It is the intent of the Legislature to provide additional protection to the public and reduce the risk of possible hazards in the highway transportation of hazardous waste and of flammable and combustible liquids in tank vehicles. It is further the intent of the Legislature that the Department of the California Highway Patrol shall place as a high priority the random inspection of cargo tanks and hazardous waste transport vehicles and containers for compliance with this code.
Flammable and Combustible LiquidsAdministration
Section § 34000
This law is about protecting the public and minimizing hazards related to transporting hazardous waste and flammable or combustible liquids on highways. The California Highway Patrol is tasked with making it a high priority to randomly inspect cargo tanks and vehicles carrying hazardous waste to ensure they follow safety regulations.
public safety highway transportation hazardous waste
Section § 34001
This law section applies to vehicles with cargo tanks and those transporting hazardous waste, as specifically defined by another part of the Health and Safety Code, when they are on highways in the state.
The provisions of this division refer to vehicles having a cargo tank and to hazardous waste transport vehicles and containers, as defined in Section 25167.4 of the Health and Safety Code, that are operating on highways within this state.
cargo tank vehicles hazardous waste transport highway operation
Section § 34002
The law makes it clear that regulations about the design and construction of cargo tanks in California must be consistent across the entire state. No city, county, or any other local government can create or enforce different rules that contradict state regulations. This uniformity applies no matter where the cargo tank is located or used within the state.
(a)CA Vehicle Code § 34002(a) It is the legislative intention that the regulations adopted by the commissioner pursuant to this division shall apply uniformly throughout the State of California, and no state agency, city, city and county, county, or other political subdivision of this state, including, but not limited to, a chartered city, city and county, or county, shall adopt or enforce any ordinance or regulation which is inconsistent with this division.
(b)CA Vehicle Code § 34002(b) No other state agency, city, city and county, county, or other public agency of this state, including, but not limited to, a chartered city, city and county, or county, shall enforce any provisions regarding the design and construction of any cargo tank subject to this division, regardless of the location of the cargo tank, or the area of operation of the cargo tank, within this state.
cargo tank regulations uniform state regulations local government restrictions
Section § 34003
This section defines key terms related to vehicles carrying liquids. It explains that a 'cargo tank' refers to the definition in federal regulations and describes a 'cargo tank vehicle' as a truck or trailer with a tank built into it. It also clarifies that 'flammable liquids' and 'combustible liquids' are as defined in federal rules.
For purposes of this division:
(a)CA Vehicle Code § 34003(a) “Cargo tank” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(b)CA Vehicle Code § 34003(b) “Cargo tank vehicle” means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
(c)CA Vehicle Code § 34003(c) “Flammable liquids” and “combustible liquids” have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations.
cargo tank definition cargo tank vehicle truck with cargo tank
Section § 34004
This law states that the rules in this section apply to both new and already-used cargo tanks. It doesn't matter if the cargo tank is brand new or has been in use for some time; the same regulations apply.
The provisions of this division shall apply equally to new as well as existing cargo tanks.
cargo tanks new cargo tanks existing cargo tanks
Section § 34006
This law states that certain rules do not apply to wine, as legally defined, or to any liquid solution with 24% or less alcohol. However, this is true only if the non-alcohol part isn’t classified as flammable or combustible.
The provisions of this division shall not apply to “wine,” as defined by Section 23007 of the Business and Professions Code, or any other aqueous solution, having an alcoholic content less than, or equal to, 24 percent by volume. This exemption applies only if the nonalcohol portion of the aqueous solution does not fall within the definition of flammable or combustible liquid.
wine exemption alcohol content aqueous solution
