Section § 34019

Explanation

This section requires the commissioner to establish rules regarding the safety and design of cargo tanks and support equipment, like fire safety tools. Additionally, for vehicles transporting goods within the state, the commissioner needs to align regulations with any updated federal standards for vehicles transporting goods across state lines whenever possible.

(a)CA Vehicle Code § 34019(a) The commissioner shall adopt reasonable regulations with respect to the following:
(1)CA Vehicle Code § 34019(a)(1) The design, construction, and structural safety of cargo tanks and fire auxiliary equipment.
(2)CA Vehicle Code § 34019(a)(2) To the extent permitted by federal law, the stability of tank vehicles.
(b)CA Vehicle Code § 34019(b) For intrastate shipments in this state, the commissioner shall, as soon as feasible, incorporate any new United States Department of Transportation standards concerning interstate shipments.

Section § 34020.5

Explanation

This law allows the California Department of Transportation, with input from other agencies and after a public hearing, to control when tank vehicles can travel through tunnels on state highways. They must conduct a traffic and engineering survey to assess safety risks and consider alternative routes. A tunnel is defined as a passageway of at least 300 feet long. Any regulations are not valid until signs are posted to inform drivers.

(a)CA Vehicle Code § 34020.5(a) The Department of Transportation, after consultation with the Department of the California Highway Patrol, the State Fire Marshal, and affected local agencies, and following a public hearing subject to Section 21109.5, may regulate the time when tank vehicles may travel through a tunnel on state highways.
(b)CA Vehicle Code § 34020.5(b) In evaluating the use of a tunnel on a state highway, the Department of Transportation shall conduct a traffic and engineering survey which includes an analysis of the relative risks to public safety in determining the feasibility of reasonable alternative routes.
(c)CA Vehicle Code § 34020.5(c) For the purposes of this section, a tunnel is a horizontal passage enclosed on the sides and top containing a roadway of a length of not less than 300 feet.
(d)CA Vehicle Code § 34020.5(d) No prohibition or restriction adopted pursuant to this section shall be effective until appropriate signs have been posted giving notice thereof to drivers approaching the tunnel.

Section § 34021

Explanation

This law requires that when new regulations for cargo tanks are created, existing tanks should be given reasonable consideration. However, if a cargo tank is deemed dangerous due to its design or construction, no leniency or allowance will be granted.

The regulations adopted by the commissioner shall make reasonable allowances for cargo tanks in existence when the regulations become effective. No allowance shall, however, be made for any cargo tank which because of its design or construction constitutes a distinct hazard to life or property.

Section § 34022

Explanation

This law requires the commissioner to look at the publications from the National Fire Protection Association and the U.S. Department of Transportation when creating safety regulations, as these sources represent commonly accepted safety standards.

In adopting the regulations, the commissioner shall consider, as evidence of generally accepted safety standards, the publications of the National Fire Protection Association and the United States Department of Transportation.

Section § 34024

Explanation

This law states that when the commissioner creates, changes, or cancels regulations under this division, they must follow specific procedures outlined in another part of the government code. Essentially, there's a standardized process for making these regulatory changes.

The regulations adopted by the commissioner pursuant to this division shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.