Commercial Motor Vehicle Safety ProgramEmployer Responsibilities

Section § 15240

Explanation

This law makes it illegal for employers to let any driver operate a commercial vehicle if certain conditions apply. These conditions include when the driver’s license is suspended, revoked, or canceled, if the driver has multiple licenses, or if there is an order preventing the driver or vehicle from being in service. Additionally, drivers cannot be allowed to drive if it would break laws related to railroad crossings.

No employer shall knowingly allow, permit, require, or authorize a driver to drive a commercial motor vehicle under any of the following conditions:
(a)CA Vehicle Code § 15240(a) The driver has a driver’s license or privilege suspended, revoked, or canceled by any state or has been disqualified from operating a commercial motor vehicle.
(b)CA Vehicle Code § 15240(b) The driver has more than one driver’s license.
(c)CA Vehicle Code § 15240(c) The driver or the commercial motor vehicle or motor carrier operation is subject to an out-of-service order as described in subdivision (b) of Section 2800.
(d)CA Vehicle Code § 15240(d) In violation of any law or regulation pertaining to a railroad-highway grade crossing.
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Section § 15242

Explanation

If you are a self-employed commercial motor vehicle driver, you have to follow the rules for both employers and employees. However, if a motor carrier hires you to operate a single vehicle, they are responsible for making sure you follow the law while you work under their direction and control. This 'direction and control' means you are either working under the carrier's authority from the Department of Transportation or have a subcontract with them, working for at least 60 days out of 90 and have been active for at least 36 hours in any week of service. Importantly, this regulation doesn't change the definitions of employer, employee, or independent contractor.

(a)CA Vehicle Code § 15242(a) A person who is self-employed as a commercial motor vehicle driver shall comply with both the requirements of this chapter pertaining to employers and those pertaining to employees.
(b)CA Vehicle Code § 15242(b) Notwithstanding subdivision (a), a motor carrier that engages a person who owns, leases, or otherwise operates not more than one motor vehicle listed in Section 34500 to provide transportation services under the direction and control of that motor carrier is responsible for the compliance of that person with this chapter and for purposes of the regulations adopted by the department pursuant to Section 34501 during the period of that direction and control.
(c)CA Vehicle Code § 15242(c) For the purposes of subdivision (b), “direction and control” means either of the following:
(1)CA Vehicle Code § 15242(c)(1) The person is operating under the motor carrier’s interstate operating authority issued by the United States Department of Transportation.
(2)CA Vehicle Code § 15242(c)(2) The person is operating under a subcontract with the motor carrier that requires the person to operate in intrastate commerce and the person has performed transportation services for a minimum of 60 calendar days within the past 90 calendar days for the motor carrier and has been on duty for that carrier for no less than 36 hours within any week in which transportation services were provided.
(d)CA Vehicle Code § 15242(d) Subdivision (b) shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any purpose.
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