Section § 32100

Explanation

This law is about creating special rules for transporting extremely dangerous materials like inhalation hazards and poison gases. These substances are very toxic and can spread quickly, so they need strict regulations during transport to prevent accidents and ensure public safety.

It is the intent of the Legislature, in enacting this division, to create a special category of inhalation hazards and poison gases and to establish special safeguards for their transportation.
These materials are highly toxic, spread rapidly, and require rapid and widespread evacuation if there is loss of containment or a fire. For these reasons, the Legislature intends to more rigorously restrict and otherwise control the transportation of these materials.

Section § 32100.5

Explanation

This law covers the transportation rules for hazardous materials that can be harmful if inhaled, but only when these materials are transported in large quantities. If the packaging is empty and only contains a tiny leftover amount, this law doesn't apply.

This division applies to the transportation of inhalation hazards in bulk packaging, except when that packaging contains only residue.

Section § 32101

Explanation

This section defines several terms related to the handling and transport of hazardous materials. An 'inhalation hazard' refers to certain dangerous materials as categorized by federal regulations. 'Bulk packaging' and 'residue' are terms also defined by these federal rules. The section describes what qualifies as an 'inspection stop', which is a designated area for inspecting vehicles. A 'safe parking place' is a facility where a vehicle can be parked legally and safely with permission. Lastly, a 'safe stopping place' is an area where a driver can stop for essentials, as long as the vehicle is always monitored by the driver or another responsible person.

As used in this division:
(a)CA Vehicle Code § 32101(a) “Inhalation hazard” means any material defined as “Poison A” pursuant to Section 173.326 of Title 49 of the Code of Federal Regulations or for which a “Poison-Inhalation Hazard” or “Inhalation Hazard” shipping paper description is required pursuant to Section 172.203 of Title 49 of the Code of Federal Regulations.
(b)CA Vehicle Code § 32101(b) “Bulk packaging” means the same as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(c)CA Vehicle Code § 32101(c) “Residue” means the same as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(d)CA Vehicle Code § 32101(d) “Inspection stop” means any location designated as such in regulations adopted pursuant to this division or any safe stopping place.
(e)CA Vehicle Code § 32101(e) “Safe parking place” means any loading or unloading facility or motor carrier terminal where the driver may safely and lawfully park and leave the vehicle unattended when authorized by the owner or person in charge of the facility or terminal.
(f)CA Vehicle Code § 32101(f) “Safe stopping place” means any place designated by the department pursuant to this division where a driver may stop for food, fuel, or any other necessary reason, provided the vehicle is attended at all times. A vehicle is “attended” when the driver or person in charge of it is awake and occupies any part of it except the sleeper berth, or is within 100 feet of the vehicle and has an unobstructed view of it.

Section § 32102

Explanation

This California law gives the Department the power to create rules for handling inhalation hazards. It's a crime to break these rules. The Department decides specific routes for transporting these hazards and will hold public meetings about them. They consider safety factors like population density and emergency response before deciding. The Department also provides maps and lists of inspection stops for those transporting inhalation hazards. Until new routes are set, some materials like chemical rocket propellants have specific paths to Vandenberg Air Force Base based on a past agreement.

(a)CA Vehicle Code § 32102(a) The department may adopt any regulations that are necessary to administer this division. It is a misdemeanor for any person to violate this division or regulations adopted pursuant to this division.
(b)CA Vehicle Code § 32102(b) The department shall, by regulation, designate through routes in this state which are to be used for the transportation of inhalation hazards. The department may also designate separate through routes for the transportation of inhalation hazards composed of any chemical rocket propellant specified in Section 32050. The Department of Transportation shall assist the department in developing the recommended routes. The department shall hold public hearings in each field operation division of the department in which are located proposed routes. In recommending the through routes, the department shall do both of the following:
(1)CA Vehicle Code § 32102(b)(1) Perform a risk assessment which shall include, but not be limited to, consideration of the population density, capabilities of the emergency response personnel near the proposed routes, and the safety of the roadways.
(2)CA Vehicle Code § 32102(b)(2) Consult with officials having the responsibility for the prevention and suppression of fire in communities in which are located the proposed routes, the representatives of persons engaged in the transportation of inhalation hazards, manufacturers of inhalation hazards, and the State Fire Marshal.
(c)CA Vehicle Code § 32102(c) The department shall prepare for distribution to persons engaged in the transportation of inhalation hazards maps which clearly indicate the routes which are to be used for the transportation of inhalation hazards.
(d)CA Vehicle Code § 32102(d) The department shall prepare for distribution to persons engaged in the transportation of inhalation hazards a list of locations of required inspection stops and safe stopping places and shall revise the list to keep it current.
(e)CA Vehicle Code § 32102(e) Until other routes are designated by the department for the transportation of chemical rocket propellants pursuant to subdivision (b), the designated through routes for the transportation of chemical rocket propellants to Vandenberg Air Force Base shall be those routes designated in the letter of agreement between the department and the United States Department of the Air Force executed in 1992.

Section § 32103

Explanation

This law requires that every company using vehicles to transport hazardous materials that could be inhaled must ensure each vehicle has the latest route maps and lists of safe stopping and inspection points. It also mandates drivers to be well-versed in relevant regulations before transporting these inhalation hazards. This rule has been in effect since January 1, 1992.

(a)CA Vehicle Code § 32103(a) Every motor carrier shall make available in each vehicle used in the transportation of inhalation hazards the latest map showing the routes to be used for the transportation of inhalation hazards and a list of the safe stopping places and inspection stops for vehicles transporting inhalation hazards as prescribed by regulations of the department. The carrier shall require that the driver be thoroughly familiar with this division before operating any vehicle in the transportation of inhalation hazards.
(b)CA Vehicle Code § 32103(b) This section shall become operative on January 1, 1992.

Section § 32104

Explanation

This law makes it illegal for a trucking company or their driver to operate a vehicle carrying inhalation hazards on public highways that are not specifically approved for such transportation, except for certain reasons like deliveries or inspections.

Additionally, it's against the law for these vehicles to stop anywhere other than designated safe places unless in an emergency or following a peace officer's orders. This rule became effective on January 1, 1992.

(a)CA Vehicle Code § 32104(a) It is unlawful for the motor carrier or its authorized agent to drive or to permit the driving of any vehicle transporting inhalation hazards, or for the driver to drive the vehicle, upon any public highway not designated in regulations adopted by the department as a route for the transportation of inhalation hazards. This subdivision shall not apply when the use of the highway is required (1) to permit delivery of, or the loading of, inhalation hazards at a point not on a highway designated as a route for the transportation of inhalation hazards, or (2) to permit the vehicle to proceed to, and return from, an inspection stop, safe stopping place, or safe parking place.
(b)CA Vehicle Code § 32104(b) It is unlawful for the driver of any vehicle transporting inhalation hazards to stop at any place other than a safe stopping place, safe parking place, or an inspection stop 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.
(c)CA Vehicle Code § 32104(c) This section shall become operative on January 1, 1992.

Section § 32105

Explanation

This law is about safely transporting materials that could be dangerous if inhaled. If possible, drivers should plan routes that avoid busy areas and crowds to limit risk. You can't leave these vehicles unattended on roads. Before transporting, check brakes, steering, lights, and tires. During the trip, check brakes and tires regularly—every four hours or 150 miles, before descending steep hills, and at any designated stops. Each inspection must be officially recorded, noting time and place, and signed by the inspector. These rules have been in place since January 1, 1992.

(a)CA Vehicle Code § 32105(a) Unless there is no practicable alternative, every driver of a vehicle transporting inhalation hazards shall avoid, by prearrangement of routes, driving into or through heavily populated areas, congested thoroughfares, or places where crowds are assembled. Operating convenience is not a basis for determining whether it is practicable to operate a vehicle in accordance with this subdivision.
(b)CA Vehicle Code § 32105(b) No vehicle transporting inhalation hazards shall be left unattended upon any street or highway.
(c)CA Vehicle Code § 32105(c) Inspection of the following items of equipment shall be made immediately preceding the actual transportation of an inhalation hazard:
(1)CA Vehicle Code § 32105(c)(1) Brakes and the brake system.
(2)CA Vehicle Code § 32105(c)(2) Steering, connection devices, and lighting systems.
(3)CA Vehicle Code § 32105(c)(3) All tires.
(4)CA Vehicle Code § 32105(c)(4) All supplemental equipment as required by Section 32106.
(d)CA Vehicle Code § 32105(d) En route inspection of tires and brakes on vehicles transporting inhalation hazards shall be performed at the following locations:
(1)CA Vehicle Code § 32105(d)(1) At an inspection stop at least every four hours or 150 miles traveled, whichever occurs first, or as close thereto as is practicable, depending upon the proximity of those inspection stops.
(2)CA Vehicle Code § 32105(d)(2) Regardless of elapsed time or miles traveled, at the top of and prior to descending any grade upon which the Department of Transportation has declared a speed limit for trucks of less than 55 miles per hour as provided by Section 22407. The inspection shall be made off the roadway.
(3)CA Vehicle Code § 32105(d)(3) Regardless of elapsed time or miles traveled, at any location designated in regulations of the department as a required inspection stop.
(e)Copy CA Vehicle Code § 32105(e)
(1)Copy CA Vehicle Code § 32105(e)(1) Every person operating a vehicle transporting an inhalation hazard shall complete a record of every inspection which is required pursuant to this section in the form approved by the department showing the time and place of every inspection.
(2)CA Vehicle Code § 32105(e)(2) The record of every inspection shall be made at the time the inspection is conducted.
(3)CA Vehicle Code § 32105(e)(3) The person making the inspection shall certify the fact in the record.
(f)CA Vehicle Code § 32105(f) This section shall become operative on January 1, 1992.

Section § 32106

Explanation

This law requires vehicles transporting inhalation hazards to be equipped and maintained in specific ways to ensure safety. First, brakes and the entire brake system must be in good, safe condition. Secondly, steering, connection devices, and lighting systems also need to be in good working order. Tires must be in decent shape, properly matched, and inflated, with no driving on under-inflated tires. Lastly, vehicles must have fire extinguishers and other safety gear as required by the department's regulations.

Every vehicle used in the transportation of an inhalation hazard, in addition to any other equipment required by law, shall be equipped and maintained as required by this section.
(a)CA Vehicle Code § 32106(a) Brakes and the brake system shall be maintained in good and safe operating condition.
(b)CA Vehicle Code § 32106(b) Steering, connection devices, and lighting systems shall be maintained in good operating condition.
(c)CA Vehicle Code § 32106(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 § 32106(d) Fire extinguishers and other safety equipment prescribed by regulations adopted by the department pursuant to Section 34501 shall be carried in each vehicle or combination of vehicles.

Section § 32107

Explanation

If you're driving a vehicle or combination of vehicles that carries something dangerous to breathe, you must have a breathing device on board and equipment to quickly contact emergency services.

Every vehicle, or combination of vehicles, transporting an inhalation hazard shall contain a self-contained breathing apparatus and equipment capable of immediate communication with emergency personnel.

Section § 32109

Explanation

This law makes it clear that vehicles carrying hazardous materials that can be inhaled must still follow all other traffic laws. These laws include rules about how the vehicle is driven, its size and weight, and the equipment it needs to have. Just because a vehicle is transporting these inhalation hazards does not mean it can ignore other traffic regulations.

Nothing in this division exempts any vehicle transporting inhalation hazards and subject to this division, or the owner or any other person, from other provisions of this code. All those other provisions relating to the driving and movement of vehicles, and the size, weight and equipment thereof, shall apply as applicable to each and every vehicle engaged in transporting inhalation hazards subject to this division.