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Plymouth: E.I. duPont de Nemours & Co., Inc. c/o King Explosives, Inc., (north of Highway 16, at Forest Home Road.)
Sacramento: Applegate Drayage, 325 North 5th Street.
Sacramento: ABF (Arkansas Best Freight) Systems, Inc., 3250 47th Avenue.
Suisun: Baggett Transportation Co., 3809 Bithell Lane.
Suisun: Tri-State Trucking, 3841 Bithell Lane.
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1152.9. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1152.10. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1152.11. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1152.12. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1152.13. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.1. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.2. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.3. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.4. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.5. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.6. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.7. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.8. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.9. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.10. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.11. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1153.12. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1154. [Reserved].
Note: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
s 13-1155. Application of Article.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1155.1. Definitions.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1155.3. Escort Vehicle Equipment.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1155.4. Co-driver and Drivers Hours.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1155.6. Inhalation Hazard Transport Vehicle Equipment.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1155.8. Escort Procedures.
This article shall apply to the transportation of hazardous materials in vehicles listed in Vehicle Code Section 34500 and in any other vehicle for which the display of placards is required pursuant to Vehicle Code Section 27903 as prescribed in Vehicle Code Section 31309.
Note: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sections 32102, 32107 and 32108, Vehicle Code.
s 13-1160. Application.
(a) Application to Shippers. Shippers are subject to all provisions of this article except Sections 1160.4(g), 1162.1, 1166 and 1167, and are subject to Section 1164 only when loading or directing the loading of any vehicle.
(b) Application to Non-commercial Transportation. Except for subsection (d), the exceptions contained in this section shall only apply to the transportation of hazardous materials by carriers when not directly subject to federal jurisdiction pursuant to 49 CFR, Part 171 (i.e., transporting hazardous materials in intrastate, interstate or foreign commerce [transported for a fee or used for commercial purposes]).
(c) Alternative Exceptions for Non-commercial Carriers. Private carriers transporting hazardous materials for non-commercial purposes (i.e., transporting hazardous materials for personal use or by a federal, state or local government agency) may utilize the exceptions contained in subsections (e) through (m) of this section or the exceptions contained in either 49 CFR 173.6 or 49 CFR 173.8(c), but not both the exceptions in subdivisions (e) through (m) and the referenced 49 CFR exceptions at one time on the same vehicle or combination of vehicles.
(d) Liquefied Petroleum Gas. Except as provided in Sections 1160.4(g), 1160.5, 1161, 1161.3, 1161.6, 1161.7, 1162, 1163(d), 1166, and 1167, this article shall not apply to the transportation of liquefied petroleum gas in cargo tanks subject to regulations of the Division of Occupational Safety and Health, Department of Industrial Relations contained in Title 8, California Code of Regulations, Chapter 4, Subchapter 1 (Unfired Pressure Vessel Safety Orders), but it shall apply to liquefied petroleum gas transported in cylinders and portable tanks.
(e) Incidentally Transported Materials. This article shall not apply to the transportation of the following:
(1) Batteries in vehicle or auxiliary equipment ignition or lighting systems.
(2) Flammable compressed gases or flammable and/or combustible liquids used exclusively in vehicle or auxiliary equipment fuel, heating, refrigeration, or cooking systems.
(3) Batteries, compressed air in cylinders or tanks not exceeding 200 psi, inflated tires or less than 10 gallons of flammable liquid fuels on tow trucks or similar roadside service or repair vehicles or otherwise transported in private (not for-hire) carriage. Containers used to transport flammable liquids under this subsection shall not exceed 5 gallons capacity each, and shall be constructed and maintained in conformance with a nationally recognized fuel storage and dispensing standard for the fuel being transported (e.g., U.S. Department of Transportation (DOT), United Nations (UN), National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Underwriter Laboratories (UL), Factory Mutual (FM), or U.S. Department of Defense (military) specifications (U.S. Mil. Spec.).
(4) Highway fusees, and liquid-burning emergency flares and/or red electric lanterns that conform to 49 CFR 393.95(f)(1), being transported expressly for highway warning purposes or as authorized for use pursuant to Vehicle Code Section 25301, unless otherwise prohibited by this division or the Vehicle Code. This exception does not apply to broken fusees or fusees with missing protective caps.
(5) Fire extinguishers being transported expressly for in transit emergency fire suppression purposes.
(6) Flammable or combustible distillate fuels transported in a single compartmentalized or noncompartmentalized metal cargo tank of 450 liters (119 gallons) or less total volumetric capacity, or both flammable and combustible distillate fuels transported in a single compartmentalized metal cargo tank of 450 liters (119 gallons) or less total volumetric capacity, by a private carrier and used to service other vehicles or equipment. The tank shall be in compliance with 49 CFR 173.24(b), and the tank, its components, and attached equipment must be secured to the vehicle and protected from damage or leakage of the lading should the vehicle overturn.
(f) The outside packaging and marking exception contained in 49 CFR 173.156 for hazardous materials authorized to be renamed "Consumer commodity" and reclassified ORM-D is extended to transportation by a private carrier from either a distribution center or retail outlet, or subsequent transportation for incidental use.
(g) Shipping Paper Exception. Section 1161, pertaining to shipping papers, shall not apply to a private carrier transporting any one of the following:
(1) Not more than 227 kilograms (500 pounds) aggregate gross weight (including the packaging) of hazardous materials other than those:
(A) Any materials listed in 49 CFR 172.504(a), Table I, or
(B) Any materials for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label is required, or
(C) Any materials which require a Uniform Hazardous Waste Manifest pursuant to Section 25160 of the Health and Safety Code.
(2) Anhydrous ammonia in a single cargo tank of not more than 4,524 liters (1,200 gallons) capacity transported not more than 30 miles from the filling point or in a trailer-mounted cargo tank in compliance with Section 1163(f)(1) of this article.
(3) Not more than 1 cylinder each of argon, oxygen, carbon dioxide, acetylene, helium, or nitrogen if the gross weight is less than 454 kilograms (1,001 pounds), provided containers and labeling comply with Sections 1161.2 and 1163 of this article.
(h) Storage Tanks. Storage tanks used only for off-highway storage and dispensing of flammable and/or combustible distillate fuels and which contain only residue are excepted from specified provisions of this article as indicated below, when transported in accordance with the following:
(1) Except for subsection (d), Section 1163 shall not apply to portable or stationary above ground storage tanks when in conformance with 49 CFR 173.24(b).
(2) Except for Section 1163(d), this article shall not apply to underground storage tanks when prepared for shipment in accordance with American Petroleum Institute Recommended Practice 1604, Second Edition, December 1987. (This publication may be obtained from the American Petroleum Institute, 1220 L Street, Northwest, Washington D.C. 20005.)
(3) For purposes of this subsection, "residue" means the material remaining after the tank has been unloaded to the maximum extent practicable via the normal discharge opening. In no event shall the tank contain more than 454 liters (120 gallons) of any liquid.
(4) Storage tanks shall not be transported on the same vehicle with any other hazardous materials.
(i) Traffic Paint Applicator. Traffic paint applicator systems containing flammable paint are excepted from the provisions of Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b).
(j) Mobile Meter Calibration Units. Mobile meter calibration units containing flammable distillate fuel residue or liquefied petroleum gas residue are excepted from the provisions of Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b) and emptied to the maximum extent practicable via the normal discharge opening.
(k) Self Contained Breathing Apparatus. Compressed air breathing apparatus transported solely for in-transit emergencies or for the safety of persons conducting loading or unloading operations are not subject to this article, except Sections 1161.2, 1161.3 and 1163, when the compressed gas cylinders are mounted or otherwise secured to the vehicle during transit to prevent sliding, falling, tipping, rolling, or damage to the valving should the vehicle overturn.
(l) Breathing Air Recharge Units. Air cylinders or tanks operating under a Division of Occupational Safety and Health, Department of Industrial Relations operating permit and used to fill/recharge breathing air cylinders are not subject to Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b).
(m) Emergency Response Information. Section 1161.6 shall only apply to hazardous materials shipments for which the display of placards is required and/or for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label is required pursuant to this article; and to shipments that would have otherwise been required to be placarded and/or labeled, notwithstanding compliance with an applicable U.S. Department of Transportation placarding and/or labeling exemption issued pursuant to 49 CFR, Part 107, Subpart B.
Note: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference: Sections 2402.7, 31309, 34501 and 34510, Vehicle Code.
s 13-1160.1. Exceptions and Special Applications.
(a) Application to Shippers. Shippers are subject to all provisions of this article except Sections 1160.4(g), 1162.1, 1166 and 1167, and are subject to Section 1164 only when loading or directing the loading of any vehicle.
(b) Application to Non-commercial Transportation. Except for subsection (d), the exceptions contained in this section shall only apply to the transportation of hazardous materials by carriers when not directly subject to federal jurisdiction pursuant to 49 CFR Part 171 (i.e., transporting hazardous materials in intrastate, interstate or foreign commerce [transported for a fee or used for commercial purposes]).
(c) Alternative Exceptions for Non-commercial Carriers. Private carriers transporting hazardous materials for non-commercial purposes (i.e., transporting hazardous materials for personal use or by a federal, state or local government agency) may utilize the exceptions contained in subsections (e) through (m) of this section or the exceptions contained in either 49 CFR 173.6 or 49 CFR 173.8(c), but not both the exceptions in subdivisions (e) through (m) and the referenced 49 CFR exceptions at one time on the same vehicle or combination of vehicles.
(d) Liquefied Petroleum Gas. Except as provided in Sections 1160.4(g), 1160.5, 1161, 1161.3, 1161.6, 1161.7, 1162, 1163(d), 1166, and 1167, this article shall not apply to the transportation of liquefied petroleum gas in cargo tanks subject to regulations of the Division of Occupational Safety and Health, Department of Industrial Relations contained in Title 8, California Code of Regulations, Chapter 4, Subchapter 1 (Unfired Pressure Vessel Safety Orders), but it shall apply to liquefied petroleum gas transported in cylinders and portable tanks.
(e) Incidentally Transported Materials. This article shall not apply to the transportation of the following:
(1) Batteries in vehicle or auxiliary equipment ignition or lighting systems.
(2) Flammable compressed gases or flammable and/or combustible liquids used exclusively in vehicle or auxiliary equipment fuel, heating, refrigeration, or cooking systems.
(3) Batteries, compressed air in cylinders or tanks not exceeding 200 psi, inflated tires or less than 10 gallons of flammable liquid fuels on tow trucks or similar roadside service or repair vehicles or otherwise transported in private (not for-hire) carriage. Containers used to transport flammable liquids under this subsection shall not exceed 5 gallons capacity each, and shall be constructed and maintained in conformance with a nationally recognized fuel storage and dispensing standard for the fuel being transported (e.g., U.S. Department of Transportation (DOT), United Nations (UN), National Fire Protection Association (NFPA), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Underwriter Laboratories (UL), Factory Mutual (FM), or U.S. Department of Defense (military) specifications (U.S. Mil. Spec.).
(4) Highway fusees, and liquid-burning emergency flares and/or red electric lanterns that conform to 49 CFR 393.95(f)(1), being transported expressly for highway warning purposes or as authorized for use pursuant to Vehicle Code Section 25301, unless otherwise prohibited by this Division or the Vehicle Code. This exception does not apply to broken fusees or fusees with missing protective caps.
(5) Fire extinguishers being transported expressly for in-transit emergency fire suppression purposes.
(6) Flammable or combustible distillate fuels transported in a single compartmentalized or noncompartmentalized metal cargo tank of 450 liters (119 gallons) or less total volumetric capacity, or both flammable and combustible distillate fuels transported in a single compartmentalized metal cargo tank of 450 liters (119 gallons) or less total volumetric capacity, by a private carrier and used to service other vehicles or equipment. The tank shall be in compliance with 49 CFR 173.24(b), and the tank, its components, and attached equipment must be secured to the vehicle and protected from damage or leakage of the lading should the vehicle overturn.
(f) Consumer Commodity Exception. The outside packaging and marking exception contained in 49 CFR 173.156 for hazardous materials authorized to be renamed "Consumer commodity" and reclassified ORM-D is extended to transportation by a private carrier from either a distribution center or retail outlet, or subsequent transportation for incidental use.
(g) Shipping Paper Exception. Section 1161, pertaining to shipping papers, shall not apply to a private carrier transporting any one of the following:
(1) Not more than 227 kilograms (500 pounds) aggregate gross weight (including the packaging) of hazardous materials other than:
(A) Any materials listed in 49 CFR 172.504(a), Table I, or
(B) Any materials for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label is required, or
(C) Any materials which require a Uniform Hazardous Waste Manifest pursuant to Section 25160 of the Health and Safety Code.
(2) Anhydrous ammonia in a single ydrous ammonia in a single cargo tank of not more than 4,524 liters (1,200 gallons) capacity transported not more than 30 miles from the filling point or in a trailer-mounted cargo tank in compliance with Section 1163(f)(1) of this article.
(3) Not more than 1 cylinder each of argon, oxygen, carbon dioxide, acetylene, helium, or nitrogen if the gross weight is less than 454 kilograms (1,001 pounds), provided containers and labeling comply with Sections 1161.2 and 1163 of this article.
(h) Storage Tanks. Storage tanks used only for off-highway storage and dispensing of flammable and/or combustible distillate fuels and which contain only residue are excepted from specified provisions of this article as indicated below, when transported in accordance with the following:
(1) Except for subsection (d), Section 1163 shall not apply to portable or stationary above ground storage tanks when in conformance with 49 CFR 173.24(b).
(2) Except for Section 1163(d), this article shall not apply to underground storage tanks when prepared for shipment in accordance with American Petroleum Institute Recommended Practice 1604, Second Edition, December 1987. (This publication may be obtained from the American Petroleum Institute, 1220 L Street, Northwest, Washington D.C. 20005.)
(3) For purposes of this subsection, "residue" means the material remaining after the tank has been unloaded to the maximum extent practicable via the normal discharge opening. In no event shall the tank contain more than 454 liters (120 gallons) of any liquid.
(4) Storage tanks shall not be transported on the same vehicle with any other hazardous materials.
(i) Traffic Paint Applicator. Traffic paint applicator systems containing flammable paint are excepted from the provisions of Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b).
(j) Mobile Meter Calibration Units. Mobile meter calibration units containing flammable distillate fuel residue or liquefied petroleum gas residue are excepted from the provisions of Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b) and emptied to the maximum extent practicable via the normal discharge opening.
(k) Self Contained Breathing Apparatus. Compressed air breathing apparatus transported solely for in-transit emergencies or for the safety of persons conducting loading or unloading operations are not subject to this article, except Sections 1161.2, 1161.3 and 1163, when the compressed gas cylinders are mounted or otherwise secured to the vehicle during transit to prevent sliding, falling, tipping, rolling, or damage to the valving should the vehicle overturn.
(l) Breathing Air Recharge Units. Air cylinders or tanks operating under a Division of Occupational Safety and Health, Department of Industrial Relations operating permit and used to fill/recharge breathing air cylinders are not subject to Section 1163, except subsection (d), when in conformance with 49 CFR 173.24(b).
(m) Emergency Response Information. Section 1161.6 shall only apply to hazardous materials shipments for which the display of placards is required and/or for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label is required pursuant to this article; and to shipments that would have otherwise been required to be placarded and/or labeled, notwithstanding compliance with an applicable U.S. Department of Transportation placarding and/or labeling exemption issued pursuant to 49 CFR Part 107, Subpart B.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1160.2. U.S. Department of Transportation Regulations.
(a) Incorporation by Reference. This article incorporates by reference portions of 49 CFR Part 107, Parts 171 through 180, and Part 393 to the extent specified in this article. Unless otherwise specified, all references to 49 CFR in this article are those regulations published on October 1, 1999.
(b) Federal Preeminence. Provisions of the Hazardous Materials Transportation Act recodified into Title 49 U.S. Code (49 U.S.C.) Section 5125, preempt any requirements of any state or political subdivision thereof inconsistent with the act or federal Hazardous Material Regulations relating to hazardous materials transported in commerce. The U.S. Department of Transportation (DOT), Research and Special Programs Administration (RSPA) may except any material from being classed as hazardous, or change any classification or transportation requirement in accordance with authority granted that agency, and such action shall govern the application of this article. In lieu of compliance with the provisions of this article, hazardous materials shipment preparation and transportation in compliance with a later promulgated RSPA requirement, exemption or exception than that adopted by reference in this article is permitted. This includes compliance with a later promulgated requirement prior to its effective date during any period of time where earlier compliance is authorized in the applicable final rulemaking.
(c) Limited Applications. 49 CFR Parts 174 and 179 shall apply only as referenced in 49 CFR Parts 173, 177, and 178.
(d) Motor Carrier Safety Requirements. Provisions of 49 CFR Part 393 applies as incorporated in cargo tank specifications referenced in 49 CFR Part 178, but 49 CFR Parts 390 through 397 shall not otherwise apply to transportation subject to this article.
(e) Referenced Regulations. Copies of 49 CFR, can be obtained from:
SUPERINTENDENT OF DOCUMENTS
U.S. GOVERNMENT PRINTING OFFICE
PO BOX 371954
PITTSBURG, PA 15250-7954
(202) 512-1800
Internet purchases: http://www.access.gpo.gov/su_docs/sale.html
Copies of 49 CFR Part 107 and Parts 171 through 180 may also be obtained from:
BUREAU OF EXPLOSIVES PUBLICATIONS
PO BOX 866
ANNAPOLIS, MD 21404-0688
(412) 741-1096
Copies of 49 CFR Part 107, Parts 171 through 180, and Parts 390 through 397 may also be obtained from:
AMERICAN TRUCKING ASSOCIATIONS, INC.
SAFETY DEPARTMENT
2200 MILL ROAD
ALEXANDRIA, VA 22314-4677
(800) 282-5463 or (703) 838-1847
Internet Access. Title 49 CFR may also be accessed through the internet at the National Archives and Records Administration's web site at "http:// www.access.gpo.gov/nara/cfr/" or through the U.S. Department of Transportation, Office of Hazardous Materials Safety's web site at "http://hazmat.dot.gov/".
Note: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference: Sections 2402.7 and 34501, Vehicle Code.
s 13-1160.3. Definitions.
(a) The meanings of terms contained in this article and not defined in this article are the same as those contained in 49 CFR 171.8.
(b) "Carrier" means any person who transports hazardous materials subject to this article.
(c) "Department" means Department of the California Highway Patrol.
(d) "Hazardous material" means a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in 49 CFR 171.8, materials designated as hazardous under the provisions of 49 CFR Sections 172.101 and 172.102, and materials that meet the defining criteria for hazard classes and divisions in 49 CFR Part 173.
(e) "Private carrier" means any carrier who transports cargo for use in his/her occupation or for other purpose without reward or compensation.
(f) "Shipper" means any person who prepares or offers hazardous materials for transportation. A shipper who also transports its own material is both a shipper and a carrier.
Note: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1160.4. General Provisions.
(a) Applicability. Shippers shall not offer and carriers shall not transport any shipment of a hazardous material not prepared for transportation in accordance with this Article.
(b) References to Statutes and Regulations. Any reference to provisions of these regulations or to statutes shall apply to all amendments and additions made to such regulatory or statutory provisions.
(c) Alternate Method of Compliance. Upon a finding that an alternate method of compliance provides protection to the public equal to or exceeding that afforded by compliance with provisions of this article, the department may authorize use of such alternate method subject to the following:
(1) Any alternate method of compliance shall be permitted only after application has been made to and written authorization obtained from the department.
(2) Written authorization shall be carried in each transporting vehicle or combination.
(3) No authorization for an alternate method of compliance shall be accorded any highway carrier subject to federal jurisdiction, nor shall such authorization apply to the preparation of hazardous materials for interstate transportation.
(4) No authorization for an alternate method of compliance shall be granted when a special permit or exemption has been issued by the U.S. Department of Transportation, Associate Administrator for Hazardous Materials Safety authorizing the requested alternate method.
(d) Special Permits and Exemptions. Compliance with requirements of special permits and exemptions issued by the U.S. Department of Transportation, Associate Administrator for Hazardous Materials Safety in accordance with 49 CFR Part 107, shall be deemed in compliance with equivalent provisions of this article.
(e) Inspection by Department. Carriers and shippers shall afford duly authorized employees of the department reasonable opportunity to enter terminals and other locations to determine compliance with the provisions of this article.
(f) Unsafe Transportation Prohibited. Authorized employees of the department shall declare and mark any vehicle out-of-service when the condition, securement, preparation of lading, filling, closures, or protective devices on cylinders and tanks would be hazardous to life and property during transportation.
(1) No carrier shall require or permit any person to operate nor shall any person operate any vehicle marked out-of-service until all necessary corrections have been completed.
(2) No person shall remove any out-of-service notice from any vehicle prior to the completion of all corrections required by the notice.
(g) Hazardous Materials Transportation License.
(1) Fees. The fee for a new license is one hundred dollars ($100) and the fee for a renewal license is seventy-five dollars ($75).
(2) Original License. The original valid license shall be kept at the licensee's place of business as indicated on the license and presented to any duly authorized employee of the Department upon request.
(3) Copy in each vehicle. A legible copy shall be carried in any vehicle or combination of vehicles transporting hazardous materials and shall be presented to any traffic officer upon request.
(4) Temporary License. Carriers who have paid the license fee, may use either of the following as a temporary license for not more than 60 days when carried in the vehicle:
(A) A copy of the carrier's completed application for license to transport hazardous materials and a copy of the check or money order indicating payment of fee.
(B) A telegraphic money order receipt, or copy thereof, made payable to the California Highway Patrol, indicating payment of fee for license to transport hazardous materials.
(5) Exceptions. Federal, State, county, city, and city and county agencies, and other political subdivisions of the State including, but not limited to, school, irrigation, and fire protection districts are exempt from the licensing requirements of Vehicle Code Section 32000.5.
Internet Access. The California Highway Patrol form CHP 361M (Rev. 01-00), Application for Hazardous Materials Transportation License, instructions for completing the application and related documents are available on the Internet at http://www.chp.ca.gov/html/forms.html.
Note: Authority cited: Sections 32002 and 34501, Vehicle Code. Reference: Sections 2502, 32000.5, 32001 and 34501, Vehicle Code.
s 13-1160.5. Hazard Classification and Shipping Names.
(a) Shippers and carriers shall comply with the shipping paper requirements contained in 49 CFR, Part 172, Subpart C and 49 CFR 177.817.
(b) Retention. Copies of shipping papers shall be retained by shippers and carriers for at least six months and shall be subject to inspection by any duly authorized employee of the department.
Note: Authority and reference cited: Sections 2402.7 and 34501, Vehicle Code.
s 13-1161. Shipping Papers.
(a) Applicability. Shippers and carriers shall comply with the shipping paper requirements contained in 49 CFR Part 172, Subpart C and 49 CFR 177.817.
(b) Retention - Shippers and carriers subject to federal jurisdiction. Shippers and carriers of hazardous materials transported in commerce shall comply with the one year shipping paper retention requirements contained in 49 U.S.C. Section 5110 and shall make them available for inspection by any duly authorized employee of the department.
(c) Retention - Shippers and carriers not subject to federal jurisdiction. Shippers and carriers not subject to federal jurisdiction shall retain copies of shipping papers for at least six months and shall make them available for inspection by any duly authorized employee of the department.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1161.1. Shipping Certification.
(a) Shippers and carriers shall comply with the labeling requirements contained in 49 CFR, Part 172, Subpart E (commencing with Section 172.400).
(b) As specified in 49 CFR 172.401(b), no labels shall be used when they may be confused by reason of shape, size, or color with the hazard labels prescribed by this section unless authorized by 49 CFR 172.401(c).
(c) As specified in 49 CFR 172.401(a), hazard labels prescribed by this section shall not be affixed to packagings which do not contain hazardous materials or when the label does not represent the hazard of the hazardous material in the package, unless authorized by 49 CFR 172.401(c).
(d) All labels and decals on packages shall be replaced before they become illegible.
Note: Authority and reference cited: Section 34501, Vehicle Code.
s 13-1161.2. Hazard Labels.
(a) Applicability. Shippers and carriers shall comply with the labeling requirements contained in 49 CFR Part 172, Subpart E (commencing with Section 172.400).
(b) As specified in 49 CFR 172.401(b), no labels shall be used when they may be confused by reason of shape, size, or color with the hazard labels prescribed by this section unless authorized by 49 CFR 172.401(c).
(c) As specified in 49 CFR 172.401(a), hazard labels prescribed by this section shall not be affixed to packagings which do not contain hazardous materials or when the label does not represent the hazard of the hazardous material in the package, unless authorized by 49 CFR 172.401(c).
(d) All labels and decals on packages shall be replaced before they become illegible.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1161.3. Marking.
(a) Applicability. Shippers and carriers shall comply with the marking requirements contained in 49 CFR Part 172, Subpart D (commencing with Section 172.300), and 49 CFR 177.823.
(b) Hazardous materials proper shipping names and identification numbers shall not be marked on packagings when prohibited by 49 CFR 172.303.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1161.6. Emergency Response Information.
Shippers and carriers shall comply with the applicable emergency response information requirements contained in 49 CFR Part 172, Subpart G (commencing with Section 172.600).
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1161.7. Hazardous Materials Training.
(a) Applicability. Carriers and shippers who are directly subject to federal jurisdiction pursuant to 49 CFR 171.1 are subject to the following:
(1) Shippers and carriers shall comply with the hazmat employee training requirements contained in 49 CFR Part 172, Subpart H (commencing with Section 172.700).
(2) Shippers shall also comply with the training provisions contained in 49 CFR 173.1.
(3) Carriers shall also comply with the training provisions contained in 49 CFR Sections 177.800 and 177.816.
(b) Shippers and carriers not directly subject to federal jurisdiction shall thoroughly instruct each of their officers, agents, and employees having any responsibility for preparing hazardous materials for transportation, or for transporting hazardous materials as to applicable requirements of Article 3 governing the performance of those individuals' responsibilities.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1162. Placards.
(a) Applicability. Shippers and carriers shall comply with the placarding requirements contained in 49 CFR Part 172, Subpart F (commencing with Section 172.500) and 49 CFR 177.823.
(b) Exclusions. This section does not apply to the transportation of small quantities of explosives as provided by Vehicle Code Section 27903.
(c) Placards shall not be affixed to a packaging, freight container, motor vehicle, etc. when prohibited by 49 CFR 172.502(a).
(d) Placards may be affixed even when not required by this section when displayed in accordance with 49 CFR 172.502(c).
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1162.1. Vehicle Safety Equipment.
(a) Fire Extinguishers.
(1) Every three-axle motortruck or combination of vehicles shall be equipped with one fire extinguisher with at least a 4B:C rating, except as provided in (2) or (3).
(2) Every motor vehicle shall be equipped with one fire extinguisher rated at least 10B:C if the motor vehicle, or any vehicle in a combination of which it is a part, transports cargo requiring placards (Section 1162). Two fire extinguishers with a combined rating of 10B:C may be used, provided the rating of neither unit is less than 4B:C.
(3) Every tank vehicle or combination of tank vehicles used to transport flammable or combustible liquids shall be equipped with at least one fire extinguisher having a rating of not less than 20B:C. A fire extinguisher rated 12B:C and in service prior to July 1, 1970, may continue in use if it is in good working order. Fire extinguishers required by this subsection shall be serviced annually in accordance with Title 19, California Code of Regulations Chapter 1, Subchapter 3, commencing with Section 550.
(4) Each fire extinguisher shall have been rated and labeled by one of the following test labs approved by the State Fire Marshal to test and label portable fire extinguishers for sale in California.
(A) Underwriter's Laboratories, Northbrook, Illinois. All sizes and classifications.
(B) Factory Mutual Research Corporation, Norwood, Massachusetts. Sizes 10B:C, 1A 10B:C, 2A 40B:C, 3A 40B:C, and 4A 80B:C fire extinguishers filled with Halon 1211 or Halon 1301.
(5) Fire extinguishers using any carbon tetrachloride, chlorobromomethane, or methyl bromide as extinguishing agents shall not be carried for use in or about any vehicle.
(6) Each fire extinguisher shall be securely mounted on a motor vehicle or trailer in a conspicuous place or in a clearly marked compartment and readily accessible.
(7) Fire extinguishers shall be maintained in efficient operating condition and shall be equipped with means for determining if they are fully charged.
(b) Emergency Warning Devices.
(1) Every vehicle or combination of vehicles transporting Division 1.1, 1.2 or 1.3 explosives shall carry 3 red emergency reflectors.
(2) Liquid burning flares, fusees, oil lanterns, or any signal produced by a flame shall not be carried on any vehicle or vehicle combination transporting Division 1.1, 1.2 or 1.3 (explosives) hazardous materials; or any cargo tank vehicle or in any other vehicle operated in combination with a cargo tank vehicle and used for the transportation of Division 2.1 (flammable gas), Class 3 (flammable liquid) or combustible liquid materials whether loaded or empty.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1163. Shipment Preparation.
Shippers shall not offer and carriers shall not transport any of the following:
(a) Materials designated as "Forbidden" by 49 CFR, 172.101.
(b) Any package containing any materials or combinations of materials that is forbidden to be tendered for transportation by the provisions of 49 CFR 173.21.
(c) Hazardous materials prepared or offered for shipment in a manner specifically prohibited or restricted by 49 CFR, Part 173 or 177.
Note: Authority and reference cited: Sections 34019 and 34501, Vehicle Code.
s 13-1163.1. Prohibited Transportation.
Shippers shall not offer and carriers shall not transport any of the following:
(a) Materials designated as "Forbidden" by 49 CFR 172.101.
(b) Any package containing any materials or combinations of materials that is forbidden to be tendered for transportation by the provisions of 49 CFR 173.21.
(c) Hazardous materials prepared or offered for shipment in a manner specifically prohibited or restricted by 49 CFR Part 173 or 177.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1164. Vehicle Loading.
Note: Authority and reference cited: Section 34501, Vehicle Code.
s 13-1165. [Reserved].
(a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR, Part 171 (e.g., all interstate carriers, and intrastate carriers transporting hazardous wastes, hazardous substances, flammable cryogenics or marine pollutants) shall comply with the detailed written incident reporting requirements contained in 49 CFR 171.16.
(b) Carriers not directly subject to federal jurisdiction shall report incidents involving hazardous materials or hazardous wastes during transportation,loading or unloading, or temporary storage on carrier premises as follows:
(1) Reports Required. A written report is required of incidents that result in:
(A) Any spill or discharge of hazardous materials or hazardous wastes from any package container, or tanker
(B) Fatality, injury, or hospitalization of any person due to fire, explosion of, or exposure to any hazardous material or hazardous wasters
(C) Continuing danger to life, health or natural resources at the scene of the incident
(D) Estimated property damage exceeding $50,000
(2) Report Content and Routing. The written report shall, within 30 days of the date of incident discovery, be submitted to the Department of the California Highway Patrol, Hazardous Materials Section, Post Office Box 942898, Sacramento, CA 94298-0001. The report shall include time and date of occurrence, injuries, property damage, continuing danger to life at the scene of the incident, identification of the commodity and its classification, and other pertinent details. The report may be prepared utilizing DOT Form F5800.1, Hazardous Materials Incident Report. A guide document for assisting in the completion of DOT Form F5800.1 may be obtained from the Office of Hazardous Materials Transportation, DHM-51, U.S. Department of Transportation, Washington DC 20590-0001.
(3) Report Retention. A copy of each hazardous materials or hazardous waste spill report shall be retained by the carrier for at least six months, and shall be subject to inspection by duly authorized employees of the department.
(4) Exceptions. Except for incidents required to be reported under 49 CFR 171.15(a), and incidents involving the transportation of hazardous wastes, the requirements of subsection (b) do not apply to incidents involving the spill or discharge of materials being transported under the following proper shipping names:
(A) Consumer commodity
(B) Battery, electric storage, wet, filled with acid or alkali
(C) Paint and paint related material when shipped in packagings of five gallons or less.
Note: Authority cited: Section 32102, Vehicle Code. Reference: Section 32107, Vehicle Code.
s 13-1166. Reporting of Incidents Involving Hazardous Materials or Hazardous Wastes.
(a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR Part 171 shall comply with the detailed written incident reporting requirements contained in 49 CFR 171.16.
(b) Carriers not directly subject to federal jurisdiction shall report incidents involving hazardous materials or hazardous wastes during transportation,loading or unloading, or temporary storage on carrier premises as follows:
(1) Reports Required. A written report is required of incidents that result in:
(A) Any spill or discharge of hazardous materials or hazardous wastes from any package container, or tanker
(B) Fatality, injury, or hospitalization of any person due to fire, explosion of, or exposure to any hazardous material or hazardous wastes.
(C) Continuing danger to life, health or natural resources at the scene of the incident.
(D) Estimated property damage exceeding $50,000.
(2) Report Content and Routing. The written report shall, within 30 days of the date of incident discovery, be submitted to the Department of the California Highway Patrol, Commercial Vehicle Section, Post Office Box 942898, Sacramento, CA 94298-0001. The report shall include time and date of occurrence, injuries, property damage, continuing danger to life at the scene of the incident, identification of the commodity and its classification, and other pertinent details. The report may be prepared utilizing DOT Form F5800.1 (Rev. 6/89), Hazardous Materials Incident Report.
(3) Report Retention. A copy of each hazardous materials or hazardous waste spill report shall be retained by the carrier for at least six months, and shall be subject to inspection by duly authorized employees of the department.
(4) Exceptions. The requirements of subsection (b) do not apply to incidents involving the spill or discharge of materials:
(A) Transported under the following proper shipping names:
(i) Consumer commodity
(ii) Battery, electric storage , wet, filled with acid or alkali
(iii) Paint and paint related material when shipped in packagings of five gallons or less.
(B) Prepared and transported as a limited quantity shipment in accordance with this article.
(5) The exceptions to incident reporting provided in paragraph (4) of this subsection do not apply to:
(A) Materials in Packing Group I other than consumer commodities.
(B) Incidents involving the transportation of hazardous waste, or:
(C) Incidents where any of the following occur as a direct result of hazardous materials release or threatened release:
(i) A person is killed; or
(ii) A person receives injuries requiring his or her hospitalization; or
(iii) Estimated carrier or other property damage exceeds $50,000; or
(iv) An evacuation of the general public occurs lasting one or more hours; or
(v) One or more major transportation arteries or facilities are closed or shut down for one hour or more.
(c) The DOT Hazardous Materials Incident Report form F5800.1 (Rev. 6/89), a guide for completing the report and text of the reporting requirements are available at the following internet sites respectively: http:// hazmat.dot.gov/5800.pdf, http://hazmat.dot.gov/5800guid.pdf, and http:// hazmat.dot.gov/spills.htm#171.16. Alternatively, the form F5800.1 and the guide document for assisting in the completion of DOT Form F5800.1 may be obtained from the Office of Hazardous Materials Transportation, DHM-51, U.S. Department of Transportation, Washington, DC 20590-0001.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1167. Delivery of Shipments; Action in Event of Accidents.
The delivery of hazardous materials shipments and required driver action in the event of accidents shall be governed by provisions of 49 CFR Part 177, Subpart D (commencing with Section 177.854). Notwithstanding the provisions of Section 1163(d), a leaking packaging which develops or is discovered subsequent to the commencement of transportation may be transported in accordance with 49 CFR Part 177, Subpart D.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.
s 13-1168. [Reserved].
Note: Authority and reference cited: Section 34501, Vehicle Code.
s 13-1170. Scope.
Note: Authority and reference cited: Section 2560, Vehicle Code.
s 13-1171. Definitions.
Note: Authority and reference cited: Section 2560, Vehicle Code.
s 13-1172. Fees.
Note: Authority and reference cited: Section 2560, Vehicle Code.
s 13-1173. Reinspections.
Note: Authority and reference cited: Section 2560, Vehicle Code.
s 13-1176. Hazardous Waste Training.
Note: Authority and reference cited: Section 25168, Health and Safety Code.
s 13-1178. Hazardous Materials Training.
Note: Authority and reference cited: Section 34501, Vehicle Code.
s 13-1190. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000, 34040-34045, 34048 and 34049, Vehicle Code.
s 13-1190.1. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000, 34040-34045, 34048 and 34049, Vehicle Code.
s 13-1191. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000, 34020, 34045 and 34048, Vehicle Code.
s 13-1192. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000, 34060 and 34060.5, Vehicle Code.
s 13-1193. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000, 34043, 34044, 34060 and 34060.5, Vehicle Code.
s 13-1194. [Reserved].
Note: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000 and 34044, Vehicle Code.
s 13-1195. [Reserved].
Note: Authority and reference cited: Section 34019, Vehicle Code.
s 13-1196. [Reserved].
Note: Authority and reference cited: Section 34019, Vehicle Code.
s 13-1197. [Reserved].
Note: Authority and reference cited: Section 34019, Vehicle Code.
s 13-1200. Scope.
(a) Applicability. Unless otherwise indicated within a specific section, the provisions of this chapter shall apply to farm labor vehicles and the vehicles listed in Vehicle Code Sections 34500 and 34500.1 and their operation. (continued)