Section § 31600

Explanation

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.

For the purposes of this division “explosive” or “explosives” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat. “Explosive” or “explosives” includes, but is not necessarily limited to, explosives as defined in Section 12000 of the Health and Safety Code, and any of the following:
(a)CA Vehicle Code § 31600(a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, commercial boosters, ammonium nitrate-fuel oil mixture (blasting agent), or any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations, when transported in a combined load with any explosive, as defined in this section.
(b)CA Vehicle Code § 31600(b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6 explosives as classified by the United States Department of Transportation.
(c)CA Vehicle Code § 31600(c) “Explosive” or “explosives” does not include small arms ammunition or any other division 1.4 explosive.
(d)CA Vehicle Code § 31600(d) This division shall not apply to special fireworks classified by the United States Department of Transportation as division 1.2 or 1.3 explosives when those special fireworks are regulated by and in conformance with Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
(e)CA Vehicle Code § 31600(e) Nothing in this chapter supersedes any regulations for the transportation of hazardous materials as defined in Section 2402.7 or as regulated in Division 14.1 (commencing with Section 32000).

Section § 31601

Explanation

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.

(a)CA Vehicle Code § 31601(a) This division shall apply to the operation of any motor vehicle on any highway, and to the operation and parking of any vehicle on any property designated pursuant to this division as a safe stopping place for the purpose of transporting any explosive in any amount when the transportation is rendered as a delivery service or for hire, or in any other event for the purpose of transporting any explosive or a combined load of any explosive and ammonium nitrate-fuel oil mixture (blasting agent) in an amount in excess of 1,000 pounds. The transportation of quantities of explosives of 1,000 pounds or less, or other than on a public highway, is governed by Division 11 (commencing at Section 12000) of the Health and Safety Code. Notwithstanding other provisions of this section, a license required by Section 31602 may be used to transport quantities of less than 1,000 pounds of explosives if all other requirements of this division are met.
(b)CA Vehicle Code § 31601(b) It is the legislative intention in enacting this division and with particular reference to requiring licenses for transportation of explosives as set forth herein that such provisions shall apply uniformly throughout the State of California and that such license to be obtained from the Department of the California Highway Patrol, as provided in Chapter 2.5 (commencing with Section 2500) of Division 2, shall be in lieu of any requirement for any license to be obtained by any such owner from any local authority within the state.

Section § 31602

Explanation

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.

(a)CA Vehicle Code § 31602(a) It is a misdemeanor for any owner of a vehicle to drive or permit the driving of the vehicle on any public highway for the purpose of transporting any explosive as defined herein and within the scope of Section 31601 unless the owner then holds a valid license for the transportation of explosives as provided in this division, except such persons as are expressly exempted in this division.
(b)CA Vehicle Code § 31602(b) It is a misdemeanor for the owner, or authorized agent of the owner, of any vehicle transporting explosives to drive, or to permit the driving of the vehicle, or for the driver to drive such vehicle, upon any public highway, not designated in regulations adopted by the Department of the California Highway Patrol as a route for the transportation of explosives, unless the use of the highway is required to permit delivery of, or the loading of, explosives at a point not on a highway designated as a route for the transportation of explosives, or unless the use of the highway is required to permit the vehicle to proceed to, and return from, a point designated as an inspection stop pursuant to this division.
(c)CA Vehicle Code § 31602(c) It is a misdemeanor for the driver of any vehicle transporting explosives to stop at any place not designated as a safe stopping place unless the vehicle is disabled or except when necessary to avoid conflict with other traffic or to comply with the orders of a peace officer or an official traffic control device. A safe stopping place is any location designated by the Department of the California Highway Patrol where the driver may stop for food, fuel or other necessary reasons and any location designated by the Department of the California Highway Patrol as a safe parking place, a safe stopping place, or as an inspection stop for purposes of this division.
(d)CA Vehicle Code § 31602(d) In the event the owner of a vehicle leases the same to be used in the transportation of explosives for which a license is required, the lessee shall be deemed the owner for the purposes of this division.

Section § 31607

Explanation

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.

(a)CA Vehicle Code § 31607(a) Any person operating or permitting the operation of a vehicle or combination of vehicles used in the transportation of explosives and subject to this division shall make or cause to be made an inspection of every said vehicle or combination of vehicles as hereinafter set forth.
(b)CA Vehicle Code § 31607(b) Such inspection as called for in Section 31608 shall be made immediately preceding the actual transportation of explosives by the vehicle and whenever there is an interchange of any vehicle operating in combination with any other vehicle in the transportation of explosives.
(c)CA Vehicle Code § 31607(c) Inspection of tires and brakes shall also be made en route at suitable intervals, off the roadway, at inspection stops established by the Department of the California Highway Patrol, at regular stops, terminal points, or driver-change points.

Section § 31608

Explanation

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.

The inspection of a vehicle required under subdivision (b) of Section 31607 shall include inspection of the following:
(a)CA Vehicle Code § 31608(a) Brakes and the brake system.
(b)CA Vehicle Code § 31608(b) The ignition and lighting systems.
(c)CA Vehicle Code § 31608(c) All tires on the equipment.
(d)CA Vehicle Code § 31608(d) All supplemental equipment as required by Section 31610.

Section § 31609

Explanation

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.

Every person operating a vehicle or combination of vehicles in the transportation of explosives subject to this division shall complete a record of every inspection which is required under Sections 31607 and 31608 in such form as approved by the Department of the California Highway Patrol showing the time and place of every inspection. The person making the inspection shall certify the fact in the record. The forms may be based upon the type used by the United States Department of Transportation. The record of every inspection shall be made at the time such inspection is conducted.
The driver of the vehicle shall display the record upon demand of any member of the California Highway Patrol or any police officer of a city who is on duty for the exclusive or main purpose of enforcing the provisions of this code.

Section § 31610

Explanation

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.

Every vehicle or combination of vehicles used in the transportation of explosives and subject to this division, in addition to any other equipment required by law, shall be equipped and maintained as required by this section.
(a)CA Vehicle Code § 31610(a) Brakes and the brake system shall be maintained in good and safe operating condition.
(b)CA Vehicle Code § 31610(b) The ignition and lighting systems shall be maintained in good operating condition.
(c)CA Vehicle Code § 31610(c) All tires shall be in good condition, properly matched and inflated. Except as may be necessary to cause immediate replacement, no vehicle shall be driven unless all tires in actual use on the vehicle are properly inflated.
(d)CA Vehicle Code § 31610(d) Fire extinguishers and other safety equipment prescribed by regulations adopted by the department pursuant to subdivision (f) of Section 34500 and Section 34501 shall be carried in each vehicle or combination of vehicles.
(e)CA Vehicle Code § 31610(e) No flare, fusee, oil lantern, or any signal device producing a flame shall be carried upon any vehicle or combination of vehicles.

Section § 31611

Explanation

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.

Every owner of a vehicle used in the transportation of explosives and subject to this division shall make available in each vehicle the latest map showing the routes which are to be used for the transportation of explosives which has been furnished for the vehicle by the Department of the California Highway Patrol and a list of the safe stopping places prescribed by the regulations of the Department of the California Highway Patrol for vehicles transporting explosives. The owner shall require that the driver be thoroughly familiar with the provisions of this division before operating any vehicle in the transportation of explosives.

Section § 31612

Explanation

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.

Persons operating vehicles, or combinations of vehicles, in the transportation of explosives and subject to this division, shall not accept any explosives for transportation unless the shipment is accompanied by a bill of lading or other shipping paper supplied by the shipper, showing the kind of explosives and bearing a statement that they have been packaged, labeled and marked in accordance with regulations of the United States Department of Transportation, and the bill of lading or other shipping paper shall be carried in the vehicle while en route and shall be displayed upon demand of any member of the California Highway Patrol or any police officer of a city who is on duty for the exclusive or main purpose of enforcing the provisions of this code.

Section § 31613

Explanation

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.

There shall not be included in any cargo of explosives any flammable liquids, acids, or corrosive liquids, oxidizers, or combustible materials, other than the explosives themselves, which may have such characteristics. Blasting caps or detonators shall not be transported upon the same vehicle with other explosives, nor shall electric blasting caps be transported upon any vehicle equipped with a radio transmitter. The foregoing provisions of this section shall be subject to such exceptions as are permitted by the United States Department of Transportation loading chart for cargoes of explosives.

Section § 31614

Explanation

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.

The following provisions shall apply to any vehicle transporting explosives subject to this division:
(a)CA Vehicle Code § 31614(a) When transporting explosives through or into a city or any other congested area for which a route has not been designated by the Department of the California Highway Patrol, drivers shall follow such routes as may be prescribed or established by local authorities.
(b)CA Vehicle Code § 31614(b) Where routes are not prescribed by local authority, every driver of a vehicle transporting explosives shall avoid, so far as practicable, and, where feasible, by prearrangement of routes, driving into or through congested thoroughfares, places where crowds are assembled, streetcar tracks, tunnels, viaducts, and dangerous crossings.
(c)CA Vehicle Code § 31614(c) No driver or other person in charge of any vehicle on any public or private property shall permit any explosive to be loaded into, or on, or to be unloaded from any motor vehicle with the engine running, and, whenever any loading operation is in progress, the parking brake on the motor vehicle shall be securely set and all reasonable precautions taken to prevent movement of the motor vehicle during loading or unloading.
(d)CA Vehicle Code § 31614(d) No driver or other person in charge of such vehicle shall operate or permit the operation of any vehicle transporting explosives unless all of that portion of the lading which consists of explosives is contained entirely within the body of the motor vehicle or within the horizontal outline thereof, without overhang or projection of any part of the load, and if such motor vehicle has a tailboard or tailgate it shall be closed and secured in place during such transportation.
(e)CA Vehicle Code § 31614(e) Every motor vehicle transporting explosives shall have either a closed body or have the explosive cargo covered with a fire- and water-resistant tarpaulin, and in either event, care shall be taken to protect the load from moisture and sparks. Subject to other exceptions as are permitted by the United States Department of Transportation regulations, explosives may be transported on flat-bed vehicles if the explosive portion of the load on each vehicle is packed in fire- and water-resistant containers or covered with a fire- and water-resistant tarpaulin.
(f)CA Vehicle Code § 31614(f) No person shall operate any vehicle transporting explosives past any fire of any kind burning on or near the highway until the driver ascertains that such passing can be made with safety.
(g)CA Vehicle Code § 31614(g) No motor vehicle transporting explosives shall be left unattended upon any street or highway except in extreme emergency. The vehicle shall be deemed attended whenever a driver or person in charge thereof is in or upon the vehicle or is in a position to observe the vehicle at all times. The driver or person in charge of a vehicle transporting explosives may, however, leave the vehicle unattended at any place designated as a safe parking place on the list of safe stopping places prepared by the Department of the California Highway Patrol unless conditions exist, which are known to the driver, which make it unreasonable to do so.
(h)CA Vehicle Code § 31614(h) No driver or other person shall smoke or light any match or otherwise have or produce any fire or flame while in, upon, or near any vehicle transporting explosives.
(i)CA Vehicle Code § 31614(i) No person shall transport any explosives in a passenger vehicle, or bus, which is subject to this division.

Section § 31615

Explanation

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.

Nothing contained in this division shall be deemed to exempt any vehicle transporting explosives and subject to this division, or the owner or any other person, from other provisions of this code, but all such other provisions relating to the driving and movement of vehicles, the size, weight, and equipment thereof, shall be deemed to apply as applicable to each and every vehicle engaged in transporting explosives subject to this division.

Section § 31616

Explanation

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.

The Department of the California Highway Patrol, after consultation with the officials having the responsibility for the prevention and suppression of fire in communities through which routes for the transporting of explosives pass, representatives of transportation companies concerned, explosives manufacturers, and the State Fire Marshal shall, by regulation, designate the routes in this state which are to be used for the transportation of explosives. The Department of the California Highway Patrol shall prepare for distribution to persons engaged in the transportation of explosives, maps which clearly indicate the routes, as established in regulations, which are to be used for the transportation of explosives. The Department of the California Highway Patrol shall prepare for distribution to persons engaged in the transportation of explosives a list of locations of required inspection stops, safe parking places, and safe stopping places and shall revise the list to keep it current. Notwithstanding any other provision of law, regulations adopted pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except that, for the purposes of subdivision (a) of Section 11346.4 of the Government Code, the public comment period shall be 30 days, and the regulations shall become effective upon filing with the Secretary of State.

Section § 31616.5

Explanation

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.

Notwithstanding Section 11349.3 of the Government Code, the review by the Office of Administrative Law of regulations adopted pursuant to Section 31616 shall be completed within 15 days after the regulations have been submitted to the Office of Administrative Law for review.

Section § 31617

Explanation

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.

In the event of an emergency, the Department of the California Highway Patrol is authorized to suspend or change any designated route for the transportation of explosives or to temporarily designate new or additional routes for such transportation. The Department of the California Highway Patrol shall, unless the nature of the emergency makes it impracticable to do so, consult with local fire officials in the area or areas affected before making any such changes or new designations. If the changes or new designations are made before they can be discussed with those officials, the Department of the California Highway Patrol shall immediately notify the appropriate officials of his action.
The change in or new designation of routes shall not be effective for more than 90 days from the date of such action, unless the Department of the California Highway Patrol determines that the change or new designation should become permanent, in which case the Department of the California Highway Patrol shall, within the 90-day period, initiate action to make the change or new designation permanent in accordance with the provisions of Section 31616 and in which case the emergency change or designation shall remain in effect until superseded by a regulation of the Department of the California Highway Patrol.

Section § 31618

Explanation

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.

Where not specifically provided otherwise, it is a misdemeanor for any person to violate any provision of this division. Every person convicted of a misdemeanor for a violation of any of the provisions of this division shall be punished as follows:
(a)CA Vehicle Code § 31618(a) For a first violation, by a fine of not less than one thousand dollars ($1,000), or by imprisonment for not more than six months, or by both fine and imprisonment.
(b)CA Vehicle Code § 31618(b) For a second or subsequent violation, by a fine of not less than two thousand dollars ($2,000) or by imprisonment for not more than six months, or by both fine and imprisonment.

Section § 31619

Explanation

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.

When not in conflict with any local ordinance pertaining to the transportation of explosives, it shall be lawful to transport smokeless powder in an amount not exceeding 100 pounds if packed in containers prescribed by the United States Department of Transportation upon a highway not designated by the Department of the California Highway Patrol as a route for the transportation of explosives.

Section § 31620

Explanation

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.

The Department of the California Highway Patrol, upon application of any interested party, with the concurrence of the fire chief or chiefs in the area or areas affected, and if he determines that such action may be taken without jeopardizing the public safety, may suspend, or waive compliance with, the whole or any part of the requirements of this division insofar as they apply to the delivery or transportation of explosives in sparsely populated, unincorporated areas or in any area where there may be practical difficulties or unnecessary or unreasonable hardship in carrying out the provisions of this division. No person shall be charged with any crime for any violation of the provisions of this division when such a suspension or waiver by the Department of the California Highway Patrol is in effect in the area in which the alleged violation occurs.