Chapter 2Motor Carrier Permits

Section § 34620

Explanation

Before operating a commercial vehicle on public highways in California, a motor carrier must have a registered carrier identification number and a valid motor carrier permit. Companies and individuals can't hire a motor carrier unless that carrier has a valid permit.

Motor carriers must provide and maintain certification of their permit status, and notify contracting parties if their permit is suspended or revoked. The California Highway Patrol can inspect this certification at any time.

Also, when retrieving or releasing vehicles with a tow truck between motor carriers, both parties must exchange copies of their motor carrier permits, keeping records for two years.

This rule does not apply to companies licensed under the Collateral Recovery Act.

(a)CA Vehicle Code § 34620(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier’s written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b)CA Vehicle Code § 34620(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property’s permit is suspended or revoked. A copy of the contracted motor carrier of property’s permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)Copy CA Vehicle Code § 34620(c)
(1)Copy CA Vehicle Code § 34620(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2)CA Vehicle Code § 34620(c)(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3)CA Vehicle Code § 34620(c)(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
motor carrier permit commercial vehicle operation carrier identification number permit certification suspension notification permit verification tow truck regulations vehicle retrieval contracting restrictions California Highway Patrol inspection permit suspension record-keeping requirements Collateral Recovery Act exemption legal compliance for carriers
(Amended by Stats. 2013, Ch. 96, Sec. 1. (AB 306) Effective January 1, 2014.)

Section § 34621

Explanation

If you're applying for or renewing a motor carrier permit in California, you need to pay a fee and provide a bunch of information, including your business details, type of operation, vehicle details, safety program participation, and insurance. Importantly, if you meet certain conditions, like applying before your permit expires and keeping up to code, you can keep operating for 30 days past your permit's expiration date.

(a)CA Vehicle Code § 34621(a) The fee required by Section 7232 of the Revenue and Taxation Code shall be paid to the department upon initial application for a motor carrier permit and for annual renewal.
(b)CA Vehicle Code § 34621(b) An application for an original or a renewal motor carrier permit shall contain all of the following information:
(1)CA Vehicle Code § 34621(b)(1) The full name of the motor carrier; any fictitious name under which it is doing business; address, both physical and mailing; and business telephone number.
(2)CA Vehicle Code § 34621(b)(2) Status as individual, partnership, owner-operator, or corporation, and officers of corporation and all partners.
(3)CA Vehicle Code § 34621(b)(3) Name, address, and driver’s license number of owner-operator.
(4)CA Vehicle Code § 34621(b)(4) California carrier number, number of commercial motor vehicles in fleet, interstate or intrastate operations, State Board of Equalization, federal Department of Transportation or the Federal Motor Carrier Safety Administration number, as applicable.
(5)CA Vehicle Code § 34621(b)(5) Transporter or not a transporter of hazardous materials or petroleum.
(6)CA Vehicle Code § 34621(b)(6) Evidence of financial responsibility.
(7)CA Vehicle Code § 34621(b)(7) Evidence of workman’s compensation coverage, if applicable.
(8)CA Vehicle Code § 34621(b)(8) Carrier certification of enrollment in the biennial inspection of terminals (BIT) program under subdivisions (e) and (h) of Section 34501.12, unless otherwise exempted.
(9)CA Vehicle Code § 34621(b)(9) Carrier certification of enrollment in a controlled substance and alcohol use and testing (CSAT) program required under Section 34520, unless otherwise exempted.
(10)CA Vehicle Code § 34621(b)(10) Any other information necessary to enable the department to determine whether the applicant is entitled to a permit.
(c)CA Vehicle Code § 34621(c) Notwithstanding any provision of this chapter, a motor carrier of property may continue to operate for 30 days past the expiration date of the motor carrier permit, if the motor carrier of property meets all of the following conditions:
(1)CA Vehicle Code § 34621(c)(1) Applied to the department for a renewal of a motor carrier permit, as required by this section, before the expiration of the motor carrier permit.
(2)CA Vehicle Code § 34621(c)(2) Holds a valid motor carrier permit for the previous year.
(3)CA Vehicle Code § 34621(c)(3) Maintains compliance with Section 34507.5 for the 30 days past the expiration date.
(4)CA Vehicle Code § 34621(c)(4) Not rated unsatisfactory for any of the motor carriers’ terminals inspected by the Department of the California Highway Patrol pursuant to either Section 34501.12 or Section 34520, for the 30 days past the expiration date.
motor carrier permit application requirements renewal conditions financial responsibility workman's compensation biennial inspection of terminals controlled substance and alcohol testing permit fee expired permit operation safety compliance commercial motor vehicles hazardous materials transporter California Highway Patrol inspection interstate operations intrastate operations
(Amended by Stats. 2019, Ch. 636, Sec. 9. (AB 1810) Effective January 1, 2020.)

Section § 34622

Explanation

This law states that certain vehicles are not covered by this chapter. Specifically, it doesn't apply to vehicles that are mentioned in Sections 5004 or 5011 or those exempt from registration fees. Additionally, it does not apply to household movers that are transporting used furniture and fixtures under a specific permit.

This chapter does not apply to any of the following:
(a)CA Vehicle Code § 34622(a) Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees.
(b)CA Vehicle Code § 34622(b) A household mover transporting used office, store, and institution furniture and fixtures under its household mover permit pursuant to Section 19241 of the Business and Professions Code.
vehicle exemption registration fee exemption Section 5004 vehicles Section 5011 vehicles household mover permit used office furniture transport Business and Professions Code Section 19241 furniture moving exemption institutional furniture transport
(Amended by Stats. 2022, Ch. 295, Sec. 26. (AB 2956) Effective January 1, 2023.)

Section § 34623

Explanation

The California Highway Patrol regulates the safety of property-carrying motor carriers. A motor carrier’s permit can be suspended if they fail to keep their vehicles safe or follow specific regulations, including driver enrollment in a notification system. The permit can also be suspended for not complying with federal substance abuse testing laws, with penalties ranging from five-day to one-year suspensions, depending on the severity of the violation.

If a carrier's permit is suspended for safety violations, they can request a reinspection for reinstatement. Suspensions give the carrier the chance for a hearing to prove compliance, but no hearing is provided if the suspension is due to lack of financial responsibility. During suspension, carriers cannot operate on public highways, lease out vehicles, or use vehicles from other suspended carriers. This law was effective starting January 1, 2016.

(a)CA Vehicle Code § 34623(a) The Department of the California Highway Patrol has exclusive jurisdiction for the regulation of safety of operation of motor carriers of property.
(b)CA Vehicle Code § 34623(b) The motor carrier permit of a motor carrier of property may be suspended for failure to do either of the following:
(1)CA Vehicle Code § 34623(b)(1) Maintain any vehicle of the carrier in a safe operating condition or to comply with this code or with applicable regulations contained in Title 13 of the California Code of Regulations, if that failure is either a consistent failure or presents an imminent danger to public safety.
(2)CA Vehicle Code § 34623(b)(2) Enroll all drivers in the pull-notice system as required by Section 1808.1.
(c)CA Vehicle Code § 34623(c) The motor carrier permit of a motor carrier of property shall be suspended for failure to either (1) comply with the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code, or (2) make copies of results and other records available as required by subdivision (b) of that section. The suspension shall be as follows:
(1)CA Vehicle Code § 34623(c)(1) For a serious violation, which is a willful failure to perform substance abuse testing in accordance with state or federal law:
(A)CA Vehicle Code § 34623(c)(1)(A) For a first offense, a mandatory five-day suspension.
(B)CA Vehicle Code § 34623(c)(1)(B) For a second offense within three years of a first offense, a mandatory three-month suspension.
(C)CA Vehicle Code § 34623(c)(1)(C) For a third offense within three years of a first offense, a mandatory one-year suspension.
(2)CA Vehicle Code § 34623(c)(2) For a nonserious violation, the time recommended to the department by the Department of the California Highway Patrol.
(3)CA Vehicle Code § 34623(c)(3) For the purposes of this subdivision, “willful failure” means any of the following:
(A)CA Vehicle Code § 34623(c)(3)(A) An intentional and uncorrected failure to have a controlled substances and alcohol testing program in place.
(B)CA Vehicle Code § 34623(c)(3)(B) An intentional and uncorrected failure to enroll an employed driver into the controlled substances and alcohol testing program.
(C)CA Vehicle Code § 34623(c)(3)(C) A knowing use of a medically disqualified driver, including the failure to remove the driver from safety-sensitive duties upon notification of the medical disqualification.
(D)CA Vehicle Code § 34623(c)(3)(D) An attempt to conceal legal deficiencies in the motor carrier’s controlled substances and alcohol testing program.
(d)CA Vehicle Code § 34623(d) The department, pending a hearing in the matter pursuant to subdivision (f), may suspend a carrier’s permit.
(e)Copy CA Vehicle Code § 34623(e)
(1)Copy CA Vehicle Code § 34623(e)(1) A motor carrier whose motor carrier permit is suspended pursuant to subdivision (b) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the department and paying a reinstatement fee as required by Section 34623.5.
(2)CA Vehicle Code § 34623(e)(2) The department shall deposit all reinstatement fees collected from motor carriers of property pursuant to this section in the fund. Upon receipt of the fee, the department shall forward a request to the Department of the California Highway Patrol, which shall perform a reinspection within a reasonable time, or shall verify receipt of the application or fee or both the application and fee. Following the term of a suspension imposed under Section 34670, the department shall reinstate a carrier’s motor carrier permit suspended under subdivision (b) upon notification by the Department of the California Highway Patrol that the carrier’s safety compliance has improved to the satisfaction of the Department of the California Highway Patrol, unless the permit is suspended for another reason or has been revoked.
(f)CA Vehicle Code § 34623(f) Whenever the department suspends the permit of any carrier pursuant to subdivision (b), (c), or paragraph (3) of subdivision (i), the department shall furnish the carrier with written notice of the suspension and shall provide for a hearing within a reasonable time, not to exceed 21 days, after a written request is filed with the department. At the hearing, the carrier shall show cause why the suspension should not be continued. Following the hearing, the department may terminate the suspension, continue the suspension in effect, or revoke the permit. The department may revoke the permit of any carrier suspended pursuant to subdivision (b) at any time that is 90 days or more after its suspension if the carrier has not filed a written request for a hearing with the department or has failed to submit a request for reinstatement pursuant to subdivision (e).
(g)CA Vehicle Code § 34623(g) Notwithstanding any other provision of this code, a hearing shall not be provided if the suspension of the motor carrier permit is based solely upon the failure of the motor carrier to maintain satisfactory proof of financial responsibility as required by this code.
(h)CA Vehicle Code § 34623(h) A motor carrier of property may not operate a commercial motor vehicle on any public highway in this state during any period its motor carrier of property permit is suspended pursuant to this division.
(i)Copy CA Vehicle Code § 34623(i)
(1)Copy CA Vehicle Code § 34623(i)(1) A motor carrier of property whose motor carrier permit is suspended pursuant to this section or Section 34505.6, which suspension is based wholly or in part on the failure of the motor carrier to maintain any vehicle in safe operating condition, may not lease, or otherwise allow, another motor carrier to operate the vehicles of the carrier subject to the suspension, during the period of the suspension.
(2)CA Vehicle Code § 34623(i)(2) A motor carrier of property may not knowingly lease, operate, dispatch, or otherwise utilize any vehicle from a motor carrier of property whose motor carrier permit is suspended, which suspension is based wholly or in part on the failure of the motor carrier to maintain any vehicle in safe operating condition.
(3)CA Vehicle Code § 34623(i)(3) The department may immediately suspend the motor carrier permit of any motor carrier that the department determines to be in violation of paragraph (2).
(j)CA Vehicle Code § 34623(j) This section shall become operative on January 1, 2016.
California Highway Patrol regulation motor carrier permit suspension vehicle safety regulations driver enrollment system federal substance abuse testing substance abuse program violations reinspection process public highway operation ban carrier compliance hearing financial responsibility requirements leasing restrictions vehicle operation restrictions suspension penalties hearing request process permit reinstatement procedures
(Repealed (in Sec. 17) and added by Stats. 2013, Ch. 500, Sec. 18. (AB 529) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)

Section § 34623.1

Explanation

If a motor carrier has overdue taxes listed by the State Board of Equalization or the Franchise Tax Board, their permit can be suspended according to rules found in another law.

The motor carrier permit of a licensee may be suspended pursuant to Section 494.5 of the Business and Professions Code if a licensee’s name is included on a certified list of tax delinquencies provided by the State Board of Equalization or the Franchise Tax Board pursuant to Section 7063 or Section 19195, respectively of the Revenue and Taxation Code.
motor carrier permit suspension tax delinquencies licensee State Board of Equalization Franchise Tax Board certified list overdue taxes Business and Professions Code Revenue and Taxation Code tax compliance permit revocation financial delinquency
(Added by Stats. 2011, Ch. 455, Sec. 17. (AB 1424) Effective January 1, 2012.)

Section § 34623.5

Explanation

If a driver's permit is suspended and then the suspension ends, the person must pay a $150 fee to get their permit reissued, besides any other fees that might be needed, unless specific exceptions in other sections apply.

Except as provided under subdivision (c) of Section 34630 and subdivision (d) of Section 34640, before a permit may be reissued after a suspension is terminated, there shall, in addition to any other fees required by this code, be paid to the department a fee of one hundred fifty dollars ($150).
permit reissuing suspension termination reissue fee driver's permit fee payment Section 34630 exception Section 34640 exception reissue process suspension fee suspension end reinstatement fee permit fee requirements
(Amended by Stats. 2007, Ch. 58, Sec. 1. Effective January 1, 2008.)

Section § 34624

Explanation

This law sets up a special category called "owner-operators" for people driving commercial vehicles. An owner-operator must have a specific type of driver's license, can only operate a limited number of vehicles, and must get a permit from the department. "Power units" are the motor vehicles used, while "towed vehicles" are the ones they pull. If an owner-operator's driving license is suspended, their operating permit might be suspended too unless they give a good reason not to do so within 15 days. If an owner-operator's status changes, they must inform other companies they're contracted with. This law doesn't redefine terms like "employer" or "independent contractor" for other purposes.

(a)CA Vehicle Code § 34624(a) The department shall establish a classification of motor carrier of property known as owner-operators.
(b)CA Vehicle Code § 34624(b) As used in this section and in Sections 1808.1 and 34501.12, an owner-operator is a person who meets all of the following requirements:
(1)CA Vehicle Code § 34624(b)(1) Holds a class A or class B driver’s license or a class C license with a hazardous materials endorsement.
(2)CA Vehicle Code § 34624(b)(2) Owns, leases, or otherwise operates not more than one power unit and not more than three towed vehicles.
(3)CA Vehicle Code § 34624(b)(3) Is required to obtain a permit as a motor carrier of property by the department under this division.
(c)Copy CA Vehicle Code § 34624(c)
(1)Copy CA Vehicle Code § 34624(c)(1) As used in this section, “power unit” is a motor vehicle described in subdivision (a), (b), (g), (f), or (k) of Section 34500, or a motortruck of two or more axles that is more than 10,000 pounds gross vehicle weight rating, but does not include those vehicles operated by household goods carriers, as defined in Section 5109 of the Public Utilities Code or persons providing transportation of passengers. A “towed vehicle” is a nonmotorized vehicle described in subdivision (d), (e), (f), (g), or (k) of that section.
(2)CA Vehicle Code § 34624(c)(2) As used in this section, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 11,500 pounds, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous materials for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which a hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code.
(d)CA Vehicle Code § 34624(d) The department, upon suspending or revoking the driving privilege of an owner-operator shall also suspend the owner-operator’s motor carrier permit, unless the owner-operator, within 15 days, shows good cause why the permit should not be suspended.
(e)CA Vehicle Code § 34624(e) Every motor carrier who is within the classification established by this section is responsible for notifying all other motor carriers with whom he or she is under contract when the status of the motor carrier changes so that he or she is no longer within the classification established by this section.
(f)CA Vehicle Code § 34624(f) This section shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any other purpose.
owner-operators motor carrier of property driver's license class A driver's license class B class C license hazardous materials endorsement power unit towed vehicles motor carrier permit driving privilege suspension vehicle weight transportation of passengers household goods carriers hazardous materials transportation contractual notification
(Amended by Stats. 2002, Ch. 774, Sec. 6. Effective September 21, 2002.)