Transportation of Explosives
Section § 31600
This section defines what is considered an 'explosive' for legal purposes. It includes substances that are primarily used for rapid combustion or detonation, like dynamite and nitroglycerine. The law refers to substances identified as explosives in various codes like the Health and Safety Code and the United States Code.
It categorizes some materials, like black powder and blasting caps, as explosives when combined with others. It also specifies certain classifications by the Department of Transportation. Small arms ammunition and 1.4 division explosives are excluded from this definition. Special fireworks are covered under separate regulations if they comply with specific health and safety rules, and this law doesn't override other hazardous transportation regulations.
Section § 31601
This California law regulates how vehicles carry explosives on highways and certain designated areas. If you're transporting over 1,000 pounds of explosives or a mix with ammonium nitrate, you need a license from the California Highway Patrol. Smaller amounts are governed by different rules, but a CHP license is still useful. The state wants these rules to apply everywhere in California, so local licenses aren't necessary.
Section § 31602
This law makes it illegal for a vehicle owner to drive or let someone drive their vehicle on public highways to transport explosives without holding a proper license, unless exempted. It's also illegal for vehicles carrying explosives to travel on non-designated routes, unless absolutely necessary for delivery or inspection purposes. Furthermore, drivers can't stop vehicles carrying explosives in undesignated places unless due to emergencies or orders from authorities. If a vehicle is leased for transporting explosives, the lessee is considered the owner for legal purposes.
Section § 31607
If you're operating a vehicle that transports explosives, you must inspect the vehicle both before starting the journey and whenever there's a change in the vehicles being used together. This is to ensure safety while transporting these dangerous materials.
Additionally, you need to check the tires and brakes at regular intervals during the trip. These inspections should happen off the road at designated areas set by the California Highway Patrol or at other scheduled stops.
Section § 31608
This law outlines what needs to be inspected on a vehicle under a specific requirement. Inspectors must check the brakes and the whole brake system, ignition and lighting systems, all vehicle tires, and any additional equipment specified in another section.
Section § 31609
If you are driving a vehicle that transports explosives, you must fill out a record for every required inspection, noting the time and place. This record should be certified by the person who did the inspection and follow a format approved by the California Highway Patrol, similar to what is used by the U.S. Department of Transportation. You need to create this record at the time of the inspection.
If requested, you must show this inspection record to a California Highway Patrol officer or a city police officer who is on duty to enforce this law.
Section § 31610
This law mandates specific safety requirements for vehicles transporting explosives. Brake systems must work safely, and ignition and lighting systems should function properly. Tires have to be in good shape and correctly inflated. Fire extinguishers and other safety equipment need to be on board. It's important that no flame-producing signals, like flares or lanterns, are carried on these vehicles.
Section § 31611
If you own a vehicle that transports explosives in California, you must keep a current map in each vehicle showing the approved routes for transporting explosives and a list of designated safe stopping places, as provided by the California Highway Patrol. Additionally, you must ensure that your drivers are fully knowledgeable about these transportation regulations before they drive vehicles carrying explosives.
Section § 31612
If you're driving a vehicle carrying explosives, you must have a shipping document from the sender. This document needs to specify what type of explosives you're carrying and confirm they’re properly packaged according to U.S. regulations. Keep this paperwork with you at all times while driving, as law enforcement officers can ask to see it.
Section § 31613
This law states that when transporting explosives, you cannot include any flammable liquids, acids, or materials that could catch fire or corrode other than the explosives themselves. Additionally, you cannot transport blasting caps, which are used to trigger explosions, in the same vehicle with other explosives. It's also prohibited to transport electric blasting caps in vehicles equipped with a radio transmitter. There may be exceptions to these rules if allowed by the U.S. Department of Transportation's loading chart for explosive cargo.
Section § 31614
This law covers the rules for transporting explosives in vehicles. It requires drivers to follow local routes set for safety when passing through cities or congested areas. If no routes are set, drivers should avoid crowded spots, tunnels, and dangerous crossings wherever possible.
Loading or unloading explosives with the engine running is prohibited, and the parking brake must be set to prevent movement during these operations. Explosives must be fully within the vehicle's body and closed with a tailgate. They should either be in a closed body or covered with a fire- and water-resistant tarp.
Vehicles transporting explosives cannot pass by fires unless it's safe and should not be unattended on streets unless it's an emergency, though safe parking spots are exceptions. Smoking or lighting a flame near an explosives-transporting vehicle is forbidden, and explosives cannot be carried in passenger vehicles or buses.
Section § 31615
This section clarifies that vehicles transporting explosives must still follow all other traffic rules and vehicle regulations. There are no special exemptions for them—they need to comply with laws about driving, vehicle size, weight, and equipment just like any other vehicle.
Section § 31616
The California Highway Patrol (CHP) is responsible for setting up rules about which roads in the state can be used to transport explosives. They consult with fire officials, transporters, manufacturers, and the State Fire Marshal. CHP will provide maps and updated lists showing these routes, required inspection stops, and safe parking places for transporters. These regulations are made following specific government procedures, with a 30-day public comment period, and become effective immediately after being filed.
Section § 31616.5
This law requires that the Office of Administrative Law completes its review of certain regulations within 15 days. These regulations are related to a specific area governed by another section that isn't detailed here.
Section § 31617
This law allows the California Highway Patrol to temporarily change or set new routes for transporting explosives during emergencies. They must try to discuss these changes with local fire officials unless the situation prevents it. Any route changes can only last for 90 days unless made permanent through additional actions, following certain procedures. If the change is considered permanent, it will stay until replaced by a new regulation.
Section § 31618
This law states that if someone breaks the rules in this division and there's no specific penalty mentioned, it's considered a misdemeanor. If it's their first time, they might have to pay at least $1,000, spend up to six months in jail, or both. If they break the rules again, the fine goes up to at least $2,000, and they could still face the same jail time or a combination of both penalties.
Section § 31619
This law says that you can legally transport up to 100 pounds of smokeless powder on highways, as long as it's in the proper containers approved by the U.S. Department of Transportation. However, this is only allowed if it doesn't conflict with local rules about transporting explosives, and if the highway isn't marked for transporting explosives by the California Highway Patrol.
Section § 31620
The California Highway Patrol (CHP) can suspend or waive rules about transporting explosives in sparsely populated or difficult areas if safety isn't at risk and a local fire chief agrees. This means no one will face legal charges for breaking these rules if such waivers are granted in the area where the rule was broken.