Safety Regulations
Section § 34500
This law section outlines the California Department of Transportation's responsibility to regulate the safety of various large vehicles. These include heavy motortrucks, truck tractors, different types of buses, trailers for many passengers, and vehicles carrying hazardous materials. Specific requirements also apply to manufactured homes and park trailers moving on highways, needing permits. Additionally, certain commercial motor vehicles with a gross weight of 26,001 pounds or pulling heavy trailers need regulation. The section aims to ensure these vehicles operate safely on roads.
Section § 34500.1
This law states that besides other responsibilities, the department is required to ensure tour buses are operated safely through regulation.
Section § 34500.2
This law states that if a vehicle owned by a public agency has already been inspected within the past 24 hours under a specific regulation, it doesn’t need another inspection while responding to or returning from an emergency. However, the vehicle must be inspected right after the emergency ends.
Section § 34500.3
This section mandates that the Department of Motor Vehicles (DMV) create rules to ensure vehicles carry cargo safely. These rules must align with federal standards set by the U.S. Department of Transportation. However, if farmers are transporting their own hay or straw on public roads as part of their farming activities, these specific regulations don't apply. Even so, farmers must still ensure their loads are safely secured.
Section § 34500.4
This California law requires the Department of the California Highway Patrol to implement a safety inspection program for modified limousine terminals by July 1, 2017. The inspections focus on safe vehicle operation, installation of safety gear, record-keeping, and compliance with safety standards. These inspections occur at least every 13 months and are part of both passenger stage corporations and charter-party carriers' requirements.
The department will establish and collect an inspection fee every 13 months, which funds the program. Regulations are to be adopted as emergencies to protect public welfare, with final rules expected within a year. Inspection data must be shared with the Public Utilities Commission, and all actions should align with existing bus inspection programs.
Section § 34500.5
This law defines a 'commercial motor vehicle' in California. A commercial motor vehicle is the same as those described in Section 15210(b) and also includes any vehicles listed in Section 34500.
Section § 34500.6
This law defines what qualifies as an agricultural vehicle in California. To be considered an agricultural vehicle, it must weigh 26,000 pounds or less, be used by a farmer or related personnel for agricultural purposes, not be used for compensation, have a towing vehicle that weighs 16,000 pounds or less, and operate only within California state lines.
The California Highway Patrol must report on the impact of excluding these vehicles from certain regulations, focusing on safety and collision data. This section will no longer be valid after January 1, 2026, unless renewed or changed by a new law.
Section § 34500.7
This law requires motor carriers, drivers, and vehicles to follow specific federal safety regulations. These include rules related to the safety fitness procedures (Part 385), driving practices (Part 392), vehicle parts and accessories necessary for safe operation (Part 393), vehicle inspection, repair, and maintenance (Part 396), and the transportation of hazardous materials (Part 397) as outlined in the Federal Motor Carrier Safety Regulations.
Additionally, despite the federal regulations, California requires drivers and motor carriers operating within the state to complete Daily Vehicle Inspection Reports as per state-specific regulations.
Section § 34501
This law outlines the rules the Department of Motor Vehicles (DMV) in California must establish to ensure the safe operation of certain vehicles. These rules cover a wide range of areas such as drug and alcohol testing for drivers, hours of service, vehicle maintenance, and accident reporting. However, school buses have a separate set of rules.
Local law enforcement agencies transporting inmates within one county are exempt from some rules, but not if they transport outside their county. A special committee advises the DMV on new regulations, and inspections are conducted regularly at bus terminals and maintenance facilities.
There are specific guidelines for handling hazardous materials, aiming for consistency with federal standards. There are exemptions for certain emergency vehicles and situations. Notably, it is illegal to operate a bus without undergoing the required inspections, and serious breaches could lead to vehicles being grounded until violations are addressed.
Section § 34501.1
If you make or sell wheelchair lifts for buses or public transit vehicles in California, you must first prove that your lifts meet state and federal safety standards. This proof has to come from an independent lab or a registered mechanical engineer in California, and you must give this certification to the California Highway Patrol before you distribute your lifts.
Section § 34501.2
This law sets the rules for how long commercial vehicle drivers can work. It aligns California's rules with federal rules from the Department of Transportation.
For intrastate drivers not carrying hazardous materials, the maximum driving time is usually 12 hours, but it's 10 hours for tank drivers with over 500 gallons of flammable liquids. During state emergencies, these limits may be extended for certain drivers transporting essential goods.
Utility service vehicle drivers, both employees and direct contractors, are exempt from these limits in emergencies but must keep records of their work hours. Emergency includes unexpected events like natural disasters or severe weather that disrupt essential services.
From farm fields to first processing points, drivers can work longer under certain conditions or during emergencies, especially if transporting delicate or time-sensitive products.
Section § 34501.3
This law prohibits motor carriers from making schedules that would force drivers to break speed limits or work beyond allowed hours. If a driver’s logbook shows a schedule that would have required speeding, it’s assumed the driver exceeded speed limits, unless proven otherwise.
If a carrier violates the rule about driver hours, fines can be imposed: up to $1,000 for a first offense, $2,500 for a second, and $5,000 for subsequent offenses.
Section § 34501.4
If a driver who must follow rules about how many hours they can work and keep a log can't show a complete logbook from the past day when asked by the department, it's assumed they broke the work hour rules.
Section § 34501.5
The California Highway Patrol (CHP) is responsible for creating rules to ensure the safe operation of certain vehicles, particularly those used for school transportation. To help with this, an 11-member advisory committee is appointed to provide guidance. This committee includes representatives from the State Department of Education, Department of Motor Vehicles, CHP, school bus drivers, school bus contractors, school districts, traffic safety officials, a pediatrician, and someone representing other school transportation operations. Before making any rules, the CHP must consult with this committee.
Section § 34501.6
This law requires school boards to create rules restricting schoolbus use when visibility is 200 feet or less during regular student transportation. For school activity trips, bus drivers have the authority to stop operations if they think it's unsafe due to low visibility.
Section § 34501.7
This law requires that any rules made about wheelchair lifts on buses, specifically regarding how they are built, tested, or approved, must consider the costs involved. These rules must be reviewed and updated every year by the relevant department.
The law began on July 1, 1987.
Section § 34501.8
The California Highway Patrol must inspect every public paratransit vehicle at least once a year to ensure they meet legal requirements. These vehicles must have a fire extinguisher, a first-aid kit, and equipment to secure wheelchairs.
After July 1, 1989, these vehicles cannot be driven without a certificate from the California Highway Patrol. This certificate confirms the vehicle passed inspection within the last 13 months. The specific format and issuance of this certificate are regulated by the California Highway Patrol Commissioner.
Additionally, there is a fee for these annual inspections, which covers the cost of the inspection process. All collected fees go into the State Transportation Fund.
Section § 34501.9
This section clarifies that the laws and regulations in this division do not impact how wages are calculated or paid, whether that's regular, overtime, or premium wages, for anyone's working or driving hours. The regulation also makes sure it doesn't interfere with wage-related rules set by other public agencies like the Industrial Welfare Commission or the Division of Labor Standards Enforcement.
Section § 34501.10
Employers who have employees that must maintain log books and other driver-related records need to register the location of these records with the California Highway Patrol. This ensures that the records can be inspected by authorities when needed.
Section § 34501.12
This section covers rules for certain vehicle operations, excluding agricultural vehicles, in California. Motor carriers must identify all terminals where vehicles can be inspected and provide records for inspection upon request. A vehicle inspection schedule based on terminal fleet size outlines how many vehicles will be inspected, and carriers non-compliant with these rules will get unsatisfactory ratings. The department can inspect any terminal and uses a system focusing on safety data and performance to prioritize inspections. Only compliant motor carriers can contract with others, and this must be documented. If a terminal receives an unsatisfactory rating, it will be reinspected within 120 days. This section, part of the BIT program, will be repealed on January 1, 2026, unless extended.
Sample
Section § 34501.12
This law requires motor carriers to report all terminals in California where their vehicles can be inspected, as well as ensure vehicles and records are available for inspection. The number of vehicles inspected depends on fleet size. Lessors must also provide vehicles for inspection. The Department can inspect any terminal, prioritizing those never inspected or identified for inspection based on safety performance. Unsafe terminals must be revisited within 120 days, and carriers with poor compliance may have permits suspended. Carriers working with others must verify compliance in writing, retaining records for inspection. A review of unsatisfactory ratings is possible within five days. Performance data from inspections is to be published for public review. The law is known as the Basic Inspection of Terminals (BIT) program and takes effect on January 1, 2026.
Sample
Section § 34501.13
If a school bus operator's facility gets a poor rating after an inspection, the department must inform the school board responsible for that facility.
Section § 34501.14
This law focuses on the safety inspections of grape gondolas, which are specialized vehicles used to transport grapes. From July 1, 1993, grape gondola owners must apply for initial inspections and pay a fee. These inspections are required every 25 months. If the inspection cannot be completed within this timeframe due to department delays, no extra fee will be charged. Operating a gondola without submitting an application or having a successful inspection after 1995 is prohibited.
The inspections cover brakes, steering, lights, connections, wheels, tires, frame, and suspension. Inspections are scheduled at a central location every other year over eight weeks. If the gondola fails its first inspection, it can be re-inspected without an additional fee. The fee cannot exceed $25, covering the department's costs. A grape gondola is defined as a modified vehicle used specifically for transporting grapes and designed to work with winery dumping facilities. This law applies only if the gondola is used for 60 days or fewer per year, travels under 500 miles annually, and solely transports grapes.
Section § 34501.15
If a driver of a commercial vehicle in California is found with 0.01% or more alcohol in their blood, they must stop driving for 24 hours. This rule has been in place since January 1, 1992, and will continue until federal regulations no longer require it. Once it's determined that the federal rules no longer demand this, the state's rule will be terminated, and the director will notify the Secretary of State to repeal it.
Section § 34501.16
California law requires employers of commercial drivers to inform their employees about restrictions on alcohol consumption while driving. At the time of hiring and every year after, commercial drivers must be told that they cannot drive if their blood-alcohol level is 0.04% or higher. If a driver tests at or above 0.01%, they must be removed from service for 24 hours.
The DMV includes this information in the commercial driver's handbook. This rule will stay in effect until federal regulations change, and if they do, the director will notify the Secretary of State to repeal the law.
Section § 34501.17
This law requires that all paratransit vehicles be regularly inspected, maintained, and lubricated based on the manufacturer's recommendations to ensure they are safe to operate. Key areas such as brakes, steering, lights, and tires need thorough checks.
The vehicle owner or operator must keep detailed records of all maintenance activities, including the service date, odometer reading, and who performed the service. These records have to be stored at the business location and be available for inspection by authorized officials. Additionally, the vehicle's odometer must be kept in working order.
Section § 34501.18
This law requires motor carriers, which are companies that hire drivers, to inform the authorities if they replace more than half of their drivers in a 30-day period, but this only applies if the company employs over 20 full-time drivers. Once the authorities receive the report, they have 21 days to inspect the company to ensure they are following safety regulations, which include drug testing and work hours rules.
However, companies don't need to report if the driver replacements are due to regular business changes like seasonal demand or relocations. The law clarifies that having a driver means either direct employment or hiring through a contract lasting over 30 days in the previous year. A full-time driver is one who works at least 30 hours a week on average.
Section § 34501.19
This section requires that certain vehicles follow federal regulations for equipment like brakes, suspension, and steering systems. The vehicles in question are described in another law, and terms like "commercial motor vehicle" have specific meanings that are found in federal regulations.
Section § 34502
This law section explains that when the California Highway Patrol creates safety rules and regulations, they should take into account the existing rules and regulations set by the Public Utilities Commission as a benchmark for generally accepted safety standards.
Section § 34503
This law is about making sure the traffic rules created by the California Highway Patrol are the same everywhere in the state. No local governments, like cities or counties, can make their own traffic rules if they conflict with these state rules.
Section § 34504
This law section states that the California Highway Patrol is responsible for enforcing certain rules and regulations. These rules, which were created under another law, became effective on March 1, 1965.
Section § 34505
Tour bus companies in California must make sure each bus undergoes a detailed inspection at least every 45 days. This inspection should cover critical areas like brakes, steering, suspension, and tires. If any issues are found during these checks, they have to be fixed and confirmed by an authorized person before the bus can be used for transporting passengers.
The company must keep records of these inspections for a year at their maintenance or garage locations. These records must detail the vehicle's ID, the date and type of inspection, repairs made, and include the signature of an authorized representative confirming all necessary repairs were completed.
Section § 34505.1
This law explains what happens if a tour bus or modified limousine carrier doesn't follow safety rules. If a carrier fails to keep their vehicles safe or doesn't sign up their drivers for a mandatory notice system, and this negligence is serious or continual, the Department of Motor Vehicles (DMV) will suggest suspending, denying, or revoking their license to operate. The DMV may also suggest action to the U.S. Department of Transportation if the carrier operates between states.
If a carrier gets two unsatisfactory ratings for failing to report as needed or doesn't pay fees, it can also trigger this process. Before any action, the DMV must inform the carrier in writing and allow them to review the decision. But if a bus is found with many safety issues posing immediate danger, it will be taken out of service immediately until it's fixed and reinspected.
Section § 34505.2
This law allows the California Highway Patrol to create agreements with local governments to inspect more tour buses that operate in their areas. These agreements involve protocols for working together and require the local government to pay for any extra inspection costs. However, any additional inspections must not repeat those already conducted to meet certain existing requirements.
Section § 34505.5
This section requires motor carriers to inspect vehicles related to commercial transportation every 90 days to ensure safe operation. These inspections must check brakes, steering, tires, and other key components. If vehicles are out of service for more than 90 days, they must be inspected before use again. Any identified issues must be fixed before the vehicle can operate on the highway, confirmed by a signed report from the carrier's representative.
Carriers need to keep these records, including vehicle details, inspection dates, and repair confirmations, for two years. Printouts with necessary details are acceptable as records. For vehicles based outside of California but used within the state, they must be maintained to the same standards, and any deficiencies can lead to further inspection demands.
Section § 34505.6
This law section in California addresses situations where the authorities can take action against motor carriers or household movers for not complying with safety regulations or failing to enroll drivers in the pull-notice system. If a carrier is deemed unsafe or consistently fails to meet standards, the Department of Motor Vehicles (DMV) or the Federal Motor Carrier Safety Administration can be recommended to suspend or revoke their permits.
The law outlines the process of notifying the carriers about their unsatisfactory records and allows them to request a review of the decision within five days. This review is completed before any recommendations are made to suspend or revoke permits. The DMV or the Department of Consumer Affairs can take interim action, suspending the permits until a formal hearing takes place.
Section § 34505.7
This law is about ensuring private carriers of passengers in California follow safety rules and maintain their vehicles properly. If a carrier doesn't meet safety standards, fails to keep their vehicles in safe condition, doesn't comply with regulations, or doesn't enroll their drivers in the monitoring system, the Department of Motor Vehicles (DMV) might suspend their registration. If a carrier gets two bad safety ratings in a row or loses driver monitoring due to unpaid fees, it's considered a consistent safety failure.
The department must notify the carrier in writing about their poor safety record and possible registration suspension. The carrier can request a review of this decision within five days before the recommendation is sent to the DMV. Additionally, border commercial vehicle inspection sites must be staffed by California Highway Patrol inspectors whenever they're open.
Section § 34505.8
Section § 34505.9
This law allows ocean marine terminals to conduct their own intermodal roadability inspection program instead of the standard state inspections, provided they meet certain criteria. The terminal must have over 1,000 chassis and a history of satisfactory inspections. Every intermodal chassis leaving the terminal must be inspected for safety and have the proper decals and documentation. Inspections cover brakes, tires, and other key components, and records must be kept for 90 days. Any faults found must be fixed before the chassis can be used. Records of maintenance and qualification of inspectors must also be maintained and made available when requested.
The law assigns liability for inspection negligence to the responsible terminal and voids any contract clauses that indemnify such responsibilities. Drivers can request reinspections if they believe a chassis is unsafe and must not face retaliation for safety complaints. If a terminal fails to comply with inspection requirements, the state's enforcement actions can include suspension of permits and recommendations to federal authorities. The section defines key terms like 'intermodal chassis' and 'ocean marine terminal' and clarifies that it does not exempt drivers from their safety responsibilities under other laws.
Section § 34505.10
If a company hires another company to provide transportation services, the hired company must keep records about vehicle dispatch, driver assignments, and driver pay. These records should be kept even if the company they're working for doesn't require them.
Section § 34506
This law states that it's a crime, specifically a misdemeanor, if someone doesn't follow the rules set by the California Highway Patrol. These rules cover important safety areas like how long a driver can work, how hazardous materials should be transported, and standards for the design and operation of buses, including school buses, youth buses, and tour buses. It also applies to other vehicles covered by related legal sections.
Section § 34506.3
If you don't follow the rules set by the department under this division, you'll commit an infraction, unless a different rule says otherwise.
Section § 34506.4
This law allows the California Highway Patrol to remove and store large, unsafe vehicles from highways, such as certain trucks and farm labor vehicles. If a farm labor vehicle is caught violating specific safety laws, it can be impounded, with escalating consequences depending on repeated violations. The vehicle can be released after showing it's been repaired or will be moved to a repair location. First violations might result in 24-hour hold, second violations for at least 10 days, and third or more violations for at least 30 days. The vehicle owner must pay for towing and storage costs.
Section § 34506.5
If a farm labor vehicle is caught breaking certain laws on highways and has been impounded more than once, it can be considered a nuisance and may be permanently confiscated. Owners at the time of impoundment can request a hearing to challenge the impoundment's validity. If a vehicle is found to be legal and safe at that time, the responsible agency must cover the towing and storage costs. Several specific procedures are set for handling the forfeiture process.
Section § 34507
This law states that any vehicle under the control of the Department of Motor Vehicles, the Public Utilities Commission, or the U.S. Secretary of Transportation must display a special identifying symbol. This helps these authorities enforce transportation laws.
Section § 34507.5
This law requires motor carriers in California to get an identification number from the Department of Transportation. To do this, they must first have a U.S. Department of Transportation number. Motor carriers need to keep their information up-to-date and display this identification number on their vehicles. However, there are some exceptions, like certain rental vehicles or vehicles that are already compliant with federal regulations. Specific types of vehicles, such as private carriers or government vehicles, do not need to comply with some parts of this law.
If a vehicle is sold or transferred, its identification number should be removed unless the company is still operating under the same details. The identification number must be clearly visible on the vehicle.
Section § 34507.6
This law requires operators of certain bus transportation services, which don't need charter-party regulation due to specific exemptions, to get a carrier identification number from the California Highway Patrol. This ID must be displayed on both sides of each bus in a way that's clearly visible from 50 feet during daylight.
Additionally, the ID must be removed before the bus is sold or transferred.
Section § 34508
This law states that the California Highway Patrol is responsible for creating and enforcing rules about how school buses are built, maintained, equipped, designed, painted, and operated.
Section § 34509
This law section outlines specific exemptions and requirements for vanpool vehicles, which are vehicles used to transport no more than 10 people. These vehicles are exempt from certain regulations but must have a working fire extinguisher and a clearly marked first aid kit.
Vanpool vehicles must be inspected, maintained, and lubricated regularly to ensure safety, with checks on critical parts like brakes and steering every six months or 6,000 miles. Operators need to keep records of maintenance, including detailed information such as service dates, performed tasks, and mileage, which should be available for inspection.
Additionally, these vehicles must display signs indicating their use, visible from at least 50 feet away.
Section § 34510
If you're driving a vehicle carrying hazardous materials, you must keep shipping papers with you while on the road. These documents need to be shown if a California Highway Patrol officer or a city police officer, who is focused on enforcing vehicle laws, asks for them.
Section § 34510.5
Brokers of construction trucking services must have a $15,000 surety bond to offer construction transport services. This bond protects payments to motor carriers in dump trucks if the broker fails to pay on time.
The broker must show proof of this bond either on their website or to a relevant industry organization that maintains a list of bonded brokers. If the bond is canceled or expired, the broker must update this information accordingly.
Brokers are prohibited from hiring motor carriers for construction services without providing written proof of their bond to both the employers and the motor carriers involved each year before work starts.
If a broker violates these rules, they can be fined up to $5,000. Not having a bond suggests the broker may not pay what they owe to motor carriers of dump trucks during that period. Certain manufacturers handling raw materials and not charging fees are exempt. Written proof of the bond includes documents like a certificate of insurance.
Section § 34511
This law states that if someone breaks a rule in this division or a related regulation, the California Attorney General can take legal action to stop it. This doesn't require proving there's no other solution or that the damage is severe.
However, the person accused must first be given a chance to fix the issue. If they don't, despite receiving written notices from the department twice within 60 days, legal action can proceed. Before legal proceedings, the person can request a hearing and the law enforcement commissioner must approve the action.
Section § 34513
This law says that the department is responsible for creating rules and guidelines about how tour buses should be equipped and maintained. This means they need to decide what safety and operational standards these buses must meet.
Section § 34514
This law requires the department to conduct extra roadside vehicle safety inspections every year, starting from the 1990–91 fiscal year. These inspections are meant to supplement existing inspections at maintenance facilities and terminals and must exceed the number of roadside checks conducted in the 1987–88 fiscal year.
The Legislature intends to ensure there is funding for these extra inspections every year, starting from the 1990–91 fiscal year, by allocating money from the Motor Vehicle Account, as long as there are enough funds collected under a related section.
Section § 34515
This law defines what a 'maintenance facility or terminal' is in the context of vehicle operations. It refers to any place where specific vehicles are kept, fixed, operated from, or sent out from, including private homes and businesses.
When it comes to inspections, 'terminal' means any chosen location in California where the transport department can inspect vehicles and review maintenance and driver records. This rule was effective starting January 1, 2016.
Section § 34516
This law prohibits using vehicles like refrigerated trucks or vans that have transported landfill waste to carry food products for people. If caught doing this, it's considered a misdemeanor.
If the federal government lists certain wastes or substances as making food unsafe, these vehicles can't be used to transport food if they also carry those materials.
If accused of breaking this law, a person or company can avoid punishment by proving that the way they transported the food wasn't actually harmful to health due to protective measures taken.
Section § 34517
This law states that if you drive a commercial vehicle from another country in areas outside designated commercial zones in the U.S., you must have permission from the U.S. Department of Transportation. If you don't, you could be fined $1,000.
If a police officer catches you violating this rule, they'll issue a citation, tell you to drive the vehicle back to its original country, and they could impound the vehicle and its cargo until everything is cleared up. Any costs related to impounding are the vehicle owner's responsibility.
A 'designated commercial zone' is an area defined by specific U.S. federal regulations.
Section § 34518
This law regulates foreign motor carriers and private motor carriers operating in California. They must have a valid certificate from the U.S. Department of Transportation and cannot exceed the restrictions of that certificate. They must show their certificate to police upon request and are prohibited from offering certain domestic transportation services. Similarly, U.S.-registered carriers must have proper registration and cannot operate beyond its limitations. Violations result in a $1,000 fine. The California Highway Patrol can impound vehicles and cargo until fines and impoundment costs are paid. Vehicles with permanent operating authority must have regular safety inspections every three months unless operating solely near the U.S.-Mexico border. Definitions for terms like 'commercial zones' and 'terminal areas' are also included.
Section § 34520
This law requires motor carriers and drivers to follow federal rules on drug and alcohol testing. Motor carriers must keep and provide these test records for inspection, but positive test results can't be used in criminal cases about drug offenses. Testing groups must send summaries of positive test results to the department within three days. Transit agencies getting federal funds also need to comply with these rules. Before hiring, motor carriers must ensure drivers pass preemployment drug tests and check their work history thoroughly. Using a preemployment screening service that complies with laws meets these duties. Violating these rules intentionally is a misdemeanor with possible jail time and fines, but certain peace officers and firefighters are exempt if they are part of substance abuse programs at work.
Section § 34520.3
This law defines a 'school transportation vehicle' as a vehicle used by schools to transport children, but is not classified as a schoolbus, school pupil activity bus, or youth bus. It requires that school districts or county education offices hosting such vehicles must include their drivers in a drug and alcohol testing program similar to those for school bus drivers, unless already part of a federal program. The law aims to ensure these requirements are not more stringent than those for school bus drivers.
Section § 34520.5
This law mandates that all employers and drivers of paratransit vehicles must participate in controlled substances and alcohol testing programs similar to those required by the U.S. Secretary of Transportation unless they are already part of another federal testing program.
Additionally, employers must use the pull notice system, which is a system that keeps track of drivers' records and can provide updates on their driving status.