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VC Sec 34505.9 SAFETY
34505.9. (a) An ocean marine terminal that receives and dispatches
intermodal chassis may conduct the intermodal roadability inspection
program, as described in this section, in lieu of the inspection
required by Section 34505.5, if the terminal meets all of the
(1) More than 1,000 chassis are based at the ocean marine
(2) The ocean marine terminal, following the two most recent
consecutive inspections required by Section 34501.12, has received
satisfactory compliance ratings, and the terminal has received no
unsatisfactory compliance ratings as a result of any inspection
conducted in the interim between the consecutive inspections
conducted under Section 34501.12.
(3) Each intermodal chassis exiting the ocean marine terminal
shall have a current decal and supporting documentation in accordance
with Section 396.17 of Title 49 of the Code of Federal Regulations.
(4) The ocean marine terminal's intermodal roadability inspection
program shall consist of all of the following:
(A) Each time an intermodal chassis is released from the ocean
marine terminal, the chassis shall be inspected. The inspection
shall include, but not be limited to, brake adjustment, brake system
components and leaks, suspension systems, tires and wheels, vehicle
connecting devices, and lights and electrical system, and shall
include a visual inspection of the chassis to determine that it has
not been tampered with.
(B) Each inspection shall be recorded on a daily roadability
inspection report that shall include, but not be limited to, all of
(i) Positive identification of the intermodal chassis, including
company identification number and vehicle license plate number.
(ii) Date and nature of each inspection.
(iii) Signature, under penalty of perjury, of the ocean marine
terminal operator or an authorized representative that the inspection
has been performed.
(iv) The inspector shall affix a green tag to a chassis that has
passed inspection and a red tag to a chassis that has failed
inspection. The tag shall contain the name of the inspector and the
date and time that the inspection was completed and shall be placed
in a conspicuous location so that it may be viewed from the rear of
the vehicle. The tag shall be provided by the marine terminal
operator and shall meet specifications determined by the Department
of the California Highway Patrol. The provisions of this
subparagraph shall also be applicable to an intermodal chassis
inspected by a marine terminal operator pursuant to Section 34505.5.
(C) Records of each inspection conducted pursuant to subparagraph
(A) shall be retained for 90 days at the ocean marine terminal at
which each chassis is based and shall be made available upon request
by any authorized employee of the department.
(D) Defects noted on any intermodal chassis shall be repaired, and
the repairs shall be recorded on the intermodal chassis maintenance
file, before the intermodal chassis is released from the control of
the ocean marine terminal. No vehicle subject to this section shall
be released to a motor carrier or operated on the highway other than
to a place of repair until all defects listed during the inspection
conducted pursuant to subparagraph (A) have been corrected and
attested to by the signature of the operator's authorized
(E) Records of maintenance or repairs performed pursuant to the
inspection in subparagraph (A) shall be maintained at the ocean
marine terminal for two years and shall be made available upon
request of the department. Repair records may be retained in a
computer system if printouts of those records are provided to the
department upon request.
(F) Individuals performing ocean marine terminal roadability
inspections pursuant to this section shall be qualified, at a
minimum, as set forth in Section 396.19 of Title 49 of the Code of
Federal Regulations. Evidence of each inspector's qualification
shall be retained by the ocean marine terminal operator for the
period during which the inspector is performing intermodal
(b) The records maintained pursuant to paragraphs (C) and (E) of
subdivision (a) and Section 34505.5 shall be made available during
normal business hours to any motor carrier or driver or the
authorized representative thereof who has been engaged to transport
an intermodal container on a chassis inspected pursuant to this
section or Section 34505.5 from the ocean marine terminal.
(c) Any citation issued for the violation of any state or federal
law related to the defective condition of an intermodal chassis
subject to inspection pursuant to this section or Section 34505.5,
that is not owned by that motor carrier or commercial driver, shall
be issued to the entity responsible for the inspection and
maintenance of the intermodal chassis, unless the officer determines
that the defective condition of the intermodal chassis was caused by
the failure of the driver to operate a commercial motor vehicle in a
(d) Any provision contained in a contract between the registered
owner or lessee of an intermodal chassis subject to inspection
pursuant to this section, or any other entity responsible for the
inspection and maintenance of the intermodal chassis, and any motor
carrier or any contract between a motor carrier and another motor
carrier engaged to transport an intermodal container on a chassis
subject to inspection pursuant to this section that contains a hold
harmless or indemnity clause concerning defects in the physical
condition of that chassis shall be void as against public policy.
This subdivision shall not apply to damage to the intermodal chassis
caused by the negligent or willful failure of the motor carrier to
operate a commercial motor vehicle in a safe manner.
(e) Following a terminal inspection in which the department
determines that an operator of an ocean marine terminal has failed to
comply with the requirements of this section, the department shall
conduct a reinspection within 120 days as specified in subdivision
(h) of Section 34501.12. If the terminal fails the reinspection, the
department shall direct the operator to comply with the requirements
of Section 34505.5 until eligibility to utilize the inspection
program described in this section is reestablished pursuant to
subdivision (a). If any inspection results in an unsatisfactory
rating due to conditions presenting an imminent danger to the public
safety or due to the operator's repeated failure to inspect and
repair intermodal chassis pursuant to this section, the department
shall immediately forward a recommendation to the Department of Motor
Vehicles to suspend the operator's motor carrier property permit,
and forward a recommendation to the Federal Motor Carrier Safety
Administration for administrative or other action deemed necessary
against the carrier's interstate operating authority, pursuant to
Section 34505.6 or 34505.7.
(f) Any driver who believes that an intermodal chassis is in an
unsafe operating condition may request that the chassis be
reinspected by the entity responsible for the inspection and
maintenance of the chassis pursuant to this section or Section
34505.5. The request for reinspection, any corrective action taken,
or the reason why corrective action was not taken shall be recorded
in the intermodal chassis maintenance file.
(g) No commercial driver shall be threatened, coerced, or
otherwise retaliated against by any ocean marine terminal operator
for contacting a law enforcement agency with regard to the physical
condition of an intermodal chassis or for requesting that the
intermodal chassis be reinspected or repaired.
(h) For the purposes of this section, the following definitions
(1) "Intermodal chassis" means a trailer designed to carry
intermodal freight containers.
(2) "Ocean marine terminal" means a terminal, as defined in
Section 34515, located at a port facility that engages in the loading
and unloading of the cargo of oceangoing vessels.
(i) Nothing in this section shall relieve a commercial driver or
commercial motor carrier of any duty imposed by state or federal law
related to the safe operation of a commercial motor vehicle.
(j) Nothing in this section shall affect the rights, duties, and
obligations set forth in Section 2802 of the Labor Code.