Bill Text: CA AB463 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 463 (Prior Session Legislation)

Bill Title: Vehicles: hazardous materials.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 111, Statutes of 2009. [AB463 Detail]

Download: California-2009-AB463-Chaptered.html

BILL NUMBER: AB 463	CHAPTERED
	BILL TEXT

	CHAPTER  111
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JULY 9, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 24, 2009

   An act to amend Section 32000.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 463, Tran. Vehicles: hazardous materials.
   Existing law generally requires a motor carrier who directs the
transportation of an explosive and a motor carrier who directs the
transportation of a hazardous material, who is required to display
specified placards, and a motor carrier who transports for a fee more
than 500 pounds of a certain type of hazardous materials, to be
licensed in accordance with the Vehicle Code, unless that code or
regulations adopted pursuant to that code specifically exempt the
motor carrier from the licensing requirements. Existing law prohibits
the Department of the California Highway Patrol from issuing a
license to transport hazardous materials to a motor carrier unless
each terminal from which hazardous materials carrying vehicles are
operated is in compliance with the Biennial Inspection of Terminals
Program and is currently rated satisfactory. Existing law requires
the department to adopt rules and regulations that provide for a
temporary license to transport hazardous materials for motor carriers
who, within the previous 3 years, have not been issued an
unsatisfactory rating for specified inspections.
   This bill would provide that those provisions do not prevent the
department from issuing a new or initial license to transport
hazardous materials to a motor carrier that applies for a license to
transport hazardous materials and that, within the previous 3 years,
has been issued an unsatisfactory rating as a result of specified
inspections, if the motor carrier has corrected the unsatisfactory
rating before applying for the license to transport hazardous
materials.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32000.5 of the Vehicle Code is amended to read:

   32000.5.  (a) A motor carrier who directs the transportation of an
explosive and a motor carrier who directs the transportation of a
hazardous material, who is required to display placards pursuant to
Section 27903, and a motor carrier who transports for a fee in excess
of 500 pounds of hazardous materials of the type requiring placards
pursuant to Section 27903, shall be licensed in accordance with this
code, unless specifically exempted by this code or regulations
adopted pursuant to this code. This license shall be available for
examination and shall be displayed in accordance with the regulations
adopted by the commissioner.
   (b) (1) Except as provided in Section 32001, this division shall
not apply to a person hauling only hazardous waste, as defined in
Section 25115 or 25117 of the Health and Safety Code, and who is
registered pursuant to subdivision (a) of Section 25163 of the Health
and Safety Code or who is exempt from that registration pursuant to
subdivision (b) of that section.
   (2) A motor carrier that is transporting a hazardous waste and is
required to display placards pursuant to Section 27903 shall comply
with all provisions of Section 32001 except paragraph (3) of
subdivision (c) of that section.
   (c) This division does not apply to implements of husbandry, as
defined in Section 36000.
   (d) This division does not apply to the hauling of division 1.3
explosives classified as special fireworks or to division 1.4
explosives classified as common fireworks by the United States
Department of Transportation if those fireworks are transported by a
motor carrier under the authority of, and in conformance with, a
license issued to the motor carrier by the State Fire Marshal
pursuant to Part 2 (commencing with Section 12500) of Division 11 of
the Health and Safety Code. In that case, a copy of the license shall
be carried in the vehicle and presented to a peace officer upon
request.
   (e) (1) The department shall not issue a license to transport
hazardous materials to a motor carrier unless each terminal from
which hazardous materials carrying vehicles are operated is in
compliance with Section 34501.12 and is currently rated satisfactory.

   (2) The department shall adopt rules and regulations that provide
for a temporary license to transport hazardous materials for a
carrier who, within the previous three years, has not been issued an
unsatisfactory rating as a result of an inspection conducted pursuant
to Section 34501, 34501.12, or 34520.
   (3) It is the intent of the Legislature that a carrier's license
to transport hazardous materials should not be unreasonably hindered
as a result of the department's verification and issuance process.
   (f) This section does not prevent the department from issuing a
new or initial license to transport hazardous materials to a motor
carrier that applies for a license to transport hazardous materials
and that, within the previous three years, has been issued an
unsatisfactory rating as a result of an inspection conducted pursuant
to Section 34501, 34501.12, or 34520, if the motor carrier has
corrected the unsatisfactory rating before applying for the license
to transport hazardous materials.