 pounds, when operated in noncommercial use.
(G)CA Vehicle Code § 34601(c)(2)(G) Vehicles never operated in commercial use, including motortrucks or two-axle truck tractors, with a gross vehicle weight rating of less than 26,001 pounds, when operated singly, or, when used to tow a camp trailer, trailer coach, fifth-wheel travel trailer, trailer designed to transport watercraft, or a utility trailer, never operated in commercial use. Vehicle combinations described in this subparagraph are not
subject to Section 27900, 34501.12, or 34507.5.
(d)CA Vehicle Code § 34601(d) For purposes of this chapter, “private carrier” means a motor carrier of property, who transports only their own property, including, but not limited to, the delivery of goods sold by that carrier.
(e)CA Vehicle Code § 34601(e) This section shall become operative on January 1, 2016.
motor carrier of property commercial motor vehicle for-hire carrier private carrier household mover self-propelled vehicle gross vehicle weight rating noncommercial use daily rental truck transport of property compensation for transport towing vehicle exemptions from commercial category transport of used furniture passenger vehicles
Section § 34602
This section defines the term "fund" as the Motor Vehicle Account within the State Transportation Fund.
As used in this division, “fund” means the Motor Vehicle Account in the State Transportation Fund.
Motor Vehicle Account State Transportation Fund division definition transportation funding vehicle-related funds account designation fund definition state motor vehicle account transportation finance California transportation funds
Section § 34603
This law allows the California Highway Patrol, Public Utilities Commission, Bureau of Household Goods and Services, and State Board of Equalization to share information from their records with the department for the purpose of developing and enforcing regulations related to transportation.
The Department of the California Highway Patrol, the Public Utilities Commission, the Bureau of Household Goods and Services, and the State Board of Equalization shall furnish, upon request, whatever information from their records may be required to assist the department in the effective development and enforcement of this division.
information sharing California Highway Patrol Public Utilities Commission Bureau of Household Goods and Services State Board of Equalization record access enforcement assistance transportation regulations inter-agency collaboration effective development record provision data sharing regulatory enforcement administrative assistance government agencies
Section § 34604
This section allows a government department to create rules needed to manage certain legal areas effectively. It can also set up procedures to penalize violations, including fines, for not following specific transportation regulations.
The department may adopt reasonable rules and regulations necessary to administer this division. The department may also adopt rules and regulations necessary to administer civil sanction proceedings and impose fines for failure to comply with Division 14.8 (commencing with Section 34500), or this division, or regulations adopted pursuant to this code.
rules and regulations department authority civil sanctions administrative procedures penalties fines compliance transportation regulations Division 14.8 Section 34500 legal management violation penalties government department rule enforcement
Section § 34605
This section allows the department to work with the Office of Administrative Hearings to handle proceedings and issue fines for breaking certain vehicle regulations. It also permits collaboration with the California Highway Patrol and the Public Utilities Commission to manage these regulations, although a specific temporary authority ended in 1997. Any fees collected through these contracts are placed into the Motor Vehicle Account.
(a)CA Vehicle Code § 34605(a) The department may contract with the Office of Administrative Hearings to administer proceedings and impose fines for failure to comply with Division 14.8 (commencing with Section 34500), or this division, or regulations adopted pursuant to this code.
(b)CA Vehicle Code § 34605(b) The department and the California Highway Patrol may also contract with the Public Utilities Commission to administer this division in a manner described by the contract, or if permitted by the Department of Motor Vehicles, in a manner as existed on January 1, 1996. This temporary authority shall be terminated on December 31, 1997.
(c)CA Vehicle Code § 34605(c) All fees collected under this contract shall be deposited in the Motor Vehicle Account in the State Transportation Fund.
Office of Administrative Hearings California Highway Patrol Public Utilities Commission vehicle regulations fines for non-compliance administrative proceedings motor vehicle account state transportation fund contractual administration temporary authority fee collection Division 14.8 compliance
