Chapter 4Workers’ Compensation

Section § 34640

Explanation

This law section outlines the requirements for motor carriers of property in California to obtain a permit. Before a permit is issued, carriers must show they have workers' compensation insurance through a certificate, consent to self-insure, or a statement claiming they don't employ anyone who would require workers' compensation.

If a carrier is covered, insurance must remain active unless the insurer provides a 30-day notice before canceling. If a carrier without employee coverage becomes subject to workers' compensation laws, they must notify the department and file the necessary insurance documents.

Carriers face permit suspension if their insurance lapses or terminates, unless they show valid coverage. To resume operations after suspension, carriers need to pay a fee and provide proof of coverage. If there's evidence of no coverage lapse, the fee is waived.

(a)CA Vehicle Code § 34640(a) A motor carrier permit shall not be granted to any motor carrier of property until one of the following is filed with the department:
(1)CA Vehicle Code § 34640(a)(1) A certificate of workers’ compensation coverage for its employees issued by an admitted insurer.
(2)CA Vehicle Code § 34640(a)(2) A certification of consent to self-insure issued by the Director of Industrial Relations, and the identity of the administrator of the carrier’s workers’ compensation self-insurance plan.
(3)CA Vehicle Code § 34640(a)(3) A statement, under penalty of perjury, stating that, in its operations as a motor carrier of property, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state.
(b)CA Vehicle Code § 34640(b) The workers’ compensation certified under paragraph (1) of subdivision (a) shall be effective until canceled. The insurer shall provide to the motor carrier of property and to the department a notice of cancellation not less than 30 days in advance of the effective date.
(c)CA Vehicle Code § 34640(c) If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers’ compensation laws of this state, the carrier shall promptly notify the department that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
(d)CA Vehicle Code § 34640(d) Whenever the department determines or is notified that the certificate of workers’ compensation insurance or certification to self-insure a motor carrier of property will lapse or be terminated, the department shall suspend the carrier’s permit effective on the date of the lapse or termination, unless the motor carrier provides evidence of valid insurance coverage pursuant to subdivision (a).
(1)CA Vehicle Code § 34640(d)(1) If the carrier’s permit is suspended, the carrier shall pay a reinstatement fee as set forth in Section 34671, and prior to conducting on-highway operations, present proof of valid insurance coverage pursuant to subdivision (a) in order to have the permit reinstated.
(2)CA Vehicle Code § 34640(d)(2) If the evidence provided by the carrier of valid insurance coverage pursuant to subdivision (a) demonstrates that a lapse in coverage for the carrier’s operation did not occur, the reinstatement fee shall be waived.
motor carrier permit workers' compensation insurance self-insure certification statement under penalty of perjury insurance cancellation notice permit suspension reinstatement fee insurance coverage proof lapse in coverage carrier operations employee coverage department notification valid insurance evidence permit reinstatement carrier obligation
(Amended by Stats. 2007, Ch. 58, Sec. 3. Effective January 1, 2008.)