Vehicle Code — Part 12 | VEH — United States — California law | Esheria

Vehicle Code

Part 12 of 19 · provisions 2,201–2,400

This section says the act is named the Vehicle Code.

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DMV fee collection DMV notices DMV records DMV reporting DUI procedure DUI program DUI sentencing LPR data retention MSRP Motor vehicle theft prevention Parking lots Purple Heart recipients U-turns Vehicle parking abandoned vehicle abatement abandoned vehicle disposition abandoned vehicle procedures abandoned vehicles abandoned vessel handling ability to pay access rights access routes accessibility accessible parking +3,493 more

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The definitions in this code apply when construing the code unless the provision or context requires otherwise. “Ability to respond in damages” means financial responsibility. Police officers must report stolen-vehicle and lost-or-stolen plate information to the Department of Justice system, and the reporting agency must notify the reporting party when a vehicle is recovered. A person must not make or file a false or fraudulent vehicle-theft report with any law enforcement agency, if done with intent to deceive. A vehicle’s owner or legal owner may report theft or embezzlement to the California Highway Patrol, and must report recovery after making that notice.

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Provisions of Vehicle Code

Showing 200 of 3,721

  1. 3011.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    If a board vacancy exists, the remaining members still have power to perform the board’s duties and exercise its powers, as long as they make a quorum.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3011. A vacancy on the board shall not impair the power of the remaining members to perform all duties and exercise all powers of the board, providing the members remaining constitute a quorum. (Added by Stats. 1967, Ch. 1397.)
  2. 3012.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    Board members are entitled to a $100 per diem for each day spent on official duties, plus reimbursement for necessary travel and other expenses.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3012. Each member of the board shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and he or she shall be reimbursed for traveling and other expenses necessarily incurred in the performance of his or her duties. The per diem and reimbursement shall be wholly defrayed from funds that shall be provided in the annual budget of the department. (Amended by Stats. 2013, Ch. 512, Sec. 4. (SB 155) Effective January 1, 2014.)
  3. 3013.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    The board must adopt a seal or similar device and use it to authenticate papers and documents under its control.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3013. The board shall adopt a seal and such other device as the members may desire thereon, by which they shall authenticate all papers and documents under their control. Copies of all records and papers in the board’s office shall be received in evidence in all cases when certified under the hand and seal of the board, equally and with like effect as the originals. (Added by Stats. 1967, Ch. 1397.)
  4. 3014.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    The board may appoint an executive director, and the department must provide the board with needed personnel and support. The board may also contract with the department or another state agency for office space, equipment, supplies, and services.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3014. The board may appoint an executive director, who shall be exempt from civil service requirements, and who shall devote as much time as may be necessary to discharge the functions of the board as herein provided. The department shall provide the board with the necessary personnel, office space, equipment, supplies, and services that, in the opinion of the board, may be necessary to administer this chapter. However, the board may contract with the department or another state agency for office space, equipment, supplies, and services, as determined by the board to be appropriate, for the administration of this chapter. (Amended by Stats. 2003, Ch. 451, Sec. 5. Effective January 1, 2004.)
  5. 3015.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    The department must secure adequate rooms for board meetings when needed.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3015. In addition to the office of the executive director in Sacramento, the department shall, as the need therefor occurs, secure adequate rooms for the meetings of the board in Los Angeles, San Francisco, Sacramento, or other locations in the state as may be required in the discretion of the board, to administer this chapter. (Amended by Stats. 2003, Ch. 451, Sec. 6. Effective January 1, 2004.)
  6. 3016.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. )

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    The board funds its activities through fees charged to new motor vehicle dealers and other licensees, and may also recover certain Section 472.5 costs by charging the Department of Consumer Affairs.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 1. Organization of Board [3000 - 3016] ( Article 1 added by Stats. 1967, Ch. 1397. ) ## 3016. (a) New motor vehicle dealers and other licensees under the jurisdiction of the board shall be charged fees sufficient to fully fund the activities of the board other than those conducted pursuant to Section 472.5 of the Business and Professions Code. The board may recover the direct cost of the activities required by Section 472.5 of the Business and Professions Code by charging the Department of Consumer Affairs a fee which shall be paid by the Department of Consumer Affairs with funds appropriated from the Certification Account in the Consumer Affairs Fund. All fees shall be deposited, and held separate from other moneys, in the Motor Vehicle Account in the State Transportation Fund, and shall not be transferred to the State Highway Account pursuant to Section 42273. (b) The fees shall be available, when appropriated, exclusively to fund the activities of the board. If, at the conclusion of any fiscal year, the amount of fees collected exceeds the amount of expenditures for this purpose during the fiscal year, the surplus shall be carried over into the succeeding fiscal year. (Amended by Stats. 1997, Ch. 17, Sec. 143. Effective January 1, 1998.)
  7. 303.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “driveaway-towaway operation.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 303. A “driveaway-towaway operation” is any operation in which any motor vehicle or combination of motor vehicles coupled together constitutes the commodity being transported, when one or more sets of wheels of any such motor vehicle or motor vehicles are on the roadway, and when one or more of such vehicles are being operated under a manufacturer's, dealer's, or transporter’s special plates. (Added by Stats. 1961, Ch. 1989.)
  8. 305.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “driver” as a person who drives or is in actual physical control of a vehicle.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 305. A “driver” is a person who drives or is in actual physical control of a vehicle. The term “driver” does not include the tillerman or other person who, in an auxiliary capacity, assists the driver in the steering or operation of any articulated firefighting apparatus. (Amended by Stats. 1971, Ch. 213.)
  9. 3050.2.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    The executive director may enforce subpoenas and discovery, and may seek court enforcement or impose discovery-related consequences when there is noncompliance without substantial justification.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3050.2. (a) Obedience to subpoenas issued to compel attendance of witnesses, or the production of books, records, papers, and other documents at the proceeding or hearing, may be enforced by application to the superior court as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (b) Compliance with discovery procedures authorized pursuant to subdivision (b) of Section 3050.1 may be enforced by application to the executive director of the board. The executive director may, at the direction of the board, upon a showing of failure to comply with authorized discovery without substantial justification for that failure, dismiss the protest or petition or suspend the proceedings pending compliance. The executive director may, at the direction of the board, upon a failure to comply with authorized discovery without substantial justification for that failure, require payment of costs incurred by the board, as well as attorney’s fees and costs of the party who successfully makes or opposes a motion to compel enforcement of discovery. Nothing in this section precludes the executive director from making application to the superior court to enforce obedience to subpoenas or compliance with other discovery procedures authorized pursuant to subdivision (b) of Section 3050.1. (Amended by Stats. 2003, Ch. 451, Sec. 8. Effective January 1, 2004.)
  10. 3050.3.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    Some witnesses must be paid attendance fees and mileage, and the payment source depends on who requested the subpoena.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3050.3. A witness, other than an officer or employee of the state or of a political subdivision of the state, who appears by order of the board or its executive director, shall receive for his or her attendance the same fees and the same mileage allowed by law to witnesses in civil cases. The amount shall be paid by the party at whose request the witness is subpoenaed. The mileage and fees, if any, of a witness subpoenaed by the board or its executive director, but not at the request of a party, shall be paid from the funds provided for the use of the board in the same manner that other expenses of the board are paid. (Amended by Stats. 2003, Ch. 451, Sec. 9. Effective January 1, 2004.)
  11. 3050.4.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    In a protest or petition before the board, the board or designated officials may order a mandatory settlement conference.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3050.4. In a protest or petition before the board, the board, its executive director, or an administrative law judge designated by the board or its executive director, may order a mandatory settlement conference. The failure of a party to appear, to be prepared, or to have authority to settle the matter may result in one or more of the following: (a) The board, its executive director, or an administrative law judge designated by the board or its executive director, may suspend all proceedings before the board in the matter until compliance. (b) The board, its executive director, or an administrative law judge designated by the board or its executive director, may dismiss the proceedings or any part thereof before the board with or without prejudice. (c) The board, its executive director, or an administrative law judge designated by the board or its executive director, may require all the board’s costs to be paid by the party at fault. (d) The board, its executive director, or an administrative law judge designated by the board or its executive director, may deem that the party at fault has abandoned the matter. (Amended by Stats. 2003, Ch. 451, Sec. 10. Effective January 1, 2004.)
  12. 3050.5.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    The board must establish a fee for the initial filing of any protest or petition under this chapter.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3050.5. Pursuant to Section 3016, the board shall establish a fee for the initial filing by any party in regard to any protest or petition filed pursuant to this chapter. (Amended by Stats. 2019, Ch. 796, Sec. 7. (AB 179) Effective January 1, 2020.)
  13. 3050.6.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    The board or its executive director may assess the board’s costs against the party that receives a continuance of a scheduled matter.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3050.6. The board or its executive director may, in the event of a granting of a continuance of a scheduled matter, assess costs of the board upon the party receiving the continuance. (Amended by Stats. 2003, Ch. 451, Sec. 11. Effective January 1, 2004.)
  14. 3051.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. )

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    This chapter excludes certain licensed persons, non-specified licensees, and several transaction types, but it generally applies to specified dealers, manufacturers, distributors, representatives, and applicants, subject to other chapter exceptions.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 2. Powers and Duties of Board [3050 - 3051] ( Article 2 added by Stats. 1967, Ch. 1397. ) ## 3051. This chapter does not apply to any person licensed as a transporter under Article 1 (commencing with Section 11700) or as a salesperson under Article 2 (commencing with Section 11800) of Chapter 4 of Division 5, or to any licensee who is not a new motor vehicle dealer, motor vehicle manufacturer, manufacturer branch, new motor vehicle distributor, distributor branch, or representative. This chapter does not apply to transactions involving “mobilehomes,” as defined in Section 18008 of the Health and Safety Code, “recreational vehicles,” as defined in subdivision (b) of Section 18010 of the Health and Safety Code, truck campers, “commercial coaches,” as defined in Section 18001.8 of the Health and Safety Code, or off-highway motor vehicles subject to identification, as defined in Section 38012, except off-highway motorcycles, as defined in Section 436, and all-terrain vehicles, as defined in Section 111. Except as otherwise provided in this chapter, this chapter applies to a new motor vehicle dealer, a dealer of new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, except a dealer who deals exclusively in truck campers, a vehicle manufacturer as defined in Section 672, a manufacturer branch as defined in Section 389, a distributor as defined in Section 296, a distributor branch as defined in Section 297, a representative as defined in Section 512, or an applicant therefor. (Amended by Stats. 2003, Ch. 703, Sec. 5. Effective January 1, 2004.)
  15. 3060.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    A franchisor generally cannot terminate, refuse to continue, modify, or replace a motor vehicle franchise unless it gives the required notice and the board process is satisfied.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3060. (a) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, no franchisor shall terminate or refuse to continue any existing franchise unless all of the following conditions are met: (1) The franchisee and the board have received written notice from the franchisor as follows: (A) Sixty days before the effective date thereof setting forth the specific grounds for termination or refusal to continue. (B) Fifteen days before the effective date thereof setting forth the specific grounds with respect to any of the following: (i) Transfer of any ownership or interest in the franchise without the consent of the franchisor, which consent shall not be unreasonably withheld. (ii) Misrepresentation by the franchisee in applying for the franchise. (iii) Insolvency of the franchisee, or filing of any petition by or against the franchisee under any bankruptcy or receivership law. (iv) Any unfair business practice after written warning thereof. (v) Failure of the motor vehicle dealer to conduct its customary sales and service operations during its customary hours of business for seven consecutive business days, giving rise to a good faith belief on the part of the franchisor that the motor vehicle dealer is in fact going out of business, except for circumstances beyond the direct control of the motor vehicle dealer or by order of the department. (C) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, one of the following statements, whichever is applicable: [To be inserted when a 60-day notice of termination is given.] “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the termination of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 30 calendar days after receiving this notice or within 30 days after the end of any appeal procedure provided by the franchisor or your protest right will be waived.” [To be inserted when a 15-day notice of termination is given.] “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the termination of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 10 calendar days after receiving this notice or within 10 days after the end of any appeal procedure provided by the franchisor or your protest right will be waived.” (2) Except as provided in Section 3050.7, the board finds that there is good cause for termination or refusal to continue, following a hearing called pursuant to Section 3066. The franchisee may file a protest with the board within 30 days after receiving a 60-day notice, satisfying the requirements of this section, or within 30 days after the end of any appeal procedure provided by the franchisor, or within 10 days after receiving a 15-day notice, satisfying the requirements of this section, or within 10 days after the end of any appeal procedure provided by the franchisor. When a protest is filed, the board shall advise the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3066, and that the franchisor may not terminate or refuse to continue until the board makes its findings. (3) The franchisor has received the written consent of the franchisee, or the appropriate period for filing a protest has elapsed. (b) (1) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, no franchisor shall modify or replace a franchise with a succeeding franchise if the modification or replacement would substantially affect the franchisee’s sales or service obligations or investment, unless the franchisor has first given the board and each affected franchisee written notice thereof at least 60 days in advance of the modification or replacement. Within 30 days of receipt of the notice, satisfying the requirement of this section, or within 30 days after the end of any appeal procedure provided by the franchisor, a franchisee may file a protest with the board and the modification or replacement does not become effective until there is a finding by the board that there is good cause for the modification or replacement. If, however, a replacement franchise is the successor franchise to an expiring or expired term franchise, the prior franchise shall continue in effect until resolution of the protest by the board. In the event of multiple protests, hearings shall be consolidated to expedite the disposition of the issue. (2) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement: “NOTICE TO DEALER: Your franchise agreement is being modified or replaced. If the modification or replacement will substantially affect your sales or service obligations or investment, you have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the proposed modification or replacement of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 30 calendar days of your receipt of this notice or within 30 days after the end of any appeal procedure provided by the franchisor or your protest rights will be waived.” (Amended by Stats. 1998, Ch. 662, Sec. 3. Effective January 1, 1999.)
  16. 3061.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    When deciding whether good cause exists to modify, replace, terminate, or refuse to continue a franchise, the board must consider the existing circumstances.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3061. In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following: (a) Amount of business transacted by the franchisee, as compared to the business available to the franchisee. (b) Investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise. (c) Permanency of the investment. (d) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted. (e) Whether the franchisee has adequate motor vehicle sales and service facilities, equipment, vehicle parts, and qualified service personnel to reasonably provide for the needs of the consumers for the motor vehicles handled by the franchisee and has been and is rendering adequate services to the public. (f) Whether the franchisee fails to fulfill the warranty obligations of the franchisor to be performed by the franchisee. (g) Extent of franchisee’s failure to comply with the terms of the franchise. (Amended by Stats. 1983, Ch. 142, Sec. 160.)
  17. 3062.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    A franchisor must give written notice before establishing or relocating certain motor vehicle dealerships or satellite warranty facilities, and a notified franchisee may protest within 20 days.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3062. (a) (1) Except as otherwise provided in subdivision (b), if a franchisor seeks to enter into a franchise establishing an additional motor vehicle dealership, or seeks to relocate an existing motor vehicle dealership, that has a relevant market area within which the same line-make is represented, the franchisor shall, in writing, first notify the board and each franchisee in that line-make in the relevant market area of the franchisor’s intention to establish an additional dealership or to relocate an existing dealership. Within 20 days of receiving the notice, satisfying the requirements of this section, or within 20 days after the end of an appeal procedure provided by the franchisor, a franchisee required to be given the notice may file with the board a protest to the proposed dealership establishment or relocation described in the franchisor’s notice. If, within this time, a franchisee files with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant an additional 10 days to file the protest. When a protest is filed, the board shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3066, and that the franchisor may not establish the proposed dealership or relocate the existing dealership until the board has held a hearing as provided in Section 3066, nor thereafter, if the board has determined that there is good cause for not permitting the establishment of the proposed dealership or relocation of the existing dealership. In the event of multiple protests, hearings may be consolidated to expedite the disposition of the issue. (2) If a franchisor seeks to enter into a franchise that authorizes a satellite warranty facility to be established at, or relocated to, a proposed location that is within two miles of a dealership of the same line-make, the franchisor shall first give notice in writing of the franchisor’s intention to establish or relocate a satellite warranty facility at the proposed location to the board and each franchisee operating a dealership of the same line-make within two miles of the proposed location. Within 20 days of receiving the notice satisfying the requirements of this section, or within 20 days after the end of an appeal procedure provided by the franchisor, a franchisee required to be given the notice may file with the board a protest to the establishing or relocating of the satellite warranty facility. If, within this time, a franchisee files with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant an additional 10 days to file the protest. When a protest is filed, the board shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3066, and that the franchisor may not establish or relocate the proposed satellite warranty facility until the board has held a hearing as provided in Section 3066, nor thereafter, if the board has determined that there is good cause for not permitting the satellite warranty facility. In the event of multiple protests, hearings may be consolidated to expedite the disposition of the issue. (3) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement: “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing on your protest under the terms of the California Vehicle Code if you oppose this action. You must file your protest with the board within 20 days of your receipt of this notice, or within 20 days after the end of any appeal procedure that is provided by us to you. If within this time you file with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant you an additional 10 days to file the protest.” (b) Subdivision (a) does not apply to either of the following: (1) The relocation of an existing dealership to a location that is both within the same city as, and within one mile from, the existing dealership location. (2) The establishment at a location that is both within the same city as, and within one-quarter mile from, the location of a dealership of the same line-make that has been out of operation for less than 90 days. (c) Subdivision (a) does not apply to a display of vehicles at a fair, exposition, or similar exhibit if actual sales are not made at the event and the display does not exceed 30 days. This subdivision may not be construed to prohibit a new vehicle dealer from establishing a branch office for the purpose of selling vehicles at the fair, exposition, or similar exhibit, even though the event is sponsored by a financial institution, as defined in Section 31041 of the Financial Code or by a financial institution and a licensed dealer. The establishment of these branch offices, however, shall be in accordance with subdivision (a) where applicable. (d) For the purposes of this section, the reopening of a dealership that has not been in operation for one year or more shall be deemed the establishment of an additional motor vehicle dealership. (e) As used in this section, the following definitions apply: (1) “Motor vehicle dealership” or “dealership” means an authorized facility at which a franchisee offers for sale or lease, displays for sale or lease, or sells or leases new motor vehicles. (2) “Satellite warranty facility” means a facility operated by a franchisee where authorized warranty repairs and service are performed and the offer for sale or lease, the display for sale or lease, or the sale or lease of new motor vehicles is not authorized to take place. (Amended by Stats. 2013, Ch. 512, Sec. 10. (SB 155) Effective January 1, 2014.)
  18. 3063.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    The board must consider the listed circumstances when deciding whether good cause exists to refuse a new franchise or relocate an existing dealership of the same line-make.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3063. In determining whether good cause has been established for not entering into a franchise or relocating an existing dealership of the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following: (a) Permanency of the investment. (b) Effect on the retail motor vehicle business and the consuming public in the relevant market area. (c) Whether it is injurious to the public welfare for an additional franchise to be established or an existing dealership to be relocated. (d) Whether the franchisees of the same line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area, which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel. (e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest. (f) For purposes of this section, the terms “motor vehicle dealership” and “dealership” shall have the same meaning as defined in Section 3062. (Amended by Stats. 2013, Ch. 512, Sec. 11. (SB 155) Effective January 1, 2014.)
  19. 3064.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    Franchisors must tell franchisees their delivery and preparation duties and file those duties and a compensation schedule with the board; franchisees must give purchasers a copy and certification when a vehicle is delivered.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3064. (a) Every franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations, which shall constitute the franchisee’s only responsibility for product liability between the franchisee and the franchisor but shall not in any way affect the franchisee’s responsibility for product liability between the purchaser and either the franchisee or the franchisor, and a schedule of compensation to be paid to franchisees for the work and services they shall be required to perform in connection with those delivery and preparation obligations shall be filed with the board by franchisors, and shall constitute the compensation as set forth on the schedule. The schedule of compensation shall be reasonable, with the reasonableness thereof being subject to the approval of the board, if a franchisee files a notice of protest with the board. In determining the reasonableness of the schedules, the board shall consider all relevant circumstances, including, but not limited to, the time required to perform each function that the dealer is obligated to perform and the appropriate labor rate. (b) Upon delivery of the vehicle, the franchisee shall give a copy of the delivery and preparation obligations to the purchaser and a written certification that the franchisee has fulfilled these obligations. (Amended by Stats. 2013, Ch. 512, Sec. 12. (SB 155) Effective January 1, 2014.)
  20. 3065.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    Franchisors must fairly pay warranty claims, file their reimbursement schedule with the board, and follow strict rules for claim review, notice, appeals, audits, and chargebacks.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065. (a) Every franchisor shall properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and parts used to satisfy the warranty obligations of the franchisor, including, but not limited to, diagnostics, repair, and servicing and shall file a copy of its warranty reimbursement schedule with the board. The warranty reimbursement schedule shall be reasonable with respect to the time and compensation allowed to the franchisee for the warranty diagnostics, repair, servicing, and all other conditions of the obligation, including costs directly associated with the disposal of hazardous materials that are associated with a warranty repair. (1) The franchisor shall use time allowances for the diagnosis and performance of work and service that are reasonable and adequate for a qualified technician to perform the work or services. A franchisor shall not unreasonably deny a written request submitted by a franchisee for modification of a franchisor’s uniform time allowance for a specific warranty repair, or a request submitted by a franchisee for an additional time allowance for either diagnostic or repair work on a specific vehicle covered under warranty, provided the request includes any information and documentation reasonably required by the franchisor to assess the merits of the franchisee’s request. (2) A franchisor shall not replace, modify, or supplement the warranty reimbursement schedule to impose a fixed percentage or other reduction in the time or compensation allowed to the franchisee for warranty repairs not attributable to a specific repair. A franchisor may reduce the allowed time or compensation applicable to a specific warranty repair only upon 15 days’ prior written notice to the franchisee. (3) Any protest challenging a reduction in time or compensation applicable to specific parts or labor operations shall be filed within six months following the franchisee’s receipt of notice of the reduction, and the franchisor shall have the burden of establishing the reasonableness of the reduction and adequacy and fairness of the resulting reduction in time or compensation. (b) In determining what constitutes a reasonable warranty reimbursement schedule under this section, a franchisor shall compensate each of its franchisees for parts and labor at rates equal to the franchisee’s retail labor rate and retail parts rate, as established pursuant to Section 3065.2. Nothing in this subdivision prohibits a franchisee and a franchisor from entering into a voluntary written agreement signed by both parties that compensates for labor and parts used to satisfy the warranty obligations of the franchisor at rates other than the franchisee’s retail rates, provided that the warranty reimbursement schedule adequately and fairly compensates the franchisee. (c) If any franchisor disallows a franchisee’s claim for a defective part, alleging that the part, in fact, is not defective, the franchisor shall return the part alleged not to be defective to the franchisee at the expense of the franchisor, or the franchisee shall be reimbursed for the franchisee’s cost of the part, at the franchisor’s option. (d) (1) All claims made by franchisees pursuant to this section shall be either approved or disapproved within 30 days after their receipt by the franchisor. Any claim not specifically disapproved in writing within 30 days from receipt by the franchisor shall be deemed approved on the 30th day. All claims made by franchisees under this section and Section 3064 for labor and parts shall be paid within 30 days after approval. (2) A franchisor shall not disapprove a claim unless the claim is false or fraudulent, repairs were not properly made, repairs were inappropriate to correct a nonconformity with the written warranty due to an improper act or omission of the franchisee, or for material noncompliance with reasonable and nondiscriminatory documentation and administrative claims submission requirements. (3) When any claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and each notice shall state the specific grounds upon which the disapproval is based. The franchisor shall provide for a reasonable appeal process allowing the franchisee at least 30 days after receipt of the written disapproval notice to provide additional supporting documentation or information rebutting the disapproval. If disapproval is based upon noncompliance with documentation or administrative claims submission requirements, the franchisor shall allow the franchisee at least 30 days from the date of receipt of the notice to cure any material noncompliance. If the disapproval is rebutted, and material noncompliance is cured before the applicable deadline, the franchisor shall approve the claim. (4) If the franchisee provides additional supporting documentation or information purporting to rebut the disapproval, attempts to cure noncompliance relating to the claim, or otherwise appeals denial of the claim and the franchisor continues to deny the claim, the franchisor shall provide the franchisee with a written notification of the final denial within 30 days of completion of the appeal process, which shall conspicuously state “Final Denial” on the first page. (5) Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, shall not constitute a violation of this article. (6) Within six months after either receipt of the written notice described in paragraph (3) or (4), whichever is later, a franchisee may file a protest with the board for determination of whether the franchisor complied with the requirements of this subdivision. In any protest pursuant to this subdivision, the franchisor shall have the burden of proof. (e) (1) Audits of franchisee warranty records may be conducted by the franchisor on a reasonable basis for a period of nine months after a claim is paid or credit issued. A franchisor shall not select a franchisee for an audit, or perform an audit, in a punitive, retaliatory, or unfairly discriminatory manner. A franchisor may conduct no more than one random audit of a franchisee in a nine-month period. The franchisor’s notification to the franchisee of any additional audit within a nine-month period shall be accompanied by written disclosure of the basis for that additional audit. (2) Previously approved claims shall not be disapproved or charged back to the franchisee unless the claim is false or fraudulent, repairs were not properly made, repairs were inappropriate to correct a nonconformity with the written warranty due to an improper act or omission of the franchisee, or for material noncompliance with reasonable and nondiscriminatory documentation and administrative claims submission requirements. A franchisor shall not disapprove or chargeback a claim based upon an extrapolation from a sample of claims, unless the sample of claims is selected randomly and the extrapolation is performed in a reasonable and statistically valid manner. (3) If the franchisor disapproves of a previously approved claim following an audit, the franchisor shall provide to the franchisee, within 30 days after the audit, a written disapproval notice stating the specific grounds upon which the claim is disapproved. The franchisor shall provide a reasonable appeal process allowing the franchisee a reasonable period of not less than 30 days after receipt of the written disapproval notice to respond to any disapproval with additional supporting documentation or information rebutting the disapproval and to cure noncompliance, with the period to be commensurate with the volume of claims under consideration. If the franchisee rebuts any disapproval and cures any material noncompliance relating to a claim before the applicable deadline, the franchisor shall not chargeback the franchisee for that claim. (4) If the franchisee provides additional supporting documentation or information purporting to rebut the disapproval, attempts to cure noncompliance relating to the claim, or otherwise appeals denial of the claim and the franchisor continues to deny the claim, the franchisor shall provide the franchisee with a written notification of the final denial within 30 days of completion of the appeal process, which shall conspicuously state “Final Denial” on the first page. (5) The franchisor shall not chargeback the franchisee until 45 days after receipt of the written notice described in paragraph (3) or paragraph (4), whichever is later. Any chargeback to a franchisee for warranty parts or service compensation shall be made within 90 days of receipt of that written notice. If the franchisee files a protest pursuant to this subdivision prior to the franchisor’s chargeback for denied claims, the franchisor shall not offset or otherwise undertake to collect the chargeback until the board issues a final order on the protest. If the board sustains the chargeback or the protest is dismissed, the franchisor shall have 90 days following issuance of the final order or the dismissal to make the chargeback, unless otherwise provided in a settlement agreement. (6) Within six months after either receipt of the written disapproval notice or completion of the franchisor’s appeal process, whichever is later, a franchisee may file a protest with the board for determination of whether the franchisor complied with this subdivision. In any protest pursuant to this subdivision, the franchisor shall have the burden of proof. (f) If a false claim was submitted by a franchisee with the intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board. (Amended by Stats. 2019, Ch. 796, Sec. 11. (AB 179) Effective January 1, 2020.)
  21. 3065.1.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    Franchisors must decide incentive-program claims within 30 days, give written reasons for any disapproval, allow an appeal process, and pay approved claims within 30 days.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065.1. (a) All claims made by a franchisee for payment under the terms of a franchisor incentive program shall be either approved or disapproved within 30 days after receipt by the franchisor. When any claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and each notice shall state the specific grounds upon which the disapproval is based. Any claim not specifically disapproved in writing within 30 days from receipt shall be deemed approved on the 30th day. (b) Franchisee claims for incentive program compensation shall not be disapproved unless the claim is false or fraudulent, the claim is ineligible under the terms of the incentive program as previously communicated to the franchisee, or for material noncompliance with reasonable and nondiscriminatory documentation and administrative claims submission requirements. (c) The franchisor shall provide for a reasonable appeal process allowing the franchisee at least 30 days after receipt of the written disapproval notice to respond to any disapproval with additional supporting documentation or information rebutting the disapproval. If disapproval is based upon noncompliance with documentation or administrative claims submission requirements, the franchisor shall allow the franchisee at least 30 days from the date of receipt of the written disapproval notice to cure any material noncompliance. If the disapproval is rebutted, and material noncompliance is cured before the applicable deadline, the franchisor shall approve the claim. (d) If the franchisee provides additional supporting documentation or information purporting to rebut the disapproval, attempts to cure noncompliance relating to the claim, or otherwise appeals denial of the claim, and the franchisor continues to deny the claim, the franchisor shall provide the franchisee with a written notification of the final denial within 30 days of completion of the appeal process, which shall conspicuously state “Final Denial” on the first page. (e) Following the disapproval of a claim, a franchisee shall have six months from receipt of the written notice described in either subdivision (a) or (d), whichever is later, to file a protest with the board for determination of whether the franchisor complied with subdivisions (a), (b), (c), and (d). In any hearing pursuant to this subdivision or subdivision (a), (b), (c), or (d), the franchisor shall have the burden of proof. (f) All claims made by franchisees under this section shall be paid within 30 days following approval. Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, do not constitute a violation of this article. (g) (1) Audits of franchisee incentive records may be conducted by the franchisor on a reasonable basis, and for a period of nine months after a claim is paid or credit issued. A franchisor shall not select a franchisee for an audit, or perform an audit, in a punitive, retaliatory, or unfairly discriminatory manner. A franchisor may conduct no more than one random audit of a franchisee in a nine-month period. The franchisor’s notification to the franchisee of any additional audit within a nine-month period shall be accompanied by written disclosure of the basis for that additional audit. (2) Previously approved claims shall not be disapproved and charged back unless the claim is false or fraudulent, the claim is ineligible under the terms of the incentive program as previously communicated to the franchisee, or for material noncompliance with reasonable and nondiscriminatory documentation and administrative claims submission requirements. A franchisor shall not disapprove a claim or chargeback a claim based upon an extrapolation from a sample of claims, unless the sample of claims is selected randomly and the extrapolation is performed in a reasonable and statistically valid manner. (3) If the franchisor disapproves of a previously approved claim following an audit, the franchisor shall provide to the franchisee, within 30 days after the audit, a written disapproval notice stating the specific grounds upon which the claim is disapproved. The franchisor shall provide a reasonable appeal process allowing the franchisee a reasonable period of not less than 30 days after receipt of the written disapproval notice to respond to any disapproval with additional supporting documentation or information rebutting the disapproval and to cure any material noncompliance, with the period to be commensurate with the volume of claims under consideration. If the franchisee rebuts any disapproval and cures any material noncompliance relating to a claim before the applicable deadline, the franchisor shall not chargeback the franchisee for that claim. (4) If the franchisee provides additional supporting documentation or information purporting to rebut the disapproval, attempts to cure noncompliance relating to the claim, or otherwise appeals denial of the claim, and the franchisor continues to deny the claim, the franchisor shall provide the franchisee with a written notification of the final denial within 30 days of completion of the appeal process, which shall conspicuously state “Final Denial” on the first page. (5) The franchisor shall not chargeback the franchisee until 45 days after the franchisee receives the written notice described in paragraph (3) or (4), whichever is later. If the franchisee cures any material noncompliance relating to a claim, the franchisor shall not chargeback the dealer for that claim. Any chargeback to a franchisee for incentive program compensation shall be made within 90 days after the franchisee receives that written notice. If the board sustains the chargeback or the protest is dismissed, the franchisor shall have 90 days following issuance of the final order or the dismissal to make the chargeback, unless otherwise provided in a settlement agreement. (6) Within six months after either receipt of the written notice described in paragraph (3) or (4), a franchisee may file a protest with the board for determination of whether the franchisor complied with this subdivision. If the franchisee files a protest pursuant to this subdivision prior to the franchisor’s chargeback for denied claims, the franchisor shall not offset or otherwise undertake to collect the chargeback until the board issues a final order on the protest. In any protest pursuant to this subdivision, the franchisor shall have the burden of proof. (h) If a false claim was submitted by a franchisee with the intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board. (Amended by Stats. 2013, Ch. 512, Sec. 14. (SB 155) Effective January 1, 2014.)
  22. 3065.2.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    A franchisee seeking a retail labor or parts rate adjustment may submit specified repair orders and must calculate the rates using this section’s method; the franchisor may contest within 30 days, but otherwise must use the new rate for warranty compensation.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065.2. (a) A franchisee seeking to establish or modify its retail labor rate, retail parts rate, or both, to determine a reasonable warranty reimbursement schedule shall, no more frequently than once per calendar year, complete the following requirements: (1) The franchisee shall submit in writing to the franchisor whichever of the following is fewer in number: (A) Any 100 consecutive qualified repair orders completed, including any nonqualified repair orders completed in the same period. (B) All repair orders completed in any 90-consecutive-day period. (2) The franchisee shall calculate its retail labor rate by determining the total charges for labor from the qualified repair orders submitted and dividing that amount by the total number of hours that generated those charges. (3) The franchisee shall calculate its retail parts rate by determining the total charges for parts from the qualified repair orders submitted, dividing that amount by the franchisee’s total cost of the purchase of those parts, subtracting one, and multiplying by 100 to produce a percentage. (4) The franchisee shall provide notice to the franchisor of its retail labor rate and retail parts rate calculated in accordance with this subdivision. (b) For purposes of subdivision (a), qualified repair orders submitted under this subdivision shall be from a period occurring not more than 180 days before the submission. Repair orders submitted pursuant to this section may be transmitted electronically. A franchisee may submit either of the following: (1) A single set of qualified repair orders for purposes of calculating both its retail labor rate and its retail parts rate. (2) A set of qualified repair orders for purposes of calculating only its retail labor rate or only its retail parts rate. (c) Charges included in a repair order arising from any of the following shall be omitted in calculating the retail labor rate and retail parts rate under this section: (1) Manufacturer, manufacturer branch, distributor, or distributor branch special events, specials, or promotional discounts for retail customer repairs. (2) Parts sold, or repairs performed, at wholesale. (3) Routine maintenance, including, but not limited to, the replacement of bulbs, fluids, filters, batteries, and belts that are not provided in the course of, and related to, a repair. (4) Items that do not have individual part numbers including, but not limited to, nuts, bolts, and fasteners. (5) Vehicle reconditioning. (6) Accessories. (7) Repairs of conditions caused by a collision, a road hazard, the force of the elements, vandalism, theft, or owner, operational, or third-party negligence or deliberate act. (8) Parts sold or repairs performed for insurance carriers. (9) Vehicle emission inspections required by law. (10) Manufacturer-approved goodwill or policy repairs or replacements. (11) Repairs for government agencies or service contract providers. (12) Repairs with aftermarket parts, when calculating the retail parts rate, but not the retail labor rate. (13) Repairs on aftermarket parts. (14) Replacement of or work on tires, including front-end alignments and wheel or tire rotations. (15) Repairs of motor vehicles owned by the franchisee or an employee thereof at the time of the repair. (d) (1) A franchisor may contest to the franchisee the material accuracy of the retail labor rate or retail parts rate that was calculated by the franchisee under this section within 30 days after receiving notice from the franchisee or, if the franchisor requests supplemental repair orders pursuant to paragraph (4), within 30 days after receiving the supplemental repair orders. If the franchisor seeks to contest the retail labor rate, retail parts rate, or both, the franchisor shall submit no more than one notification to the franchisee. The notification shall be limited to an assertion that the rate is materially inaccurate or fraudulent, and shall provide a full explanation of any and all reasons for the allegation, evidence substantiating the franchisor’s position, a copy of all calculations used by the franchisor in determining the franchisor’s position, and a proposed adjusted retail labor rate or retail parts rate, as applicable, on the basis of the repair orders submitted by the franchisee or, if applicable, on the basis provided in paragraph (5). After submitting the notification, the franchisor shall not add to, expand, supplement, or otherwise modify any element of that notification, including, but not limited to, its grounds for contesting the retail labor rate, retail parts rate, or both, without justification. A franchisor shall not deny the franchisee’s submission for the retail labor rate, retail parts rate, or both, under subdivision (a). (2) If the franchisee agrees with the conclusions of the franchisor and any corresponding adjustment to the retail labor rate or retail parts rate, no further action shall be required. The new adjusted rate shall be deemed effective as of the 30th calendar day after the franchisor’s receipt of the notice submitted pursuant to subdivision (a). (3) In the event the franchisor provides all of the information required by paragraph (1) to the franchisee, and the franchisee does not agree with the adjusted rate proposed by the franchisor, the franchisor shall pay the franchisee at the franchisor’s proposed adjusted retail labor rate or retail parts rate until a decision is rendered upon any board protest filed pursuant to Section 3065.4 or until any mutual resolution between the franchisor and the franchisee. The franchisor’s proposed adjusted rate shall be deemed to be effective as of the 30th day after the franchisor’s receipt of the notice submitted pursuant to subdivision (a). (4) If the franchisor determines from the franchisee’s set of repair orders submitted pursuant to subdivisions (a) and (b) that the franchisee’s submission for a retail labor rate or retail parts rate is substantially higher than the franchisee’s current warranty rate, the franchisor may request, in writing, within 30 days after the franchisor’s receipt of the notice submitted pursuant to subdivision (a), all repair orders closed within the period of 30 days immediately preceding, or 30 days immediately following, the set of repair orders submitted by the franchisee. If the franchisee fails to provide the supplemental repair orders, all time periods under this section shall be suspended until the supplemental repair orders are provided. (5) If the franchisor requests supplemental repair orders pursuant to paragraphs (1) and (4), the franchisor may calculate a proposed adjusted retail labor rate or retail parts rate, as applicable, based upon any set of the qualified repair orders submitted by the franchisee, if the franchisor complies with all of the following requirements: (A) The franchisor uses the same requirements applicable to the franchisee’s submission pursuant to paragraph (1) of subdivision (a). (B) The franchisor uses the formula to calculate retail labor rate or retail parts as provided in subdivision (a). (C) The franchisor omits all charges in the repair orders as provided in subdivision (c). (e) If the franchisor does not contest the retail labor rate or retail parts rate that was calculated by the franchisee, or if the franchisor fails to contest the rate pursuant to subdivision (d), within 30 days after receiving the notice submitted by the franchisee pursuant to subdivision (a), the uncontested retail labor rate or retail parts rate shall take effect on the 30th day after the franchisor’s receipt of the notice and the franchisor shall use the new retail labor rate or retail parts rate, or both, if applicable, to determine compensation to fulfill warranty obligations to the franchisee pursuant to this section. (f) When calculating the retail parts rate and retail labor rate, all of the following shall apply: (1) Promotional reward program cash-equivalent pay methods shall not be considered discounts. (2) (A) The franchisor is prohibited from establishing or implementing a special part or component number for parts used in warranty work, if the result of the special part or component lowers compensation to the franchisee below that amount calculated pursuant to this section. (B) This paragraph does not apply to parts or components that are subject to a recall and are issued a new special part or component number. This paragraph does not prohibit a franchisor from changing prices of parts in the ordinary course of business. (g) When the franchisor is compensating the franchisee for the retail parts rate, all of the following shall apply: (1) If the franchisor furnishes a part to a franchisee at no cost for use in performing warranty obligations, the franchisor shall compensate the franchisee the amount resulting from multiplying the wholesale value of the part by the franchisee’s retail parts rate determined pursuant to this section. (2) If the franchisor furnishes a part to a franchisee at a reduced cost for use in performing warranty obligations, the franchisor shall compensate the franchisee the amount resulting from multiplying the wholesale value of the part by the franchisee’s retail parts rate determined pursuant to this section, plus the franchisee’s cost of the part. (3) The wholesale value of the part, for purposes of this subdivision, shall be the greater of: (A) The amount the franchisee paid for the part or a substantially identical part if already owned by the franchisee. (B) The cost of the part shown in a current franchisor’s established price schedule. (C) The cost of a substantially identical part shown in a current franchisor’s established price schedule. (h) When a franchisee submits for the establishment or modification of a retail labor rate, retail parts rate, or both, pursuant to this section, a franchisee’s retail labor rate or retail parts rate shall be calculated only using the method prescribed in this section. When a franchisee submits for the establishment or modification of a retail labor rate, retail parts rate, or both, pursuant to this section, a franchisor shall not use, or require a franchisee to use, any other method, including, but not limited to, any of the following: (1) Substituting any other purported repair sample for that submitted by a franchisee. (2) Imposing any method related to the establishment of a retail labor rate or retail parts rate that is unreasonable or time consuming, or require the use of information that is unreasonable or time consuming to obtain, including part-by-part or transaction-by-transaction calculations or utilization of the franchisee’s financial statement. (3) Unilaterally calculating a retail labor rate or retail parts rate for a franchisee, except as provided in subdivision (d). (4) Using a franchisee’s sample, submitted for establishing or increasing its retail parts rate, to establish or reduce the franchisee’s retail labor rate or using a franchisee’s sample, submitted for establishing or increasing its retail labor rate, to establish or reduce the franchisee’s retail parts rate. (i) A franchisor shall not do any of the following: (1) Attempt to influence a franchisee to implement or change the prices for which the franchisee sells parts or labor in retail repairs because the franchisee is seeking compensation or exercising any right pursuant to this section. (2) Directly or indirectly, take or threaten to take any adverse action against a franchisee for seeking compensation or exercising any right pursuant to this section, by any action including, but not limited to, the following: (A) Assessing penalties, surcharges, or similar costs to a franchisee. (B) Transferring or shifting any costs to a franchisee. (C) Limiting allocation of vehicles or parts to a franchisee. (D) Failing to act other than in good faith. (E) Hindering, delaying, or rejecting the proper and timely payment of compensation due under this section to a franchisee. (F) Establishing, implementing, enforcing, or applying any discriminatory policy, standard, rule, program, or incentive regarding compensation due under this section. (G) Conducting or threatening to conduct nonroutine or nonrandom warranty, nonwarranty repair, or other service-related audits in response to a franchisee seeking compensation or exercising any right pursuant to this section. (3) This subdivision does not prohibit a franchisor from increasing prices of vehicles or parts in the ordinary course of business. (j) As used in this section, a “qualified repair order” is a repair order, closed at the time of submission, for work that was performed outside of the period of the manufacturer’s warranty and paid for by the customer, but that would have been covered by a manufacturer’s warranty if the work had been required and performed during the period of warranty. (Amended by Stats. 2020, Ch. 370, Sec. 265. (SB 1371) Effective January 1, 2021.)
  23. 3065.25.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    This section defines “Parts” and “Warranty” for use in other sections.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065.25. As used in Sections 3065, 3065.2, and 3065.4, the following terms shall have the following meanings: (a) “Parts” includes, but is not limited to, engine, transmission, and other part assemblies. (b) “Warranty” includes a new vehicle warranty, a certified preowned warranty, a repair pursuant to a technical service bulletin on a vehicle covered under the period of warranty, a repair pursuant to a customer service campaign on a vehicle covered under the period of warranty, and a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code. (Added by Stats. 2019, Ch. 796, Sec. 13. (AB 179) Effective January 1, 2020.)
  24. 3065.3.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    A franchisor may not use dealer performance, vehicle/parts allocation, or facility/equipment policies that conflict with the cited standards, and may not compete with a dealer in violation of the cited rule. A franchisee may file a protest with the board, and the franchisor bears the burden of proof in that proceeding.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065.3. (a) No franchisor shall establish or maintain a performance standard, sales objective, or program for measuring a dealer’s sales, service, or customer service performance that is inconsistent with the standards set forth in subdivision (g) of Section 11713.13. (b) No franchisor shall allocate vehicles or parts in a manner inconsistent with the standards set forth in subdivision (a) of Section 11713.3. (c) No franchisor shall impose a facility or equipment policy inconsistent with the standards set forth in subdivision (a), (b), (c), or (k) of Section 11713.13. (d) No franchisor shall compete with a dealer in violation of subdivision (o) of Section 11713.3. (e) A franchisee may file a protest with the board for determination of whether a franchisor has complied with this section and in that proceeding the franchisor shall have the burden of proof. (Amended by Stats. 2023, Ch. 332, Sec. 2. (AB 473) Effective January 1, 2024.)
  25. 3065.4.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    This section lets a franchisee challenge certain warranty reimbursement rates before the board, requires the franchisor to prove compliance and accuracy in a protest, and requires the franchisor to provide a calculation of unpaid reimbursement within 30 days after a request.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3065.4. (a) If a franchisor fails to comply with Section 3065.2, or if a franchisee disputes the franchisor’s proposed adjusted retail labor rate or retail parts rate, the franchisee may file a protest with the board for a declaration of the franchisee’s retail labor rate or retail parts rate. In any protest under this section, the franchisor shall have the burden of proof that it complied with Section 3065.2 and that the franchisee’s determination of the retail labor rate or retail parts rate is materially inaccurate or fraudulent. (b) Upon a decision by the board pursuant to subdivision (a), the board may determine the difference between the amount the franchisee has actually received from the franchisor for fulfilled warranty obligations and the amount that the franchisee would have received if the franchisor had compensated the franchisee at the retail labor rate and retail parts rate as determined in accordance with Section 3065.2 for a period beginning 30 days after receipt of the franchisee’s initial submission under subdivision (a) of Section 3065.2. The franchisee may submit a request to the franchisor to calculate the unpaid warranty reimbursement compensation and the franchisor shall provide this calculation to the franchisee within 30 days after receipt of the request. The request for the calculation will also be deemed a request for payment of the unpaid warranty reimbursement compensation. (c) If the franchisor fails to make full payment within 30 days after the franchisee submits a request for payment, the franchisee may file an action in superior court for injunctive and other appropriate relief to enforce the determination or order of the board. The franchisee may also recover in superior court its actual reasonable expenses in bringing and maintaining an enforcement action in superior court. (d) Either the franchisor or the franchisee may seek judicial review of the board’s determination pursuant to Section 3068. (Added by Stats. 2019, Ch. 796, Sec. 15. (AB 179) Effective January 1, 2020.)
  26. 3066.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    This section sets procedures for New Motor Vehicle Board protest hearings, including scheduling, notice, evidence handling, burdens of proof, and a conflict rule for dealer-board members.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3066. (a) Upon receiving a protest pursuant to Section 3060, 3062, 3064, 3065, 3065.1, 3065.3, or 3065.4, the board shall fix a time within 60 days of the order, and place of hearing, and shall send by certified mail a copy of the order to the franchisor, the protesting franchisee, and all individuals and groups that have requested notification by the board of protests and decisions of the board. Except in a case involving a franchisee who deals exclusively in motorcycles, the board or its executive director may, upon a showing of good cause, accelerate or postpone the date initially established for a hearing, but the hearing shall not be rescheduled more than 90 days after the board’s initial order. For the purpose of accelerating or postponing a hearing date, “good cause” includes, but is not limited to, the effects upon, and any irreparable harm to, the parties or interested persons or groups if the request for a change in hearing date is not granted. The board or an administrative law judge designated by the board shall hear and consider the oral and documented evidence introduced by the parties and other interested individuals and groups, and the board shall make its decision solely on the record so made. Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and Sections 11507.3, 11507.6, 11507.7, 11511, 11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply to these proceedings. (b) In a hearing on a protest filed pursuant to Section 3060 or 3062, the franchisor shall have the burden of proof to establish that there is good cause to modify, replace, terminate, or refuse to continue a franchise. The franchisee shall have the burden of proof to establish that there is good cause not to enter into a franchise establishing an additional motor vehicle dealership or relocating an existing motor vehicle dealership. (c) Except as otherwise provided in this chapter, in a hearing on a protest alleging a violation of, or filed pursuant to, Section 3064, 3065, or 3065.1, the franchisee shall have the burden of proof, but the franchisor has the burden of proof to establish that a franchisee acted with intent to defraud the franchisor when that issue is material to a protest filed pursuant to Section 3065 or 3065.1. (d) In a hearing on a protest filed pursuant to Section 3065.3, the franchisor shall have the burden of proof to establish that the franchisor complied with subdivision (g) of Section 11713.13. (e) In a hearing on a protest filed pursuant to Section 3065.4, the franchisor shall have the burden of proof to establish that the franchisor complied with Section 3065.2 and that the franchisee’s determination of the retail labor rate or retail parts rate is materially inaccurate or fraudulent. (f) A member of the board who is a new motor vehicle dealer may not participate in, hear, comment, or advise other members upon, or decide, a matter involving a protest filed pursuant to this article unless all parties to the protest stipulate otherwise. (Amended by Stats. 2019, Ch. 796, Sec. 16. (AB 179) Effective January 1, 2020.)
  27. 3067.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    The board must issue a written decision with findings and deliver copies to the parties and others who requested notice.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3067. (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain, conditionally sustain, overrule, or conditionally overrule the protest. Conditions imposed by the board shall be for the purpose of assuring performance of binding contractual agreements between franchisees and franchisors or otherwise serving the purposes of this article. If the board fails to act within 30 days after the hearing, within 30 days after the board receives a proposed decision when the case is heard before an administrative law judge alone, or within a period necessitated by Section 11517 of the Government Code, or as may be mutually agreed upon by the parties, then the proposed action shall be deemed to be approved. Copies of the board’s decision shall be delivered to the parties personally or sent to them by certified mail, as well as to all individuals and groups that have requested notification by the board of protests and decisions by the board. The board’s decision shall be final upon its delivery or mailing and a reconsideration or rehearing is not permitted. (b) Notwithstanding subdivision (c) of Section 11517 of the Government Code, if a protest is heard by an administrative law judge alone, 10 days after receipt by the board of the administrative law judge’s proposed decision, a copy of the proposed decision shall be filed by the board as a public record and a copy shall be served by the board on each party and his or her attorney. (Amended by Stats. 2015, Ch. 407, Sec. 4. (AB 759) Effective January 1, 2016.)
  28. 3068.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    Either party may seek judicial review of the board’s final decisions, but the review must be filed within 45 days after the final order is made public and delivered or mailed by certified mail.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3068. Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail. (Amended by Stats. 2015, Ch. 407, Sec. 5. (AB 759) Effective January 1, 2016.)
  29. 3069.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    This section says the article applies to existing and future franchises between dealers, manufacturers, manufacturer branches, distributor branches, and distributors.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3069. The provisions of this article shall be applicable to all franchises existing between dealers and manufacturers, manufacturer branches, distributors and distributor branches at the time of its enactment and to all such future franchises. (Added by Stats. 1973, Ch. 996.)
  30. 3069.1.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. )

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    Sections 3060 to 3065.4 do not apply to a franchise that authorizes a dealership defined in Section 3072(d).

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement [3060 - 3069.1] ( Heading of Article 4 amended by Stats. 1974, Ch. 384. ) ## 3069.1. Sections 3060 to 3065.4, inclusive, do not apply to a franchise authorizing a dealership, as defined in subdivision (d) of Section 3072. (Amended by Stats. 2022, Ch. 295, Sec. 7. (AB 2956) Effective January 1, 2023.)
  31. 3070.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    Franchisors of recreational vehicle dealers generally cannot terminate, refuse to continue, modify, or replace a franchise unless they give required notice and the board process is satisfied.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3070. (a) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, a franchisor of a dealer of new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, except a dealer who deals exclusively in truck campers, may not terminate or refuse to continue a franchise unless all of the following conditions are met: (1) The franchisee and the board have received written notice from the franchisor as follows: (A) Sixty days before the effective date thereof setting forth the specific grounds for termination or refusal to continue. (B) Fifteen days before the effective date thereof setting forth the specific grounds with respect to any of the following: (i) Transfer of any ownership or interest in the franchise without the consent of the franchisor, which consent may not be unreasonably withheld. (ii) Misrepresentation by the franchisee in applying for the franchise. (iii) Insolvency of the franchisee, or filing of any petition by or against the franchisee under any bankruptcy or receivership law. (iv) Any unfair business practice after written warning thereof. (v) Failure of the dealer to conduct its customary sales and service operations during its customary hours of business for seven consecutive business days, giving rise to a good faith belief on the part of the franchisor that the recreational vehicle dealer is in fact going out of business, except for circumstances beyond the direct control of the recreational vehicle dealer or by order of the department. (C) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, one of the following statements, whichever is applicable: (i) To be inserted when a 60-day notice of termination is given: “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the termination of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 30 calendar days after receiving this notice or within 30 days after the end of any appeal procedure provided by the franchisor or your protest right will be waived.” (ii) To be inserted when a 15-day notice of termination is given: “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the termination of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 10 calendar days after receiving this notice or within 10 days after the end of any appeal procedure provided by the franchisor or your protest right will be waived.” (2) Except as provided in Section 3050.7, the board finds that there is good cause for termination or refusal to continue, following a hearing called pursuant to Section 3080. The franchisee may file a protest with the board within 30 days after receiving a 60-day notice, satisfying the requirements of this section, or within 30 days after the end of any appeal procedure provided by the franchisor, or within 10 days after receiving a 15-day notice, satisfying the requirements of this section, or within 10 days after the end of any appeal procedure provided by the franchisor. When a protest is filed, the board shall advise the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3080, and that the franchisor may not terminate or refuse to continue until the board makes its findings. (3) The franchisor has received the written consent of the franchisee, or the appropriate period for filing a protest has elapsed. (b) (1) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, a franchisor of a dealer of recreational vehicles may not modify or replace a franchise with a succeeding franchise if the modification or replacement would substantially affect the franchisee’s sales or service obligations or investment, unless the franchisor has first given the board and each affected franchisee written notice thereof at least 60 days in advance of the modification or replacement. Within 30 days of receipt of a notice satisfying the requirements of this section, or within 30 days after the end of any appeal procedure provided by the franchisor, a franchisee may file a protest with the board and the modification or replacement does not become effective until there is a finding by the board that there is good cause for the modification or replacement. If, however, a replacement franchise is the successor franchise to an expiring or expired term franchise, the prior franchise shall continue in effect until resolution of the protest by the board. In the event of multiple protests, hearings shall be consolidated to expedite the disposition of the issue. (2) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement: “NOTICE TO DEALER: Your franchise agreement is being modified or replaced. If the modification or replacement will substantially affect your sales or service obligations or investment, you have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing in which you may protest the proposed modification or replacement of your franchise under provisions of the California Vehicle Code. You must file your protest with the board within 30 calendar days of your receipt of this notice or within 30 days after the end of any appeal procedure provided by the franchisor or your protest rights will be waived.” (Amended by Stats. 2015, Ch. 407, Sec. 6. (AB 759) Effective January 1, 2016.)
  32. 3071.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    When deciding whether good cause exists to modify, replace, terminate, or refuse to continue a new recreational vehicle dealer franchise, the board must consider the existing circumstances and the listed factors.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3071. In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise of a dealer of new recreational vehicles, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following: (a) The amount of business transacted by the franchisee, as compared to the business available to the franchisee. (b) The investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise. (c) The permanency of the investment. (d) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted. (e) Whether the franchisee has adequate new recreational vehicle sales and, if required by the franchise, service facilities, equipment, vehicle parts, and qualified service personnel, to reasonably provide for the needs of the consumers of the recreational vehicles handled by the franchisee and has been and is rendering adequate services to the public. (f) Whether the franchisee fails to fulfill the warranty obligations agreed to be performed by the franchisee in the franchise. (g) The extent of franchisee’s failure to comply with the terms of the franchise. (Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
  33. 3072.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    A franchisor must give written notice before establishing or relocating a covered recreational vehicle dealership, and a franchisee may protest within the stated deadline.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3072. (a) (1) Except as otherwise provided in subdivision (b), if a franchisor seeks to enter into a franchise establishing an additional recreational vehicle dealership, or seeks to relocate an existing recreational vehicle dealership, that has a relevant market area in which the same recreational vehicle line-make is represented, the franchisor shall, in writing, first notify the board and each franchisee in that recreational vehicle line-make in the relevant market area of the franchisor’s intention to establish an additional dealership or to relocate an existing dealership. Within 20 days of receiving the notice, satisfying the requirements of this section, or within 20 days after the end of any appeal procedure provided by the franchisor, any franchisee required to be given the notice may file with the board a protest to the proposed dealership establishment or relocation described in the franchisor’s notice. If, within this time, a franchisee files with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant an additional 10 days to file the protest. When a protest is filed, the board shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3080, and that the franchisor shall not establish the proposed dealership or relocate the existing dealership until the board has held a hearing as provided in Section 3080, nor thereafter, if the board has determined that there is good cause for not permitting the establishment of the proposed recreational vehicle dealership or relocation of the existing recreational vehicle dealership. In the event of multiple protests, hearings may be consolidated to expedite the disposition of the issue. (2) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement: “NOTICE TO DEALER: You have the right to file a protest with the NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing on your protest under the terms of the California Vehicle Code if you oppose this action. You must file your protest with the board within 20 days of your receipt of this notice, or within 20 days after the end of any appeal procedure that is provided by us to you. If, within this time, you file with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant you an additional 10 days to file the protest.” (b) Subdivision (a) does not apply to any of the following: (1) The relocation of an existing dealership to any location that is both within the same city as, and within one mile of, the existing dealership location. (2) The establishment at any location that is both within the same city as, and within one-quarter mile of, the location of a dealership of the same recreational vehicle line-make that has been out of operation for less than 90 days. (3) A display of vehicles at a fair, exposition, or similar exhibit if no actual sales are made at the event and the display does not exceed 30 days. This paragraph may not be construed to prohibit a new vehicle dealer from establishing a branch office for the purpose of selling vehicles at the fair, exposition, or similar exhibit, even though that event is sponsored by a financial institution, as defined in Section 31041 of the Financial Code, or by a financial institution and a licensed dealer. The establishment of these branch offices, however, shall be in accordance with subdivision (a) where applicable. (4) An annual show sponsored by a national trade association of recreational vehicle manufacturers that complies with all of the requirements of subdivision (d) of Section 11713.15. (c) For the purposes of this section, the reopening of a dealership that has not been in operation for one year or more shall be deemed the establishment of an additional recreational vehicle dealership. (d) For the purposes of this section and Section 3073, a “recreational vehicle dealership” or “dealership” is any authorized facility at which a franchisee offers for sale or lease, displays for sale or lease, or sells or leases new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code. A “recreational vehicle dealership” or “dealership” does not include a dealer who deals exclusively in truck campers. (Amended by Stats. 2015, Ch. 407, Sec. 7. (AB 759) Effective January 1, 2016.)
  34. 3072.5.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    This section defines “recreational vehicle line-make” for this article.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3072.5. For the purposes of this article, a “recreational vehicle line-make” is a group or groups of recreational vehicles defined by the terms of a written agreement that complies with Section 331.3. (Amended by Stats. 2015, Ch. 407, Sec. 8. (AB 759) Effective January 1, 2016.)
  35. 3073.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    When deciding good cause questions about opening or relocating a recreational vehicle franchise, the board must consider the listed market and business factors.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3073. In determining whether good cause has been established for not entering into a recreational vehicle franchise or relocating an existing dealership of the same recreational vehicle line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following: (a) The permanency of the investment. (b) The effect on the retail recreational vehicle business and the consuming public in the relevant market area. (c) Whether it is injurious to the public welfare for an additional recreational vehicle franchise to be established or an existing dealership be relocated. (d) Whether the franchisees of the same recreational vehicle line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the recreational vehicle line-make in the market area. In making this determination, the board shall consider the adequacy of recreational vehicle sales and, if required by the franchise, service facilities, equipment, supply of vehicle parts, and qualified service personnel. (e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest. (Amended by Stats. 2015, Ch. 407, Sec. 9. (AB 759) Effective January 1, 2016.)
  36. 3074.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    Franchisors must tell franchisees their delivery and preparation duties for new recreational vehicles, file those duties and a compensation schedule with the board, and franchisees must give buyers the duties and a completion certificate when the vehicle is delivered.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3074. (a) A franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new recreational vehicles to retail buyers. A copy of the delivery and preparation obligations, which shall constitute the franchisee’s only responsibility for product liability between the franchisee and the franchisor but which shall not in any way affect the franchisee’s responsibility for product liability between the purchaser and either the franchisee or the franchisor, and a schedule of compensation to be paid franchisees for the work and services they shall be required to perform in connection with the delivery and preparation obligations shall be filed with the board by franchisors, and shall constitute the compensation as set forth on the schedule. The schedule of compensation shall be reasonable, with the reasonableness thereof being subject to the approval of the board, if a franchisee files a notice of protest with the board. In determining the reasonableness of the schedules, the board shall consider all relevant circumstances, including, but not limited to, the time required to perform each function that the dealer is obligated to perform and the appropriate labor rate. (b) Upon delivery of the vehicle, the franchisee shall give a copy of the delivery and preparation obligations to the purchaser and a written certification that the franchisee has fulfilled these obligations. (Amended by Stats. 2015, Ch. 407, Sec. 10. (AB 759) Effective January 1, 2016.)
  37. 3075.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    A franchisor must honor warranty agreements, compensate franchisees fairly, file its reimbursement schedule with the board, and process warranty claims and payments within stated deadlines.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3075. (a) A franchisor shall properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and parts used to fulfill that warranty when the franchisee has fulfilled warranty obligations of repair and servicing and shall file a copy of its warranty reimbursement schedule or formula with the board. The warranty reimbursement schedule or formula shall be reasonable with respect to the time and compensation allowed the franchisee for the warranty work and all other conditions of the obligation. The reasonableness of the warranty reimbursement schedule or formula shall be determined by the board if a franchisee files a notice of protest with the board. (b) In determining the adequacy and fairness of the compensation, the franchisee’s effective labor rate charged to its various retail customers may be considered together with other relevant criteria. (c) If a franchisor disallows a franchisee’s claim for a defective part, alleging that the part, in fact, is not defective, the franchisor shall return the part alleged not to be defective to the franchisee at the expense of the franchisor, or the franchisee shall be reimbursed for the franchisee’s cost of the part, at the franchisor’s option. (d) All claims made by franchisees pursuant to this section shall be either approved or disapproved within 30 days after their receipt by the franchisor. A claim not specifically disapproved in writing within 30 days from receipt by the franchisor shall be deemed approved on the 30th day. When a claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and the notice shall state the specific grounds upon which the disapproval is based. All claims made by franchisees under this section and Section 3074 for labor and parts shall be paid within 30 days following approval. Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, do not constitute a violation of this article. (e) Audits of franchisee warranty records may be conducted by the franchisor on a reasonable basis, and for a period of 12 months after a claim is paid or credit issued. Franchisee claims for warranty compensation shall not be disapproved except for good cause, including, but not limited to, performance of nonwarranty repairs, lack of material documentation, or fraud. Any chargeback to a franchisee for warranty parts or service compensation shall be made within 90 days of the completion of the audit. If a false claim was submitted by a franchisee with intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board. (Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
  38. 3076.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    Franchisors must act on franchisee incentive claims within set deadlines, pay approved claims promptly, and may audit and charge back claims only within the limits stated here.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3076. (a) All claims made by a franchisee for payment under the terms of a franchisor incentive program shall be either approved or disapproved within 30 days after receipt by the franchisor. When a claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and each notice shall state the specific grounds upon which the disapproval is based. A claim not specifically disapproved in writing within 30 days from receipt shall be deemed approved on the 30th day. Following the disapproval of a claim, a franchisee shall have one year from receipt of the notice of disapproval in which to appeal the disapproval to the franchisor and file a protest with the board. All claims made by franchisees under this section shall be paid within 30 days following approval. Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, do not constitute a violation of this article. (b) Audits of franchisee incentive records may be conducted by the franchisor on a reasonable basis, and for a period of 18 months after a claim is paid or credit issued. Franchisee claims for incentive program compensation shall not be disapproved except for good cause, such as ineligibility under the terms of the incentive program, lack of material documentation, or fraud. Any chargeback to a franchisee for incentive program compensation shall be made within 90 days of the completion of the audit. If a false claim was submitted by a franchisee with the intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board. (Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
  39. 3077.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    The department must charge a one-time extra license fee to dealers covered by this article, and the fee cannot exceed the lower of implementation costs or $350,000.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3077. (a) In addition to fees imposed under Sections 3016 and 11723, the department shall impose a one-time additional fee on those dealers subject to this article for the issuance or renewal of a license, in an amount determined by the department to be sufficient to cover the costs incurred by the department and the board in the implementation of this article for the first year, or in an amount sufficient to cover costs of not more than three hundred fifty thousand dollars ($350,000), whichever amount is less. (b) The fee authorized under subdivision (a) may not be imposed on and after January 1, 2005. (c) All funds derived from the imposition of the fee required under subdivision (a) shall be deposited in the Motor Vehicle Account in the State Transportation Fund and shall be available, upon appropriation, for expenditure to cover the costs incurred by the department and the board in the initial implementation of this article. (Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
  40. 3078.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    If the board gets a refund complaint about a recreational vehicle sale, lease, or replacement, it must recommend that the complainant consult the Department of Consumer Affairs.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3078. (a) If the board receives a complaint from a member of the public seeking a refund involving the sale or lease of, or a replacement of, a recreational vehicle, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, from a recreational vehicle dealership, as defined in subdivision (d) of Section 3072, the board shall recommend that the complainant consult with the Department of Consumer Affairs. (b) This chapter does not affect a person’s rights regarding a transaction involving a recreational vehicle as defined in subdivision (a), to maintain an action under any other statute, including, but not limited to, applicable provisions of Title 1.7 (commencing with Section 1790) of Part 4 of Division 3 of the Civil Code. (Amended by Stats. 2015, Ch. 407, Sec. 11. (AB 759) Effective January 1, 2016.)
  41. 3079.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    This article applies only to recreational vehicle franchises entered into or renewed on or after January 1, 2004.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3079. This article applies only to a recreational vehicle franchise entered into or renewed on or after January 1, 2004. (Amended by Stats. 2015, Ch. 407, Sec. 12. (AB 759) Effective January 1, 2016.)
  42. 3080.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

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    This section sets the hearing process for certain protests, including hearing dates, notice, evidence, and which party must prove its case.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3080. (a) Upon receiving a protest pursuant to Section 3070, 3072, 3074, 3075, or 3076, the board shall fix a time and place of hearing within 60 days of the order, and shall send by certified mail a copy of the order to the franchisor, the protesting franchisee, and all individuals and groups that have requested notification by the board of protests and decisions of the board. The board or its executive director may, upon a showing of good cause, accelerate or postpone the date initially established for a hearing, but the hearing shall not be rescheduled more than 90 days after the board’s initial order. For the purpose of accelerating or postponing a hearing date, “good cause” includes, but is not limited to, the effects upon, and any irreparable harm to, the parties or interested persons or groups if the request for a change in hearing date is not granted. The board or an administrative law judge designated by the board shall hear and consider the oral and documented evidence introduced by the parties and other interested individuals and groups, and the board shall make its decision solely on the record so made. Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and Sections 11507.3, 11507.6, 11507.7, 11511, 11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply to these proceedings. (b) In a hearing on a protest filed pursuant to Section 3070 or 3072, the franchisor shall have the burden of proof to establish that there is good cause to modify, replace, terminate, or refuse to continue a franchise. The franchisee shall have the burden of proof to establish that there is good cause not to enter into a franchise establishing an additional recreational vehicle dealership or relocating an existing recreational vehicle dealership. (c) Except as otherwise provided in this chapter, in a hearing on a protest alleging a violation of, or filed pursuant to, Section 3074, 3075, or 3076, the franchisee shall have the burden of proof, but the franchisor has the burden of proof to establish that a franchisee acted with intent to defraud the franchisor when that issue is material to a protest filed pursuant to Section 3075 or 3076. (Added by Stats. 2015, Ch. 407, Sec. 13. (AB 759) Effective January 1, 2016.)
  43. 3081.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    The board must issue a written decision with findings and issue determinations, serve copies to the parties and requestors, and follow a 30-day action deadline in most cases.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3081. (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain, conditionally sustain, overrule, or conditionally overrule the protest. Conditions imposed by the board shall be for the purpose of assuring performance of binding contractual agreements between franchisees and franchisors or otherwise serving the purposes of this article. If the board fails to act within 30 days after the hearing, within 30 days after the board receives a proposed decision when the case is heard before an administrative law judge alone, or within a period necessitated by Section 11517 of the Government Code, or as may be mutually agreed upon by the parties, then the proposed action shall be deemed to be approved. Copies of the board’s decision shall be delivered to the parties personally or sent to them by certified mail, as well as to all individuals and groups that have requested notification by the board of protests and decisions by the board. The board’s decision shall be final upon its delivery or mailing and a reconsideration or rehearing is not permitted. (b) Notwithstanding subdivision (c) of Section 11517 of the Government Code, if a protest is heard by an administrative law judge alone, 10 days after receipt by the board of the administrative law judge’s proposed decision, a copy of the proposed decision shall be filed by the board as a public record and a copy shall be served by the board on each party and his or her attorney. (Added by Stats. 2015, Ch. 407, Sec. 14. (AB 759) Effective January 1, 2016.)
  44. 3082.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. )

    Verify source ↗

    Either party may seek judicial review of the board’s final decisions, but the review filing deadline is no more than 45 days after the final order is made public and delivered or mailed by certified mail.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints [3070 - 3082] ( Article 5 added by Stats. 2003, Ch. 703, Sec. 11. ) ## 3082. Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail. (Added by Stats. 2015, Ch. 407, Sec. 15. (AB 759) Effective January 1, 2016.)
  45. 3085.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    An association may file a protest over certain export or sale-for-resale prohibition policies, but only on behalf of at least two dealers, and any relief is limited to a declaration; monetary relief is not allowed.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085. (a) An association may bring a protest challenging the legality of an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch at any time on behalf of two or more dealers subject to the challenged policy pursuant to subdivision (y) of Section 11713.3. (b) For the purpose of this article, an association is an organization primarily owned by, or comprised of, new motor vehicle dealers and that primarily represents the interests of dealers. (c) Relief for a protest pursuant to this section is limited to a declaration that an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch violates the prohibitions of subdivision (y) of Section 11713.3. No monetary relief may be sought on behalf of the association or any dealers represented by the association. (d) In a protest pursuant to this section, the association shall have the burden of proof to show that the challenged export or sale-for-resale prohibition policy violates subdivision (y) of Section 11713.3. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
  46. 3085.10.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    This article expires and is repealed on January 1, 2030, unless a later statute enacted before that date changes the sunset date.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085.10. This article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 6, commencing with Section 3085.)
  47. 3085.2.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    After a protest under Section 3085, the board must set a hearing within 60 days, notify listed parties by certified mail, decide on the record, and follow the specified Government Code hearing rules.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085.2. (a) Upon receiving a protest pursuant to Section 3085, the board shall fix a time and place of hearing within 60 days, and shall send by certified mail a copy of the order to the manufacturer, manufacturer branch, distributor, distributor branch, the protesting association, and all individuals and groups that have requested notification by the board of protests and decisions of the board. The board or an administrative law judge designated by the board shall hear and consider the oral and documented evidence introduced by the parties and other interested individuals and groups, and the board shall make its decision solely on the record so made. Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and Sections 11507.3, 11507.6, 11507.7, 11511, 11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply to these proceedings. (b) In a hearing on a protest filed pursuant to Section 3085, the association shall have the burden of proof to establish a violation of the applicable section by the subject manufacturer, manufacturer branch, distributor, or distributor branch. (c) A member of the board who is a new motor vehicle dealer may not participate in, hear, comment, or advise other members upon, or decide, a matter involving a protest filed pursuant to this article unless all parties to the protest stipulate otherwise. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
  48. 3085.4.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    The board must issue written decisions with findings and an outcome on the protest, serve copies to the parties, and follow short deadlines for acting and serving when an administrative law judge is involved.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085.4. (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain, conditionally sustain, overrule, or conditionally overrule the protest. Conditions imposed by the board shall be for the purpose of assuring performance of binding contractual agreements between franchisees and franchisors or otherwise serving the purposes of this article. The board shall act within 30 days after the hearing, within 30 days after the board receives a proposed decision when the case is heard before an administrative law judge alone, or within a period necessitated by Section 11517 of the Government Code, or as may be mutually agreed upon by the parties. Copies of the board’s decision shall be delivered to the parties personally or sent to them by certified mail, as well as to all individuals and groups that have requested notification by the board of protests and decisions by the board. The board’s decision shall be final upon its delivery or mailing and a reconsideration or rehearing is not permitted. (b) Notwithstanding subdivision (c) of Section 11517 of the Government Code, if a protest is heard by an administrative law judge alone, 10 days after receipt by the board of the administrative law judge’s proposed decision, a copy of the proposed decision shall be filed by the board as a public record and a copy shall be served by the board on each party and the party’s attorney. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
  49. 3085.6.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    Either party may seek judicial review of the board’s final decisions, and any appeal must be filed within 45 days after the final order is made public and delivered or mailed by certified mail.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085.6. Either party may seek judicial review of final decisions of the board. An appeal shall be filed within 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
  50. 3085.8.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. )

    Verify source ↗

    This section applies to certain associations of new motor vehicle dealers that act for their franchisees.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10] ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. ) ## ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10] ( Article 6 added by Stats. 2019, Ch. 796, Sec. 17. ) ## 3085.8. The provisions of this article shall be applicable to any association which is primarily owned by or comprised of new motor vehicle dealers and acts on behalf of its new motor vehicle franchisees. (Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
  51. 3090.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )

    Verify source ↗

    This section creates a Road Usage Charge Technical Advisory Committee and requires it to study road-usage charge alternatives, gather public comment, consult stakeholders, and report recommendations.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. ) ## 3090. (a) The Chair of the California Transportation Commission shall create, in consultation with the Secretary of the Transportation Agency, a Road Usage Charge (RUC) Technical Advisory Committee. (b) (1) The purpose of the technical advisory committee is to guide the development and evaluation of a pilot program to assess the potential for mileage-based revenue collection for California’s roads and highways as an alternative to the gas tax system. (2) Commencing January 1, 2019, the technical advisory committee shall continue to assess the potential for mechanisms, including, but not limited to, a mileage-based revenue collection system, to use as alternative methods to the existing gas tax system for generating the revenue necessary to maintain and operate the state’s transportation system. (c) The technical advisory committee shall consist of 15 members. In selecting the members of the technical advisory committee, the chair shall consider individuals who are representative of the telecommunications industry, highway user groups, the data security and privacy industry, privacy rights advocacy organizations, regional transportation agencies, national research and policymaking bodies, including, but not limited to, the Transportation Research Board and the American Association of State Highway and Transportation Officials, Members of the Legislature, and other relevant stakeholders as determined by the chair. (d) Pursuant to Section 14512 of the Government Code, the technical advisory committee may request the Department of Transportation to perform such work as the technical advisory committee deems necessary to carry out its duties and responsibilities. (e) The technical advisory committee shall study RUC alternatives to the gas tax. The technical advisory committee shall gather public comment related to the activities described in subdivision (b) and shall make recommendations to the Secretary of the Transportation Agency on the design of a pilot program to test alternative RUC approaches. The technical advisory committee may also make recommendations on the criteria to be used to evaluate the pilot program. (f) In studying alternatives to the current gas tax system and developing recommendations on the design of a pilot program to test alternative RUC approaches pursuant to subdivision (e), the technical advisory committee shall take all of the following into consideration: (1) The availability, adaptability, reliability, and security of methods that might be used in recording and reporting highway use. (2) The necessity of protecting all personally identifiable information used in reporting highway use. (3) The ease and cost of recording and reporting highway use. (4) The ease and cost of administering the collection of taxes and fees as an alternative to the current system of taxing highway use through motor vehicle fuel taxes. (5) Effective methods of maintaining compliance. (6) The ease of reidentifying location data, even when personally identifiable information has been removed from the data. (7) Increased privacy concerns when location data is used in conjunction with other technologies. (8) Public and private agency access, including law enforcement, to data collected and stored for purposes of the RUC to ensure individual privacy rights are protected pursuant to Section 1 of Article I of the California Constitution. (g) The technical advisory committee shall consult with highway users and transportation stakeholders, including representatives of vehicle users, vehicle manufacturers, and fuel distributors as part of its duties pursuant to subdivision (f). (Amended by Stats. 2018, Ch. 698, Sec. 1. (SB 1328) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 3093.)
  52. 3091.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )

    Verify source ↗

    The Transportation Agency must run a road usage charge pilot program by January 1, 2017, and the agency must not share collected personal information or data with private parties except in listed legal or research situations.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. ) ## 3091. (a) Based on the recommendations of the RUC Technical Advisory Committee, the Transportation Agency shall implement a pilot program to identify and evaluate issues related to the potential implementation of an RUC program in California by January 1, 2017. (b) At a minimum, the pilot program shall accomplish all of the following: (1) Analyze alternative means of collecting road usage data, including at least one alternative that does not rely on electronic vehicle location data. (2) Collect a minimum amount of personal information including location tracking information, necessary to implement the RUC program. (3) Ensure that processes for collecting, managing, storing, transmitting, and destroying data are in place to protect the integrity of the data and safeguard the privacy of drivers. (c) The agency shall not disclose, distribute, make available, sell, access, or otherwise provide for another purpose, personal information or data collected through the RUC program to any private entity or individual unless authorized by a court order, as part of a civil case, by a subpoena issued on behalf of a defendant in a criminal case, by a search warrant, or in aggregate form with all personal information removed for the purposes of academic research. (Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
  53. 3092.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )

    Verify source ↗

    The Transportation Agency must submit a findings report on the pilot program by June 30, 2018, and the California Transportation Commission must include its recommendations in its annual report to the Legislature.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. ) ## 3092. (a) The Transportation Agency shall prepare and submit a report of its findings based on the results of the pilot program to the RUC Technical Advisory Committee, the California Transportation Commission, and the appropriate policy and fiscal committees of the Legislature by no later than June 30, 2018. The report shall include, but not be limited to, a discussion of all of the following issues: (1) Cost. (2) Privacy, including recommendations regarding public and private access, including law enforcement, to data collected and stored for purposes of the RUC to ensure individual privacy rights are protected pursuant to Section 1 of Article I of the California Constitution. (3) Jurisdictional issues. (4) Feasibility. (5) Complexity. (6) Acceptance. (7) Use of revenues. (8) Security and compliance, including a discussion of processes and security measures necessary to minimize fraud and tax evasion rates. (9) Data collection technology, including a discussion of the advantages and disadvantages of various types of data collection equipment and the privacy implications and considerations of the equipment. (10) Potential for additional driver services. (11) Implementation issues. (b) The California Transportation Commission shall include its recommendations regarding the pilot program in its annual report to the Legislature as specified in Sections 14535 and 14536 of the Government Code. (Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
  54. 3092.5.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )

    Verify source ↗

    This section sets up a road usage charge pilot program, requires agency consultation and committee recommendations, and requires reports on the pilot’s status and findings.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. ) ## 3092.5. (a) Commencing on or after January 1, 2023, the Transportation Agency, in consultation with the California Transportation Commission, shall implement a pilot program to identify and evaluate issues related to the collection of revenue for a road charge program. (b) The Road Usage Charge Technical Advisory Committee shall, by no later than July 1, 2023, make recommendations to the Transportation Agency on the design of the pilot program to test revenue collection, including the group of vehicles to participate in the pilot. (1) In deciding which group of vehicles to recommend for the pilot, the committee shall consider input from industry experts and relevant stakeholders. (2) If a vehicle group other than state-owned vehicles is selected, participation in the pilot shall be voluntary. (3) The committee may make recommendations on the criteria to be used to evaluate the pilot program. (c) The Transportation Agency shall consult with appropriate state agencies, which may include, but are not limited to, the Department of Transportation, the Department of Motor Vehicles, the California Department of Tax and Fee Administration, and the Controller to design a process for collecting road charge revenue from vehicles. The road charge may be collected by the Transportation Agency or by any entities or persons designated by the agency. (d) Participants in the pilot program shall be charged a mileage-based fee as specified in subdivision (e), and receive a credit or a refund for the estimated state fuel taxes and electric vehicle fees paid to operate a vehicle during the pilot. The credit or refund for electric vehicle fees described in Section 9250.6, which are paid annually, shall be prorated. (e) For purposes of calculating the mileage-based fee, participating vehicles shall be equally subdivided and randomly assigned to one of two study groups. One group will be subject to a fee per mile traveled, determined by the committee no later than July 1, 2023, that will be the same for all vehicles in that group. The other group will be subject to an individually calculated fee per mile traveled, that is equal to the state per-gallon fuel tax divided by the United States Environmental Protection Agency’s estimated fuel economy rating for that vehicle based on the manufacturer, model, and year of the vehicle. (f) The pilot program shall not affect funding levels for each program or purpose supported by state fuel tax and electric vehicle fee revenues. (g) Paragraphs (2) and (3) of subdivision (b) and subdivision (c) of Section 3091 shall apply to the pilot program. (h) The Transportation Agency, in consultation with the California Transportation Commission and the committee, shall, by no later than July 1, 2024, prepare and submit an interim report on the status of the pilot program, and by no later than December 31, 2026, the Transportation Agency, in consultation with the California Transportation Commission and the committee, shall prepare and submit a final report of its findings based on the results of the pilot program, to the appropriate policy and fiscal committees of the Legislature. The final report shall include, but not be limited to, a discussion of costs and implementation issues, and an evaluation and comparison of the two fee-calculation methodologies described in subdivision (e), including the effectiveness of those methodologies in ensuring sustainable funding for transportation and their alignment with the state’s climate, air quality, zero-emissions vehicle, and equity goals. The reports required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 308, Sec. 2. (SB 339) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 3093.)
  55. 3093.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )

    Verify source ↗

    This chapter stays in effect until January 1, 2027, then is repealed unless a later statute enacted before that date deletes or extends the date.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093] ( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. ) ## 3093. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2021, Ch. 308, Sec. 3. (SB 339) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 3090.)
  56. 31.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A person must not give false information to a peace officer performing duties under this code.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 31. No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false. (Added by Stats. 1965, Ch. 1264.)
  57. 310.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “driver’s license” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 310. A “driver’s license” is a valid license to drive the type of motor vehicle or combination of vehicles for which a person is licensed under this code or by a foreign jurisdiction. (Amended by Stats. 1971, Ch. 213.)
  58. 310.4.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A “driving instructor” means an employee of a department-licensed driving school who instructs others in operating motor vehicles, unless Section 11105.5 applies.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 310.4. A “driving instructor” is, except as provided in Section 11105.5, an employee of a driving school licensed by the department to instruct others in the operation of motor vehicles. (Added by Stats. 1975, Ch. 703.)
  59. 310.6.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “driving school” and “instruction” for this code section.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 310.6. A “driving school” is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. As used in this section, “instruction” includes classroom driver education, in-vehicle driver training, and correspondence study. (Added by Stats. 1975, Ch. 703.)
  60. 310.8.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “driving school operator.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 310.8. A “driving school operator” is either a driving school owner who operates his own driving school or an employee of a driving school who is designated by the driving school owner of such school to personally direct and manage the school for the owner. (Added by renumbering Section 311.5 by Stats. 1975, Ch. 703.)
  61. 311.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A “driving school owner” means a person licensed by the department to give paid driving instruction or prepare applicants for a driver’s license exam.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 311. A “driving school owner” is any person licensed by the department to engage in the business of giving instruction for compensation in the driving of motor vehicles or in the preparation of an applicant for examination for a driver’s license issued by the department. (Amended by Stats. 1975, Ch. 703.)
  62. 312.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “drug” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 312. The term “drug” means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. (Added by Stats. 1971, Ch. 1530.)
  63. 312.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines electric bicycle classes and requires manufacturers and distributors to label electric bicycles with specific information.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 312.5. (a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour. (2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. (4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour. (b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11. (c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type. (d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles: (1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. (2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts. (3) A vehicle that is modified to have its operable pedals removed. (Amended by Stats. 2024, Ch. 791, Sec. 2. (SB 1271) Effective January 1, 2025.)
  64. 313.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “electric personal assistive mobility device” (EPAMD).

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 313. The term “electric personal assistive mobility device” or “EPAMD” means a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour. (Amended by Stats. 2007, Ch. 106, Sec. 1. Effective January 1, 2008.)
  65. 313.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines an “electrically motorized board” by size, single-rider design, electric power, and speed limits.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 313.5. An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. (Added by Stats. 2015, Ch. 777, Sec. 1. (AB 604) Effective January 1, 2016.)
  66. 31301.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    Generally, no one may move certain hazardous materials through the Caldecott Tunnel except during 3 a.m. to 5 a.m.; the Department of Transportation also has authority to set a reduced speed limit and adopt related vehicle-movement regulations.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31301. (a) No person shall transport any explosive substance, flammable liquid, liquefied petroleum gas or poisonous gas in a tank truck, trailer, or semitrailer through the Caldecott Tunnel located on State Highway, Route 24, near the Alameda-Contra Costa County boundary, connecting Oakland with Contra Costa County in the East Bay area at any time other than between the hours of 3 a.m. to 5 a.m. (b) The Department of Transportation may, in compliance with the requirements of Article 1 (commencing with Section 22400) of Division 11, determine and declare a reduced speed limit, lower than the maximum speed of 55 miles per hour, found most appropriate for traffic safety between the hours of 3 a.m. and 5 a.m. (c) Nothing in this section shall be construed as a limitation or restriction on the power of the Department of Transportation, conferred by any other provision of law, to adopt regulations with regard to the movement of vehicles, including, but not limited to, tank truck vehicles transporting any cargo specified under subdivision (a) through the Caldecott Tunnel. If, pursuant to any such other law, the Department of Transportation adopts or amends regulations after the effective date of this section, which adopted or amended regulations govern the movement of vehicles subject to subdivision (a), then on the operative date of those regulations, this section shall no longer be operative. (Added by Stats. 1982, Ch. 1140, Sec. 1. Effective September 20, 1982. Conditionally inoperative as provided in subd. (c).)
  67. 31303.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    This section sets routing and handling rules for certain hazardous materials and hazardous waste during highway transport.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31303. (a) The provisions of this section apply to the highway transportation of hazardous materials and hazardous waste for which the display of placards or markings is required pursuant to Section 27903. This section does not apply to hazardous materials being transported on specified routes pursuant to Section 31616 or 33000. (b) Unless restricted or prohibited pursuant to Section 31304, the transportation shall be on state or interstate highways which offer the least overall transit time whenever practicable. (c) The transporter shall avoid, whenever practicable, congested thoroughfares, places where crowds are assembled, and residence districts as defined in Section 515. (d) Vehicles used for the transportation shall not be left unattended or parked overnight in a residence district as defined in Section 515. (e) When transporting hazardous waste pursuant to Section 25169.3 of the Health and Safety Code, all provisions of the waste hauler transportation safety plan, as approved by the State Department of Health Services, shall be complied with. (f) Transportation which deviates from the routes required by this section shall not be excused on the basis of operating convenience. (g) Notwithstanding subdivisions (b) and (c), vehicles engaged in the transportation may also use any of the following highways: (1) Highways which provide necessary access to local pickup or delivery points consistent with safe vehicle operation. (2) Highways which provide reasonable access to fuel, repairs, rest, or food facilities that are designed and intended to accommodate commercial vehicle parking, when that access is consistent with safe vehicle operation and when the facility is within one-half road mile of points of entry or exit from the state or interstate highway being used. (3) Highways restricted or prohibited pursuant to this section when no other lawful alternative exists. (h) This section shall become operative on January 1, 1987. (Repealed (in Sec. 1) and added by Stats. 1985, Ch. 814, Sec. 2. Section operative January 1, 1987, by its own provisions. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  68. 31304.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    The California Highway Patrol, or a city or county in some cases, may restrict or prohibit hazardous materials routes on certain highways if specified safety and notice requirements are met. Emergency or special-circumstances deviations may be allowed with law-enforcement concurrence.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31304. (a) The transportation of hazardous materials and hazardous waste for which the display of placards or markings is required pursuant to Section 27903 may be restricted or prohibited, by the Department of the California Highway Patrol, after consultation with the Department of Transportation, with regard to state or interstate highways, or by a city or county by ordinance or resolution, after formal notice to the Department of the California Highway Patrol and with the concurrence of their appropriate transportation planning agency defined in Section 29532 of the Government Code, with regard to specified highways under their control, if all of the following requirements are met: (1) The respective highway is appreciably less safe than a reasonable alternate highway as determined by using either of the following criteria: (A) The “Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials” prepared by the Federal Highway Administration (FHWA A-IP-80-15). (B) The Department of the California Highway Patrol or the city or county, whichever has jurisdiction pursuant to subdivision (a), determines that the respective highway is located within the watershed of a drinking water reservoir which meets all of the following requirements: (i) The reservoir is owned or operated by a public water system, as defined in Section 116275 of the Health and Safety Code. (ii) The reservoir has a capacity of at least 10,000 acre feet. (iii) The reservoir directly serves a water treatment plant, as defined in Section 116275 of the Health and Safety Code. (iv) The reservoir is impounded by a dam, as defined in Section 6002 of the Water Code. (v) The reservoir’s shoreline is located within 500 feet of the highway. (2) The restriction or prohibition on the use of the highway pursuant to this section is not precluded or preempted by federal law. (3) The restriction or prohibition does not eliminate necessary access to local pickup or delivery points consistent with safe vehicle operation; does not eliminate reasonable access to fuel, repairs, rest, or food facilities that are designed and intended to accommodate commercial vehicle parking, when that access is consistent with safe vehicle operation and when the facility is within one-half road mile of points of entry or exit from the state or interstate highway being used; or does not restrict or prohibit the use of highways when no other lawful alternative exists. (4) Written concurrence has been obtained from affected surrounding jurisdictions, including, but not limited to, state agencies, counties, cities, special districts, or other political subdivisions of the state, that the proposed restriction or prohibition is not incompatible with through transportation. If written concurrence is not granted by one of the affected surrounding jurisdictions, that action may be appealed to the appropriate transportation planning agency for final resolution. (5) The highway is posted by the agency responsible for highway signs on that highway in conformity with standards of the Department of Transportation. (6) A list of the routes restricted or prohibited is submitted to the Department of the California Highway Patrol. (7) The highway is included in a list of highways restricted or prohibited pursuant to this section which is published by the Department of the California Highway Patrol and is available to interested parties for not less than 14 days. (b) Notwithstanding any prohibition or restriction adopted pursuant to subdivision (a), deviation from restricted or prohibited routes is authorized in an emergency or other special circumstances with the concurrence of a member of the agency having traffic law enforcement authority for the highway. (Amended by Stats. 2002, Ch. 104, Sec. 1. Effective January 1, 2003.)
  69. 31305.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    The Department of the California Highway Patrol may preempt certain local restrictions or prohibitions on petition, and must hold a public hearing and decide whether to uphold or deny a petition challenging a preemption.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31305. (a) Upon receipt of a written petition from a local jurisdiction or motor carrier adversely affected by a restriction or prohibition adopted pursuant to Section 31304, the Department of the California Highway Patrol may preempt any local restriction or prohibition that, in its opinion, is not compatible with reasonable and necessary access or the use of highways when no other lawful alternative exists as provided for in paragraph (3) of subdivision (a) of that section, or through transportation as provided for in paragraph (4) of subdivision (a) of that section. (b) Upon receipt of a written petition from a local jurisdiction or motor carrier adversely affected by a preemption issued pursuant to subdivision (a), the Department of the California Highway Patrol, after holding a public hearing, shall render a decision upholding or denying the petition. (c) This section shall become operative on January 1, 1987. (Added by Stats. 1985, Ch. 814, Sec. 4. Section operative January 1, 1987, by its own provisions.)
  70. 31306.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    The Department of the California Highway Patrol must publish or update, every six months, a list of highways restricted or prohibited under Section 31304(a).

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31306. (a) A list of highways restricted or prohibited pursuant to subdivision (a) of Section 31304 shall be published or updated by the Department of the California Highway Patrol semiannually. (b) This section shall become operative on January 1, 1987. (Added by Stats. 1985, Ch. 814, Sec. 5. Section operative January 1, 1987, by its own provisions.)
  71. 31307.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    Vehicle owners and their authorized agents must not drive, direct, or knowingly allow driving that violates Sections 31303 or 31304.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31307. (a) It is unlawful for the owner of any vehicle or the authorized agent of the owner to drive, or to direct or knowingly permit the driving of, the vehicle in violation of Section 31303 or 31304. Violation of any of these sections is a misdemeanor punishable as follows: (1) For a first violation, a fine not exceeding five hundred dollars ($500), imprisonment in the county jail not exceeding 60 days, or both the fine and imprisonment. (2) For a second violation within a 12-month period, a fine not exceeding one thousand dollars ($1,000), imprisonment in the county jail not exceeding 60 days, or both the fine and imprisonment. (3) For a third or subsequent violation within a 12-month period, a fine not exceeding two thousand five hundred dollars ($2,500), imprisonment in the county jail not exceeding 120 days, or both the fine and imprisonment. (b) Additionally, upon recommendation of the Department of the California Highway Patrol, three or more violations of these sections constitute grounds for suspension or revocation of registration, or denial of an application for registration under Section 25163 of the Health and Safety Code by the State Department of Health Services. Proceedings in these cases shall be subject to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) This section shall become operative on January 1, 1987. (Added by Stats. 1985, Ch. 814, Sec. 6. Section operative January 1, 1987, by its own provisions. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  72. 31308.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    Section 31308 says Sections 31303 and 31304 do not shield a person from other provisions of the Vehicle Code, and the section became operative on January 1, 1987.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31308. (a) Nothing contained in Section 31303 or 31304 shall be deemed to exempt any person subject to these sections from other provisions of this code. (b) This section shall become operative on January 1, 1987. (Added by Stats. 1985, Ch. 814, Sec. 7. Section operative January 1, 1987, by its own provisions.)
  73. 31309.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. )

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    Hazardous-materials transport that requires placards must follow California Highway Patrol regulations.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Hazardous Materials [31301 - 31309] ( Heading of Article 1 amended by Stats. 1984, Ch. 1683, Sec. 1. ) ## 31309. Notwithstanding Section 34500 and subdivision (a) of Section 34501, the transportation of hazardous materials in a manner requiring that placards be displayed on the transporting vehicle pursuant to Section 27903, shall comply with regulations adopted by the California Highway Patrol pursuant to subdivision (b) of Section 34501. (Added by Stats. 1990, Ch. 429, Sec. 3.)
  74. 314.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Expressway” means a highway segment that is part of certain county expressway systems.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 314. An “expressway” is a portion of highway that is part of either of the following: (a) An expressway system established by a county under Section 941.4 of the Streets and Highways Code. (b) An expressway system established by a county before January 1, 1989, as described in subdivision (g) of Section 941.4 of the Streets and Highways Code. (Added by Stats. 2004, Ch. 615, Sec. 17. Effective January 1, 2005.)
  75. 31400.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    Trucks used primarily or regularly to transport workmen must be fitted with secure seats, and if they are motortrucks, a side-and-end railing or enclosure at least 46 inches above the floor. They also must have steps, stirrups, or similar devices for safe mounting and dismounting.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31400. Trucks used primarily or regularly for the transportation of workmen shall be: (a) Equipped with seats securely fastened to the vehicle. (b) Equipped, if a motortruck, with a railing or other suitable enclosure on the sides and end of the vehicle not less than 46 inches above the floor of the vehicle. (c) Equipped with steps, stirrups, or other equivalent devices so placed and arranged that the vehicle may be safely mounted and dismounted. (Added by Stats. 1968, Ch. 1019.)
  76. 31401.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    The department must adopt safety regulations for farm labor vehicles and inspect them at least once a year. Drivers may not operate these vehicles unless a current department inspection certificate is displayed.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31401. (a) The department shall adopt regulations designed to promote the safe operation of farm labor vehicles described in Section 322, including, but not limited to, vehicular design, equipment, passenger safety, and seating. (b) The department shall inspect every farm labor vehicle described in Section 322 at least once annually to ascertain whether its construction, design, and equipment comply with all provisions of law. No person shall drive any farm labor vehicle described in Section 322 unless there is displayed therein a certificate issued by the department stating that on a stated day, which shall be within 13 months of the date of operation, an authorized employee of the department inspected the vehicle and found on the date of inspection the vehicle complied with applicable regulations relating to construction, design, and equipment. The commissioner shall provide by rule or regulation for the issuance and display of distinctive inspection certificates. (c) The department may inspect any vehicle subject to these regulations in maintenance facilities, terminals, labor camps, or other private property of the vehicle owner or the farm labor contractor to insure compliance with the provisions of this code and regulations adopted pursuant to this section. (d) The owner of any farm labor vehicle or any farm labor contractor, as defined in Section 1682 of the Labor Code, who rents a farm labor vehicle or who otherwise uses a farm labor vehicle to transport individuals is responsible for the inspection required under subdivision (b). (e) An owner of any farm labor vehicle or any farm labor contractor who operates a farm labor vehicle under the circumstances described in subdivision (d) may not operate that vehicle unless the vehicle has a current certificate described in subdivision (b). (f) It is unlawful to violate any provision of these regulations or this section. (Amended by Stats. 1999, Ch. 556, Sec. 3. Effective September 29, 1999.)
  77. 31401.5.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    The department must make regulations for a display sticker on farm labor vehicles, and owners or operators must request inspections on time and not operate without the required certification.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31401.5. (a) The department shall develop, by regulation, specifications for a display sticker that shall be clearly displayed on every farm labor vehicle. This display sticker shall list the inspection certification date pursuant to this section and the “800” telephone reporting system required by Section 2429. (b) The regulations of the department shall require every owner or operator of a farm labor vehicle to request the scheduling of the inspection required under subdivision (b) of Section 31401 as follows: (1) The owner or operator of a farm labor vehicle that has a current inspection certificate pursuant to Section 31401 shall make the request for inspection not later than four weeks prior to the expiration date of the certificate. (2) The owner or operator of a farm labor vehicle required to have its initial inspection shall make the request for inspection not later than three business days prior to the requested date. (c) In no event shall the owner or operator of a farm labor vehicle allow the operation of a farm labor vehicle without the proper certification requirements specified under Section 31401. (Added by Stats. 1999, Ch. 557, Sec. 4. Effective September 29, 1999.)
  78. 31402.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    A person generally may not operate a farm labor vehicle unless the limited return-to-base exception applies and the vehicle has been brought into compliance and approved by the department.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31402. (a) No person may operate any farm labor vehicle except as may be necessary to return the unladen vehicle or combination of vehicles to the residence or place of business of the owner or driver, or to a garage, after notice by the department to the owner that the vehicle is in an unsafe condition or is not equipped as required by this code, or any regulations adopted thereunder, until the vehicle and its equipment have been made to conform with the requirements of this code, or any regulations adopted thereunder, and approved by the department. (b) (1) A person who operates a farm labor vehicle in violation of this section while the vehicle is in a condition that presents an immediate safety hazard is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or both that fine and a sentence of confinement for not more than six months in the county jail. No part of any fine imposed under this subdivision may be suspended. (2) As used in this subdivision, an “immediate safety hazard” is any equipment violation described in subdivision (a) of Section 31401 or Section 31405, including any violation of a regulation adopted pursuant to that provision or those provisions. (c) Any member of the Department of the California Highway Patrol may impound a farm labor vehicle operated in violation of this section pursuant to Section 34506.4. A farm labor vehicle shall not be impounded unless a member of that department determines that a person has failed to comply with subdivision (a) or a person fails to comply with a lawful out-of-service order, as described in subdivision (b) of Section 2800. (Amended by Stats. 2000, Ch. 873, Sec. 3. Effective January 1, 2001.)
  79. 31403.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    An owner, farm labor contractor, or driver must not use a farm labor vehicle to carry passengers if they know it is unsafe or not properly equipped, until it has been fixed or equipped and certified by a competent mechanic.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31403. A farm labor vehicle known to an owner, farm labor contractor, or driver, to be unsafe, or not equipped as required by this code, or any regulations adopted thereunder, shall not be used for transporting any passengers until it is examined and repaired or equipped as required by this code, or any regulations adopted thereunder, and certified by a competent mechanic to be safe and lawfully equipped. (Added by Stats. 1974, Ch. 1447.)
  80. 31404.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    Operating a farm labor vehicle, or knowingly allowing it to operate, in violation of the listed provisions is a misdemeanor and can trigger fines.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31404. Any person who operates, or any owner or farm labor contractor who knowingly allows the operation of, a farm labor vehicle in violation of subdivision (b) or (d) of Section 31401 or Section 31402 or 31403 is guilty of a misdemeanor. When a person has been convicted of willfully violating those provisions, the person shall, in addition, be fined not less than one thousand dollars ($1,000) for each violation, and no part of the fine may be suspended. If passengers are in the vehicle at the time of the violation, the person shall, in addition, be fined five hundred dollars ($500) for each passenger, not to exceed a total of five thousand dollars ($5,000) for each violation, and no part of this fine may be suspended. As used in this section, the terms “knowingly” and “willfully” have the same meaning as prescribed in Section 7 of the Penal Code. (Amended by Stats. 1999, Ch. 556, Sec. 4. Effective September 29, 1999.)
  81. 31405.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    Farm labor vehicles covered by this section must have seatbelts at each passenger position, owners must keep them in good working order, and people may not operate the vehicle on a highway unless everyone is properly restrained. The department also may not issue an initial inspection certificate to an unbelted vehicle and must adopt implementing regulations.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31405. (a) Except as authorized under paragraph (1) of subdivision (e), every farm labor vehicle issued an inspection certificate under Section 31401 shall be equipped at each passenger position with a Type 1 or Type 2 seatbelt assembly, conforming to the specifications set forth in Section 571.209 of Title 49 of the Code of Federal Regulations, that is anchored to the vehicle in a manner that conforms to the specifications of Section 571.210 of Title 49 of the Code of Federal Regulations. (b) Except as authorized under paragraph (1) of subdivision (e), the department may not issue an initial inspection certificate under Section 31401 to any farm labor vehicle that is not equipped with a seatbelt assembly at each passenger position, as described in subdivision (a). (c) The owner of a farm labor vehicle shall maintain all seatbelt assemblies and seatbelt assembly anchorages required under this section in good working order for the use of passengers. (d) Except as authorized under paragraph (1) of subdivision (e) or subdivision (d) of Section 23116, no person may operate a farm labor vehicle on a highway unless that person and all passengers are properly restrained by a seatbelt assembly that conforms to this section. (e) (1) Until January 1, 2007, this section does not apply to a farm labor vehicle that meets the definition in subdivision (a) of Section 233, meets all state and federal standards for safety and construction, and is not currently required to have seatbelts. (2) On or after January 1, 2007, any farm labor vehicle that meets the conditions set forth in paragraph (1) shall be equipped at each passenger position with a seatbelt assembly as described in subdivision (a), unless exempted from this requirement under the regulations promulgated under Section 31401. (f) The department shall adopt regulations to implement this section. (Amended by Stats. 2000, Ch. 308, Sec. 3. Effective January 1, 2001.)
  82. 31406.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    This section forbids transporting people in, or installing seats in, a farm labor vehicle unless the seating complies with federal safety standard 49 CFR 571.207.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31406. (a) No person may be transported in a farm labor vehicle that does not have all passenger seating positions in compliance with Section 571.207 of Title 49 of the Code of Federal Regulations, as that provision exists now or may hereafter be amended. (b) No person may install a seat or seating system in a farm labor vehicle unless that seat or seating system is in compliance with Section 571.207 of Title 49 of the Code of Federal Regulations, as that provision exists now or may hereafter be amended. (c) This section shall become operative on March 31, 2002. (Added by Stats. 2000, Ch. 308, Sec. 4. Effective January 1, 2001. Section operative March 31, 2002, by its own provisions.)
  83. 31407.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    Tools and materials carried in a farm labor vehicle’s passenger compartment must be secured so they do not move, and sharp tools must be kept in latched containers attached to the vehicle.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31407. All cutting tools or tools with sharp edges carried in the passenger compartment of a farm labor vehicle shall be placed in securely latched containers that are firmly attached to the vehicle. All other tools, equipment, or materials carried in the passenger compartment shall be secured to the body of the vehicle to prevent their movement while the vehicle is in motion. Under no circumstances shall those tools, equipment, or materials obstruct an aisle or an emergency exit. (Added by Stats. 2000, Ch. 308, Sec. 5. Effective January 1, 2001.)
  84. 31408.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    A person may not drive a farm labor vehicle on a highway unless both required headlamps are lit, at any time of day.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31408. No person may operate a farm labor vehicle on a highway unless both headlamps required under Section 24400 are lighted, regardless of the time of day. (Added by Stats. 1999, Ch. 556, Sec. 5. Effective September 29, 1999.)
  85. 31409.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. )

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    Certain public-transit vehicles used to transport farmworkers must follow farm labor vehicle rules and related regulations.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicles Transporting Workmen [31400 - 31409] ( Article 2 repealed and added by Stats. 1968, Ch. 1019. ) ## 31409. Notwithstanding paragraph (2) of subdivision (c) of Section 322, any vehicle owned or operated by or for a public transit system that is purchased with funds appropriated pursuant to Item 2660-103-0046 of Section 2.00 of the Budget Act of 2000 (Chapter 52 of the Statutes of 2000) or pursuant to Section 5309 of Title 49 of the United States Code and is used to transport farmworkers for any farmworker transportation program shall comply with the farm labor vehicle provisions contained in, and the regulations promulgated under, this chapter, relating to the following: (a) (1) Annual farm labor vehicle inspection and certification. (2) Following initial certification, the inspection and certification of buses designed, used, or maintained for carrying more than 15 persons, including the driver, shall be conducted during the inspection required by subdivision (c) of Section 34501. (b) Seatbelt installation. (c) Illumination of headlamps. (d) Storage and securing of tools in passenger compartments. (Added by Stats. 2000, Ch. 308, Sec. 6. Effective January 1, 2001.)
  86. 315.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Essential parts” means the integral and body parts of a registrable vehicle, where removing, altering, or substituting them would tend to hide the vehicle’s identity or significantly change its appearance.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 315. “Essential parts” are all integral and body parts of a vehicle of a type required to be registered under this code, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance. (Enacted by Stats. 1959, Ch. 3.)
  87. 31540.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 7. Tank Containers [31540- 31540.] ( Article 7 added by Stats. 1963, Ch. 1580. )

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    The department must adopt and enforce public-safety regulations for transporting certain freight van, tank, and collapsible containers, and people must comply with those regulations.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 7. Tank Containers [31540- 31540.] ( Article 7 added by Stats. 1963, Ch. 1580. ) ## 31540. (a) The department shall adopt and enforce such regulations as it determines are necessary for public safety regarding the transportation of: (1) Freight van or tank containers which can be removed from the running gear or chassis of a truck or trailer, and (2) Collapsible containers used to transport liquids on flatbed vehicles. (b) It is unlawful to fail to comply with any provision of the regulations adopted by the department. (Amended by Stats. 1968, Ch. 1192.)
  88. 31560.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 8. Waste Tires [31560- 31560.] ( Article 8 added by Stats. 1996, Ch. 304, Sec. 5. )

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    People transporting 10 or more used tires or waste tires must register with the California Integrated Waste Management Board, unless exempt.

    ## Vehicle Code - VEH ## DIVISION 13. TOWING AND LOADING EQUIPMENT [29000 - 31560] ( Division 13 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Transporting Other Loads [31301 - 31560] ( Chapter 5 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 8. Waste Tires [31560- 31560.] ( Article 8 added by Stats. 1996, Ch. 304, Sec. 5. ) ## 31560. (a) A person operating a vehicle, or combination of vehicles, in the transportation of 10 or more used tires or waste tires, or a combination of used tires and waste tires totaling 10 or more, as defined in Section 42950 of the Public Resources Code, shall be registered with the California Integrated Waste Management Board, unless specifically exempted, as provided in Chapter 19 (commencing with Section 42950) of Part 3 of Division 30 of the Public Resources Code and in regulations adopted by the board to implement that chapter. (b) It is unlawful and constitutes an infraction for a person engaged in the transportation of 10 or more used tires or waste tires, or a combination of used tires and waste tires totaling 10 or more, to violate a provision of this article or Section 42951 of the Public Resources Code. (Amended by Stats. 2008, Ch. 696, Sec. 31. Effective September 30, 2008.)
  89. 31600.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    This section defines what counts as an “explosive” or “explosives” for this division, and lists several items and exceptions.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31600. 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) 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) 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) “Explosive” or “explosives” does not include small arms ammunition or any other division 1.4 explosive. (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) 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). (Amended by Stats. 2004, Ch. 247, Sec. 17. Effective August 23, 2004.)
  90. 31601.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    This section says when Division 14 applies to transporting explosives and related licensing, including a 1,000-pound threshold.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 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) 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. (Amended by Stats. 1981, Ch. 912, Sec. 6. Effective September 28, 1981.)
  91. 31602.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Owners and drivers transporting explosives have to follow licensing, route, and stopping-place rules, with misdemeanor liability for violations.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 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) 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) 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) 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. (Amended by Stats. 1970, Ch. 1315.)
  92. 31607.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    People operating or allowing operation of vehicles used to transport explosives must ensure the vehicles are inspected, including before transport and during transport at specified stops and intervals.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 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) 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) 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. (Amended by Stats. 1961, Ch. 228.)
  93. 31608.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    A required vehicle inspection under Section 31607(b) must include brakes, ignition and lighting systems, tires, and any supplemental equipment required by Section 31610.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31608. The inspection of a vehicle required under subdivision (b) of Section 31607 shall include inspection of the following: (a) Brakes and the brake system. (b) The ignition and lighting systems. (c) All tires on the equipment. (d) All supplemental equipment as required by Section 31610. (Amended by Stats. 1959, Ch. 1996.)
  94. 31609.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    People transporting explosives must keep inspection records, have them certified, make them at the time of inspection, and show them on demand to specified enforcement officers.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31609. 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. (Amended by Stats. 1970, Ch. 1315.)
  95. 31610.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Vehicles used to transport explosives must be equipped and maintained to specified safety standards, and they must not carry flame-producing signal devices.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31610. 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) Brakes and the brake system shall be maintained in good and safe operating condition. (b) The ignition and lighting systems shall be maintained in good operating condition. (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) 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) No flare, fusee, oil lantern, or any signal device producing a flame shall be carried upon any vehicle or combination of vehicles. (Amended by Stats. 1971, Ch. 754.)
  96. 31611.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Owners of vehicles used to transport explosives must keep the current route map and safe stopping places in each vehicle, and must make sure drivers know the division before driving.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31611. 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. (Amended by Stats. 1971, Ch. 754.)
  97. 31612.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Vehicle operators transporting explosives must not accept a shipment unless it comes with the required shipping paper, and they must carry and show that paper when asked.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31612. 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. (Amended by Stats. 1970, Ch. 1315.)
  98. 31613.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Cargoes of explosives must not include certain flammable, corrosive, oxidizing, or combustible materials, and blasting caps have separate transport restrictions, subject to DOT loading-chart exceptions.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31613. 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. (Amended by Stats. 1970, Ch. 1315.)
  99. 31614.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Vehicles transporting explosives must follow special route, loading, parking, and fire-safety rules.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31614. The following provisions shall apply to any vehicle transporting explosives subject to this division: (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) 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) 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) 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) 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) 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) 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) 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) No person shall transport any explosives in a passenger vehicle, or bus, which is subject to this division. (Amended by Stats. 1971, Ch. 754.)
  100. 31615.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    This section says vehicles transporting explosives, and their owners or other persons, are not exempt from other code provisions.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31615. 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. (Enacted by Stats. 1959, Ch. 3.)
  101. 31616.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    The Department of the California Highway Patrol must designate explosive-transport routes by regulation, after consulting specified fire, transport, manufacturing, and fire marshal officials.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31616. 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. (Amended by Stats. 1988, Ch. 63, Sec. 1. Effective March 30, 1988.)
  102. 31616.5.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    The Office of Administrative Law must complete its review of regulations adopted under Section 31616 within 15 days after the regulations are submitted for review.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31616.5. 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. (Added by Stats. 1988, Ch. 63, Sec. 2. Effective March 30, 1988.)
  103. 31617.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    In an emergency, the California Highway Patrol may change or temporarily add routes for transporting explosives, but it must consult local fire officials unless that is impracticable and must notify them immediately if changes are made first.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31617. 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. (Amended by Stats. 1970, Ch. 1315.)
  104. 31618.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Violating any provision of this division is a misdemeanor, with higher penalties for repeat violations.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31618. 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) 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) 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. (Amended by Stats. 1988, Ch. 1384, Sec. 3.)
  105. 31619.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    Smokeless powder may be transported only under stated conditions, including a 100-pound limit, approved containers, and use of a highway route not designated for explosives.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31619. 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. (Amended by Stats. 1970, Ch. 1315.)
  106. 31620.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. )

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    The Department of the California Highway Patrol may suspend or waive some explosives-transport rules in certain areas if conditions are met, and no one may be charged for a violation while that suspension or waiver is in effect.

    ## Vehicle Code - VEH ## DIVISION 14. TRANSPORTATION OF EXPLOSIVES [31600 - 31620] ( Division 14 enacted by Stats. 1959, Ch. 3. ) ## 31620. 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. (Amended by Stats. 1970, Ch. 1315.)
  107. 32.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    If local authorities may act by ordinance under the cited divisions, they also may use a resolution for that same action.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 32. Whenever local authorities are given the power to take action by ordinance pursuant to Division 11 (commencing with Section 21000) and Division 15 (commencing with Section 35000), they shall also have the power to take such action by resolution. (Added by Stats. 1972, Ch. 1095.)
  108. 320.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “established place of business” as a place regularly or continuously occupied by certain vehicle-related businesses that keep required books and records there.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 320. “Established place of business” is a place actually occupied either continuously or at regular periods by any of the following: (a) A dealer, remanufacturer, remanufacturer branch, manufacturer, manufacturer branch, distributor, distributor branch, automobile driving school, or traffic violator school where the books and records pertinent to the type of business being conducted are kept. (b) An automobile dismantler where the books and records pertinent to the type of business being conducted are kept. A place of business of an automobile dismantler which qualified as an “established place of business” before September 17, 1970, is an “established place of business” as defined in this section. (c) A registration service where the books and records pertinent to the type of business being conducted are kept. (Amended by Stats. 1992, Ch. 1243, Sec. 54. Effective September 30, 1992.)
  109. 320.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “extralegal load” and excludes loads on passenger cars from the section.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 320.5. An “extralegal load” is a single unit or an assembled item which, due to its design, cannot be reasonably reduced or dismantled in size or weight so that it can be legally transported as a load without a permit as required by Section 35780. This section does not apply to loads on passenger cars. (Added by Stats. 1983, Ch. 145, Sec. 1. Effective June 28, 1983.)
  110. 32000.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    The law states an intent to protect the public by licensing motor carriers that transport hazardous material, and authorizes the Department of the California Highway Patrol to inspect and license them.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32000. It is the intent of the Legislature, by enacting this division, that the public be provided additional protection through the licensing of motor carriers transporting hazardous material. The Department of the California Highway Patrol shall be authorized to inspect and license the motor carriers with special attention directed to the negligent operators or repeat violators. (Added by Stats. 1981, Ch. 860, Sec. 13.)
  111. 32000.5.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    Certain motor carriers transporting explosives or hazardous materials must be licensed, unless an exemption applies.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 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. (Amended by Stats. 2009, Ch. 111, Sec. 1. (AB 463) Effective January 1, 2010.)
  112. 32001.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    Authorized department employees may inspect hazardous-material vehicles and shipments, carriers must meet several conditions before directing transport, and drivers of locked cargo bodies must check locks and record the check.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32001. (a) (1) Any authorized employee of the department may inspect any sealed or unsealed vehicle, container, or shipment subject to this division in maintenance facilities, terminals, or other public or private property to ascertain the quantity and kind of hazardous material and to ensure compliance with the provisions of this code and regulations adopted pursuant to this code. (2) If a seal is opened for inspection, the department shall reseal any vehicle, container, or shipment prior to further transportation. (b) Unless specifically stated, nothing contained in this division shall be deemed to exempt any vehicle transporting a hazardous material subject to this division or the operator or any other person from other provisions of this code. (c) No motor carrier shall direct the transportation of any shipment of a hazardous material in any vehicle unless all of the following are complied with: (1) The vehicle is equipped as required by this code and applicable regulations adopted pursuant to law. (2) The shipment complies with laws and regulations pertaining to the shipment or transportation of hazardous material. (3) The motor carrier holds a valid license for the transportation of hazardous materials. (4) (A) A vehicle or combination of vehicles required to display placards pursuant to Section 27903 is equipped with a two-way communication device, maintained in good working order, that enables the driver to contact the personnel responsible for the safety operations of the motor carrier in the event of an emergency. (B) For the purposes of this section, “two-way communication device” means a radio, cellular telephone, or other similar device that permits communication between the driver and personnel responsible for the safety operations of the motor carrier. (5) (A) The enclosed cargo body, when the display of placards is required pursuant to Section 27903, shall be locked and remain locked during transit of the hazardous materials so as to prevent any unauthorized entry and shall be opened only during loading, unloading, or at the direction of a peace officer, an authorized employee of the department, or a person authorized pursuant to Section 25185 of the Health and Safety Code. (B) A driver transporting hazardous material in a locked cargo body shall verify that all locks are in place if the vehicle has been left unattended for any length of time. Each driver shall make a notation in his or her log book of the time and date that the verification occurred. (C) For the purposes of this section, “cargo body” means a fully enclosed area that is an integral part of the vehicle and designed to encapsulate the entire load, such as a van body or an intermodal freight container, and does not mean a tank or flatbed type of vehicle. (d) The commissioner may issue exemptions from the provisions of this section. (e) Nothing in this section shall limit the ability of other state or local agencies to carry out their regulatory, enforcement, or emergency response duties under other provisions of law. (Amended by Stats. 2002, Ch. 610, Sec. 4. Effective January 1, 2003.)
  113. 32002.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    The commissioner may adopt regulations for this division. Motor carriers must not violate the division or its regulations, and they must not cause hazardous-material vehicle operations that require a license unless the carrier has a valid hazardous-materials license.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32002. (a) The commissioner may adopt any regulations that are necessary to administer this division. It is a misdemeanor for any motor carrier to violate this division or regulations adopted pursuant to this division. (b) Notwithstanding subdivision (a), it is unlawful for the motor carrier or the person who directs the driver to operate a vehicle transporting hazardous material, when that transportation requires a license pursuant to this division, to cause the operation of the vehicle unless the motor carrier holds a valid license for the transportation of hazardous materials. A violation of this subdivision shall be punished as follows: (1) For a first violation, by a fine of not less than two thousand dollars ($2,000). (2) For a second or subsequent violation, by a fine of not less than four thousand dollars ($4,000). (Amended by Stats. 1988, Ch. 1384, Sec. 4.)
  114. 32002.5.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    The commissioner may temporarily suspend a hazardous material hauling license before a hearing, and must later give notice, hold a prompt hearing, and decide the matter within 10 days after the hearing. A longer suspension is required if the license holder lets certain radioactive shipments be transported by an unlicensed person.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32002.5. (a) The commissioner may temporarily suspend a license to haul hazardous material prior to any hearing, when, in the commissioner’s opinion, the action is necessary to prevent an imminent and substantial danger to the public health. The commissioner shall notify the holder of the license of the temporary suspension and the effective date thereof and, at the same time, shall serve the person with an accusation. Upon receipt of a notice of defense to the accusation, the commissioner shall set the matter for a hearing which shall be held as soon as possible, but not later than 10 days after receipt of the notice of defense. The temporary suspension shall remain in effect until the hearing is completed and the commissioner has made a final determination on the merits, which, in any event, shall be made within 10 days after the completion of the hearing. If the determination is not transmitted within 10 days after the hearing is completed, the temporary suspension is of no further effect. (b) The commissioner shall suspend a license to transport hazardous material of a person or motorcarrier, for a period of at least 90 days but not more than 180 days, if the holder of the license permits the transportation of fissile class III shipments or highway route controlled quantity radioactive materials, as defined in Subpart I (commencing with Section 173.401) of Part 173 of Title 49 of the Code of Federal Regulations, by a person who does not possess a license of the appropriate class and an attached radioactive materials driver’s certificate or an endorsement issued under Article 6 (commencing with Section 15275) of Chapter 7 of Division 6. (Amended by Stats. 1992, Ch. 1243, Sec. 92. Effective September 30, 1992.)
  115. 32003.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    Fees collected for hazardous material transportation license issuance or renewal must be deposited into the Motor Vehicle Account, and those fees may be used for the department’s hazardous materials inspection and licensing program only after legislative appropriation.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32003. (a) All fees collected by the department pursuant to the issuance or renewal of a license for the transportation of hazardous material shall be deposited in the Motor Vehicle Account of the State Transportation Fund. (b) All moneys collected from these fees shall be used for the support of the hazardous materials inspection and licensing program of the department upon appropriation therefor by the Legislature. (Added by Stats. 1981, Ch. 860, Sec. 13.)
  116. 32004.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. )

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    The Attorney General may bring a civil action to enjoin violations of this division, if requested by the department.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 1. Licensing [32000 - 32004] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1222, Sec. 1. ) ## 32004. Any violation of any provision of this division may be enjoined in a civil action brought by the Attorney General in the name of the people of the State of California, upon request of the department, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss. (Added by Stats. 1981, Ch. 860, Sec. 13.)
  117. 32050.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. )

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    Carriers transporting certain hazardous materials in bulk must give advance written notice to the department before transport or delivery to a carrier, and the department and local law enforcement must pass the notice along.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. ) ## 32050. (a) Prior to the transport of anhydrous hydrazine, methylhydrazine, dimethylhydrazine, Aerozine 50, fuming nitric acid, liquid fluorine, or nitrogen tetroxide in bulk packaging, except when that packaging contains only residue, outside the confines of a facility where that material was used or stored, or prior to the delivery of that bulk material to a carrier for transport, each carrier shall provide advance notification, in writing, of the shipment, to the department, which, in turn, shall notify the sheriff of each county and police chief of each city in which is located the proposed route. Notification shall be made through the Department of Justice’s California Law Enforcement Telecommunications System. The sheriffs and police chiefs shall, in turn, make timely notification to the fire chiefs within their respective jurisdictions through a mutually agreed upon communications system. (b) Subdivision (a) applies only to the extent that it does not conflict with federal law. (c) For the purposes of this section, the following definitions apply: (1) “Bulk packaging” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (2) “Fire chief” means the fire chief of each county and city fire department and the fire chief of each fire protection district serving a population greater than 15,000 in which is located the proposed route. This paragraph does not apply to any fire chief of a fire department or fire protection district that is composed of 50 percent or more volunteer firefighters. (3) “Residue” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (Amended by Stats. 1996, Ch. 124, Sec. 135. Effective January 1, 1997.)
  118. 32051.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. )

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    Advance notifications required by Section 32050 must include specified shipment and contact information, and the department must provide a standard notification form by April 1, 1989.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. ) ## 32051. (a) Each advance notification required by Section 32050 shall contain all of the following information: (1) The name, address, and emergency telephone number of the manufacturer, shipper, carrier, and receiver of the shipment. (2) A current copy of a material data safety sheet, as designated by the department, regarding the material. (3) If the shipment is originating within California, the point of origin of the shipment and the 48-hour period during which departure of the shipment is estimated to occur, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive. (4) If the shipment is originating outside of California, the point of origin of the shipment and the 48-hour period during which the shipment is estimated to arrive at the state boundary, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive. (5) A telephone number and address for current shipment information. (b) The department shall design a standard notification form to include all of the information specified in subdivision (a) and shall make these forms available by April 1, 1989. (Added by Stats. 1988, Ch. 1222, Sec. 2.)
  119. 32052.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. )

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    Carriers and the department must give advance notice about hazardous-material shipment departures and any later changes, and the department must pass the notice along and keep records for three years.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. ) ## 32052. (a) The notification required by Section 32050 shall reach the department at least 72 hours before the beginning of the 48-hour period during which departure of the shipment of any material designated in Section 32050 is estimated to occur, and the department shall notify the sheriffs and the police chiefs as specified in subdivision (a) of Section 32050 at least 36 hours before the beginning of the 48-hour departure period specified in subdivision (a) of Section 32051, who shall notify the fire chiefs, as provided in Section 32050. A copy of the notification shall be retained by the department for three years. (b) The carrier shall also notify, by telephone or telegram, the department if there are any changes in the scheduling of a shipment, in the routes to be used for shipment, or any cancellation of a shipment. The department shall, in turn, notify the sheriffs and the police chiefs specified in subdivision (a) of Section 32050 that would be affected by these changes in the scheduling of a shipment, in the routes to be used for a shipment, or the cancellation of a shipment, who shall notify the fire chiefs, as provided in Section 32050. The department shall maintain for three years a record of each telegram and telephonic notification. (Added by Stats. 1988, Ch. 1222, Sec. 2.)
  120. 32053.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. )

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    A carrier that violates Sections 32050, 32051, or 32052 faces a civil penalty of $500 to $1,000 for each violation.

    ## Vehicle Code - VEH ## DIVISION 14.1. TRANSPORTATION OF HAZARDOUS MATERIAL [32000 - 32053] ( Division 14.1 added by Stats. 1981, Ch. 860, Sec. 13. ) ## CHAPTER 2. Notification of Routes [32050 - 32053] ( Chapter 2 added by Stats. 1988, Ch. 1222, Sec. 2. ) ## 32053. (a) Any carrier who violates Section 32050, 32051, or 32052, in addition to any other penalty provided by law, is subject to a civil penalty of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) for each violation. For purposes of this section, each day of a continuing violation is a separate violation. (b) When establishing the amount of the civil penalty, the court shall consider, in addition to other relevant circumstances, all of the following: (1) The extent of the harm caused by the violation. (2) The persistence of the violation. (3) The number of prior violations by the same violator. (4) The deterrent value of the penalty based on the financial resources of the violator. (Added by Stats. 1988, Ch. 1222, Sec. 2.)
  121. 321.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    Factory-built housing means a structure defined in the Health and Safety Code, and in this code it means a trailer coach wider than eight feet or longer than 40 feet.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 321. “Factory-built housing” is a structure as defined in Section 19971 of the Health and Safety Code. As used in this code, factory-built housing is a trailer coach which is in excess of eight feet in width or in excess of 40 feet in length. (Added by Stats. 1980, Ch. 1150, Sec. 7.)
  122. 32100.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    The Legislature states that this division is intended to create a special category for inhalation hazards and poison gases and to impose special safeguards on their transportation.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32100. 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. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  123. 32100.5.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32100.5. This division applies to the transportation of inhalation hazards in bulk packaging, except when that packaging contains only residue. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  124. 32101.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    This section defines terms used in Division 14.3, including “inhalation hazard,” “bulk packaging,” “residue,” “inspection stop,” “safe parking place,” “safe stopping place,” and when a vehicle is “attended.”

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32101. As used in this division: (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) “Bulk packaging” means the same as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (c) “Residue” means the same as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (d) “Inspection stop” means any location designated as such in regulations adopted pursuant to this division or any safe stopping place. (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) “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. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  125. 32102.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    The department may adopt rules and must designate and publish routes, maps, and inspection-stop information for transporting inhalation hazards; violating the division or its regulations is a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 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) 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) 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) 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) 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) 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) 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. (Amended by Stats. 1992, Ch. 516, Sec. 1. Effective January 1, 1993.)
  126. 32103.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    Motor carriers transporting inhalation hazards must keep the latest route map and listed stopping/inspection places in each vehicle, and they must require drivers to be thoroughly familiar with this division before operating.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 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) This section shall become operative on January 1, 1992. (Added by Stats. 1988, Ch. 1384, Sec. 5. Section operative January 1, 1992, by its own provisions.)
  127. 32104.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    Motor carriers, their authorized agents, and drivers may not drive or stop vehicles carrying inhalation hazards except in the places and situations allowed by this section.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 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) 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) This section shall become operative on January 1, 1992. (Added by Stats. 1988, Ch. 1384, Sec. 5. Section operative January 1, 1992, by its own provisions.)
  128. 32105.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    Drivers and operators of vehicles carrying inhalation hazards must follow route-avoidance, parking, inspection, and recordkeeping rules.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 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) No vehicle transporting inhalation hazards shall be left unattended upon any street or highway. (c) Inspection of the following items of equipment shall be made immediately preceding the actual transportation of an inhalation hazard: (1) Brakes and the brake system. (2) Steering, connection devices, and lighting systems. (3) All tires. (4) All supplemental equipment as required by Section 32106. (d) En route inspection of tires and brakes on vehicles transporting inhalation hazards shall be performed at the following locations: (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) 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) Regardless of elapsed time or miles traveled, at any location designated in regulations of the department as a required inspection stop. (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) The record of every inspection shall be made at the time the inspection is conducted. (3) The person making the inspection shall certify the fact in the record. (f) This section shall become operative on January 1, 1992. (Added by Stats. 1988, Ch. 1384, Sec. 5. Section operative January 1, 1992, by its own provisions.)
  129. 32106.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    Vehicles used to transport an inhalation hazard must be equipped and kept in required working condition, including brakes, steering, lighting, tires, and required fire extinguishers or other safety equipment.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32106. 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) Brakes and the brake system shall be maintained in good and safe operating condition. (b) Steering, connection devices, and lighting systems shall be maintained in good operating condition. (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) 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. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  130. 32107.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    Vehicles transporting an inhalation hazard must carry a self-contained breathing apparatus and equipment for immediate communication with emergency personnel.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32107. 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. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  131. 32109.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. )

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    This section says vehicles carrying inhalation hazards, and their owners or other persons, are not exempt from other Vehicle Code provisions.

    ## Vehicle Code - VEH ## DIVISION 14.3. TRANSPORTATION OF INHALATION HAZARDS [32100 - 32109] ( Division 14.3 added by Stats. 1988, Ch. 1384, Sec. 5. ) ## 32109. 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. (Added by Stats. 1988, Ch. 1384, Sec. 5.)
  132. 322.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “farm labor vehicle” and “farmworker,” and excludes certain vehicles from that definition.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 322. (a) A “farm labor vehicle” is any motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities. (b) For the purpose of this section, a farmworker is any person engaged in rendering personal services for hire and compensation in connection with the production or harvesting of any farm products. (c) “Farm labor vehicle” does not include: (1) Any vehicle carrying only members of the immediate family of the owner or driver thereof. (2) Any vehicle while being operated under specific authority granted by the Public Utilities Commission or under specific authority granted to a transit system by an authorized city or county agency. (Amended by Stats. 2000, Ch. 308, Sec. 1. Effective January 1, 2001.)
  133. 324.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “fifth-wheel travel trailer.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 324. A “fifth-wheel travel trailer” is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device. (Added by Stats. 1990, Ch. 1358, Sec. 1.)
  134. 324.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “former prisoner of war” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 324.5. A “former prisoner of war” is any person who, while serving as a member of the United States Armed Forces, as a member of the Philippine Commonwealth Armed Forces, as a part of a United States Expeditionary Force, or as a United States civilian, was held as a prisoner of war by forces hostile to the United States during any armed conflict and is currently a resident of California. (Added by Stats. 1991, Ch. 893, Sec. 1.)
  135. 325.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “foreign jurisdiction.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 325. A “foreign jurisdiction” is any other state, the District of Columbia, territories or possessions of the United States, and foreign states, provinces, or countries. (Enacted by Stats. 1959, Ch. 3.)
  136. 330.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A “foreign vehicle” means a vehicle that must be registered under this code, was brought into this State from a foreign jurisdiction outside the ordinary course of business by or through a manufacturer or dealer, and is not registered in this State.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 330. A “foreign vehicle” is a vehicle of a type required to be registered under this code brought into this State from a foreign jurisdiction other than in the ordinary course of business, by or through a manufacturer or dealer and not registered in this State. (Enacted by Stats. 1959, Ch. 3.)
  137. 33000.

    ## Vehicle Code - VEH ## DIVISION 14.5. TRANSPORTATION OF RADIOACTIVE MATERIALS [33000 - 33002] ( Division 14.5 added by Stats. 1959, Ch. 1810. )

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    The California Highway Patrol must adopt regulations for when shipments of hazardous radioactive materials may occur and which routes must be used.

    ## Vehicle Code - VEH ## DIVISION 14.5. TRANSPORTATION OF RADIOACTIVE MATERIALS [33000 - 33002] ( Division 14.5 added by Stats. 1959, Ch. 1810. ) ## 33000. Subject to the provisions of Section 114765 of the Health and Safety Code, the Department of the California Highway Patrol, after consulting with the State Department of Health Services, shall adopt regulations specifying the time that shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials, as are defined in regulations of the State Department of Health Services. (Amended by Stats. 1996, Ch. 1023, Sec. 427. Effective September 29, 1996.)
  138. 33002.

    ## Vehicle Code - VEH ## DIVISION 14.5. TRANSPORTATION OF RADIOACTIVE MATERIALS [33000 - 33002] ( Division 14.5 added by Stats. 1959, Ch. 1810. )

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    Carriers moving certain radioactive materials must give written advance notice to the California Highway Patrol, which then notifies specified fire and police chiefs.

    ## Vehicle Code - VEH ## DIVISION 14.5. TRANSPORTATION OF RADIOACTIVE MATERIALS [33000 - 33002] ( Division 14.5 added by Stats. 1959, Ch. 1810. ) ## 33002. (a) Prior to the transport of any hazardous radioactive materials containing cargoes of commercially produced, spent radioactive fuel outside the confines of a facility where that material was used or stored, or prior to the delivery of these materials to a carrier for transport, each carrier shall provide advance notification, in writing, of the shipment to the Department of the California Highway Patrol, which, in turn, shall notify all of the following persons: (1) The fire chiefs of each city and county fire department and the fire chiefs of each fire protection district serving a population greater than 15,000, which city, county, or fire protection district is located along the proposed route. The Department of the California Highway Patrol, however, shall notify only those fire chiefs who have requested, in writing, to be so notified. A fire chief may revoke this request, in writing, at any time. This paragraph does not apply to any fire chief of a fire department or fire protection district that is composed of 50 percent or more volunteer firefighters. (2) The police chiefs of each city where surface transportation would occur along the proposed route. (b) Subdivision (a) applies only to the extent that it does not conflict with federal law. (c) Each advance notification shall contain the following information: (1) The name, address, and telephone number of the shipper, carrier, and receiver of the shipment. (2) If the shipment originates within California, the point of origin of the shipment and the 48-hour period during which departure of the shipment is estimated to occur, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive. (3) If the shipment originates outside of California, the point of origin of the shipment and the 48-hour period during which the shipment is estimated to arrive at state boundaries, the destination of the shipment within California, and the 48-hour period during which the shipment is estimated to arrive. (4) A telephone number and address for current shipment information. (d) The Department of the California Highway Patrol shall design a standard notification form to include all of the information specified in subdivision (c) and shall make these forms available by April 1, 1984. (e) The notification is required to reach the Department of the California Highway Patrol at least 72 hours before the beginning of the 48-hour period during which departure of the shipment is estimated to occur, and the Department of the California Highway Patrol shall notify the fire chiefs who have requested notification and the police chiefs specified in subdivision (a) at least 36 hours before the beginning of this 48-hour period. A copy of the notification shall be retained by the Department of the California Highway Patrol for three years. (f) The carrier shall also notify, by telephone or telegram, the Department of the California Highway Patrol if there are any changes in the scheduling of a shipment, in the routes to be used for a shipment, or any cancellation of a shipment. The Department of the California Highway Patrol shall, in turn, notify the fire chiefs who have requested notification and the police chiefs specified in subdivision (a) who would be affected by these changes in the scheduling of a shipment, in the routes to be used for a shipment, or the cancellation of a shipment. The Department of the California Highway Patrol shall maintain for three years a record of each telegram and telephonic notification. (g) Any person or agency that receives any information pursuant to this section shall not disseminate or reveal this information to any other person, state agency, city, county, or local agency unless the person or agency determines that disseminating or revealing this information is necessary to protect the public health and safety or the environment. (h) The Governor shall appoint the fire chiefs eligible to request notification, as specified in paragraph (1) of subdivision (a), as the designated representatives of the Governor pursuant to paragraph (1) of subsection (c) of Section 73.21 of Title 10 of the Code of Federal Regulations for the purpose of receiving information classified as safeguards information pursuant to Part 73 of Title 10 of the Code of Federal Regulations. (i) Any carrier who violates this section, in addition to any penalty provided by law, is subject to a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this section, each day of a continuing violation is a separate and distinct violation. When establishing the amount of civil liability pursuant to this subdivision, the court shall consider, in addition to other relevant circumstances, the following: (1) The extent of the harm caused by the violation. (2) The persistence of the violation. (3) The number of prior violations by the same violator. (4) The deterrent value of the penalty based on the financial resources of the violator. (Amended by Stats. 1996, Ch. 124, Sec. 136. Effective January 1, 1997.)
  139. 331.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “franchise” for vehicle-code purposes and lists when an agreement counts as one, plus a separate exclusion.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 331. (a) A “franchise” is a written agreement between two or more persons having all of the following conditions: (1) A commercial relationship of definite duration or continuing indefinite duration. (2) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail new motor vehicles or new trailers subject to identification pursuant to Section 5014.1 manufactured or distributed by the franchisor or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities. (3) The franchisee constitutes a component of the franchisor’s distribution system. (4) The operation of the franchisee’s business is substantially associated with the franchisor’s trademark, trade name, advertising, or other commercial symbol designating the franchisor. (5) The operation of a portion of the franchisee’s business is substantially reliant on the franchisor for a continued supply of new vehicles, parts, or accessories. (b) The term “franchise” does not include an agreement entered into by a manufacturer or distributor and a person where all the following apply: (1) The person is authorized to perform warranty repairs and service on vehicles manufactured or distributed by the manufacturer or distributor. (2) The person is not a new motor vehicle dealer franchisee of the manufacturer or distributor. (3) The person’s repair and service facility is not located within the relevant market area of a new motor vehicle dealer franchisee of the manufacturer or distributor. (Amended by Stats. 2001, Ch. 539, Sec. 5. Effective January 1, 2002.)
  140. 331.1.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “franchisee” for vehicle-code purposes.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 331.1. A “franchisee” is any person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 from the franchisor and who offers for sale or lease, or sells or leases the vehicles at retail or is granted the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities. (Amended by Stats. 2004, Ch. 836, Sec. 4. Effective January 1, 2005.)
  141. 331.2.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “franchisor” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 331.2. A “franchisor” is any person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 and who grants a franchise. (Amended by Stats. 2004, Ch. 836, Sec. 5. Effective January 1, 2005.)
  142. 331.3.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “recreational vehicle franchise” as a written agreement with two or more persons that meets two specified conditions.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 331.3. A “recreational vehicle franchise” is a written agreement between two or more persons having both of the following conditions: (a) A commercial relationship of definite duration or continuing indefinite duration. (b) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail, new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, that are manufactured or distributed by the franchisor, or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities. (Added by Stats. 2008, Ch. 743, Sec. 1. Effective January 1, 2009.)
  143. 332.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Freeway” means a highway with no access right, or only limited/restricted access right, for owners of adjoining land.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 332. “Freeway” is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. (Enacted by Stats. 1959, Ch. 3.)
  144. 335.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “gantry truck.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 335. A “gantry truck” is a motor vehicle so designed and constructed that it straddles the load to be transported and by means of appropriate mechanism picks up the load and supports it during transportation. (Enacted by Stats. 1959, Ch. 3.)
  145. 336.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “general public paratransit vehicle” and states several exclusions.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 336. “General public paratransit vehicle” means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. Vehicles used in the exclusive transportation of disabled persons as defined in Section 99206.5 of the Public Utilities Code, or of persons 55 years of age or older, including any persons necessary to provide assistance to these passengers, are not general public paratransit vehicles. However, transportation of attendants, companions, or both traveling together with those individuals with disabilities who are determined to be eligible for complementary paratransit services in accordance with Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto, shall not be sufficient to qualify a vehicle as a general public paratransit vehicle. A vehicle that provides local transportation for the general public through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service, but does not provide transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, is a transit bus, as defined by Section 642, and is not a general public paratransit vehicle. (Amended by Stats. 1993, Ch. 844, Sec. 1. Effective January 1, 1994.)
  146. 340.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A “garage” means a place where vehicles that must be registered under this code are stored or kept safe for compensation.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 340. A “garage” is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation. (Enacted by Stats. 1959, Ch. 3.)
  147. 34000.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

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    The Legislature states that public protection should be increased and that the California Highway Patrol should prioritize random inspections of certain cargo tanks and hazardous waste transport vehicles and containers for compliance with the code.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34000. It is the intent of the Legislature to provide additional protection to the public and reduce the risk of possible hazards in the highway transportation of hazardous waste and of flammable and combustible liquids in tank vehicles. It is further the intent of the Legislature that the Department of the California Highway Patrol shall place as a high priority the random inspection of cargo tanks and hazardous waste transport vehicles and containers for compliance with this code. (Amended by Stats. 1996, Ch. 539, Sec. 28. Effective January 1, 1997.)
  148. 34001.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

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    This division applies to cargo tank vehicles and hazardous waste transport vehicles and containers operating on highways within this state.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34001. The provisions of this division refer to vehicles having a cargo tank and to hazardous waste transport vehicles and containers, as defined in Section 25167.4 of the Health and Safety Code, that are operating on highways within this state. (Amended by Stats. 1997, Ch. 945, Sec. 28. Effective January 1, 1998.)
  149. 34002.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

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    State and local agencies may not adopt or enforce rules inconsistent with this division, and they may not enforce design-and-construction rules for cargo tanks subject to it.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34002. (a) It is the legislative intention that the regulations adopted by the commissioner pursuant to this division shall apply uniformly throughout the State of California, and no state agency, city, city and county, county, or other political subdivision of this state, including, but not limited to, a chartered city, city and county, or county, shall adopt or enforce any ordinance or regulation which is inconsistent with this division. (b) No other state agency, city, city and county, county, or other public agency of this state, including, but not limited to, a chartered city, city and county, or county, shall enforce any provisions regarding the design and construction of any cargo tank subject to this division, regardless of the location of the cargo tank, or the area of operation of the cargo tank, within this state. (Amended by Stats. 1983, Ch. 661, Sec. 3.)
  150. 34003.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

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    This section defines “cargo tank,” “cargo tank vehicle,” “flammable liquids,” and “combustible liquids” for this division.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34003. For purposes of this division: (a) “Cargo tank” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (b) “Cargo tank vehicle” means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle. (c) “Flammable liquids” and “combustible liquids” have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations. (Repealed and added by Stats. 2023, Ch. 219, Sec. 8. (SB 891) Effective January 1, 2024.)
  151. 34004.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

    Verify source ↗

    This provision says the division applies equally to new and existing cargo tanks.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34004. The provisions of this division shall apply equally to new as well as existing cargo tanks. (Repealed and added by Stats. 1967, Ch. 1106.)
  152. 34006.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. )

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    This section says the division does not apply to wine or certain aqueous solutions with alcohol content of 24% or less by volume, if the nonalcohol portion is not a flammable or combustible liquid.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 1. Administration [34000 - 34006] ( Article 1 added by Stats. 1967, Ch. 1106. ) ## 34006. The provisions of this division shall not apply to “wine,” as defined by Section 23007 of the Business and Professions Code, or any other aqueous solution, having an alcoholic content less than, or equal to, 24 percent by volume. This exemption applies only if the nonalcohol portion of the aqueous solution does not fall within the definition of flammable or combustible liquid. (Added by Stats. 1978, Ch. 868.)
  153. 34019.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. )

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    The commissioner must adopt reasonable regulations for cargo tanks, fire auxiliary equipment, and tank vehicle stability, and must incorporate new federal DOT standards for intrastate shipments as soon as feasible.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. ) ## 34019. (a) The commissioner shall adopt reasonable regulations with respect to the following: (1) The design, construction, and structural safety of cargo tanks and fire auxiliary equipment. (2) To the extent permitted by federal law, the stability of tank vehicles. (b) For intrastate shipments in this state, the commissioner shall, as soon as feasible, incorporate any new United States Department of Transportation standards concerning interstate shipments. (Amended by Stats. 1991, Ch. 1043, Sec. 2.)
  154. 34020.5.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. )

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    The Department of Transportation may regulate when tank vehicles can travel through tunnels on state highways, and it must conduct a traffic and engineering survey when evaluating tunnel use.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. ) ## 34020.5. (a) The Department of Transportation, after consultation with the Department of the California Highway Patrol, the State Fire Marshal, and affected local agencies, and following a public hearing subject to Section 21109.5, may regulate the time when tank vehicles may travel through a tunnel on state highways. (b) In evaluating the use of a tunnel on a state highway, the Department of Transportation shall conduct a traffic and engineering survey which includes an analysis of the relative risks to public safety in determining the feasibility of reasonable alternative routes. (c) For the purposes of this section, a tunnel is a horizontal passage enclosed on the sides and top containing a roadway of a length of not less than 300 feet. (d) No prohibition or restriction adopted pursuant to this section shall be effective until appropriate signs have been posted giving notice thereof to drivers approaching the tunnel. (Added by Stats. 1982, Ch. 1255, Sec. 12.)
  155. 34021.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. )

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    The commissioner’s regulations must make reasonable allowances for cargo tanks already in existence when the rules take effect, but not for tanks that are a distinct hazard to life or property.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. ) ## 34021. The regulations adopted by the commissioner shall make reasonable allowances for cargo tanks in existence when the regulations become effective. No allowance shall, however, be made for any cargo tank which because of its design or construction constitutes a distinct hazard to life or property. (Amended by Stats. 1983, Ch. 661, Sec. 5.)
  156. 34022.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. )

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    When adopting regulations, the commissioner must consider NFPA and U.S. Department of Transportation publications as evidence of generally accepted safety standards.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. ) ## 34022. In adopting the regulations, the commissioner shall consider, as evidence of generally accepted safety standards, the publications of the National Fire Protection Association and the United States Department of Transportation. (Amended by Stats. 1983, Ch. 661, Sec. 6.)
  157. 34024.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. )

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    Regulations adopted by the commissioner under this division must be adopted, amended, and repealed under Chapter 3.5 of the Government Code.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 2. Regulations [34019 - 34024] ( Article 2 added by Stats. 1967, Ch. 1106. ) ## 34024. The regulations adopted by the commissioner pursuant to this division shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1985, Ch. 106, Sec. 166.)
  158. 34100.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 5. Violations [34100- 34100.] ( Article 5 added by Stats. 1967, Ch. 1106. )

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    A person must not operate a tank vehicle on a highway in violation of this division or regulations adopted by the commissioner. A violation is a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 14.7. FLAMMABLE AND COMBUSTIBLE LIQUIDS [34000 - 34100] ( Heading of Division 14.7 amended by Stats. 1977, Ch. 825. ) ## ARTICLE 5. Violations [34100- 34100.] ( Article 5 added by Stats. 1967, Ch. 1106. ) ## 34100. A violation of this division or of any regulation adopted by the commissioner pursuant to this division is a misdemeanor. No person shall operate a tank vehicle upon a highway in violation of this division or of any regulation adopted by the commissioner pursuant to this division. (Added by renumbering Section 34102 by Stats. 1996, Ch. 539, Sec. 40. Effective January 1, 1997.)
  159. 345.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A golf cart is defined as a motor vehicle meeting specific wheel, weight, speed, and passenger-capacity limits.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 345. A “golf cart” is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. (Added by Stats. 1968, Ch. 1303.)
  160. 34500.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must regulate the safe operation of the listed vehicle categories, subject to stated weight, length, cargo, and permit-based conditions and some trailer exceptions.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500. The department shall regulate the safe operation of the following vehicles: (a) Motortrucks of three or more axles that are more than 10,000 pounds gross vehicle weight rating. (b) Truck tractors. (c) Buses, schoolbuses, school pupil activity buses, youth buses, farm labor vehicles, modified limousines, and general public paratransit vehicles. (d) Trailers and semitrailers designed or used for the transportation of more than 10 persons, and the towing motor vehicle. (e) Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed in subdivision (a), (b), (c), (d), or (j). This subdivision does not include camp trailers, trailer coaches, and utility trailers. (f) A combination of a motortruck and a vehicle or vehicles set forth in subdivision (e) that exceeds 40 feet in length when coupled together. (g) A vehicle, or a combination of vehicles, transporting hazardous materials. (h) Manufactured homes that, when moved upon the highway, are required to be moved pursuant to a permit, as specified in Section 35780 or 35790. (i) A park trailer, as described in Section 18009.3 of the Health and Safety Code, that, when moved upon a highway, is required to be moved pursuant to a permit pursuant to Section 35780. (j) Any other motortruck regulated by the Department of Motor Vehicles, the Department of Consumer Affairs, or the United States Secretary of Transportation. (k) A commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds or a commercial motor vehicle of any gross vehicle weight rating towing a vehicle described in subdivision (e) with a gross vehicle weight rating of more than 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers. For purposes of this subdivision, the term “commercial motor vehicle” has the same meaning as defined in subdivision (b) of Section 15210. (Amended by Stats. 2024, Ch. 226, Sec. 13. (AB 3278) Effective January 1, 2025.)
  161. 34500.1.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must regulate the safe operation of tour buses, in addition to duties imposed by Section 34500.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.1. In addition to the duties imposed by Section 34500, the department shall regulate the safe operation of tour buses. (Added by Stats. 1986, Ch. 1306, Sec. 13.)
  162. 34500.2.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Public-agency emergency vehicles do not need an extra inspection under this division if a specified inspection was done within the last 24 hours, and vehicles used in an emergency must be inspected right after the emergency ends.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.2. No additional inspection shall be required under this division on any vehicle which is owned and operated by a public agency and is used for responding to and returning from an emergency, as defined in subdivision (c) of Section 35002, during the duration of the emergency, as determined by the public agency, if an inspection pursuant to Section 1215 of Title 13 of the California Code of Regulations has been completed on the vehicle within the past 24 hours. Any vehicle used in responding to an emergency shall be inspected immediately upon the termination of the emergency. (Added by Stats. 1990, Ch. 899, Sec. 1. Effective September 14, 1990.)
  163. 34500.3.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must adopt vehicle cargo securement regulations to promote safe operation, and those regulations must align with federal cargo securement rules.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.3. (a) The department shall adopt rules and regulations that are designed to promote the safe operation of vehicles, regarding cargo securement standards. The regulations adopted pursuant to this section shall be consistent with the securement regulations adopted by the United States Department of Transportation in Part 393 (commencing with Section 393.1) of Title 49 of the Code of Federal Regulations, as those regulations now exist or are amended in the future. (b) Regulations adopted pursuant to subdivision (a) do not apply to a farmer transporting his or her own hay or straw, incidental to his or her farming operation, if that transportation requires that the farmer use a highway, except that this subdivision does not relieve the farmer from loading and securing the hay or straw in a safe manner. (Amended by Stats. 2015, Ch. 451, Sec. 57. (SB 491) Effective January 1, 2016.)
  164. 34500.4.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The California Highway Patrol must run a safety inspection program for certain modified limousine terminals and update it with regulations, fees, inspections, and data reporting.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.4. (a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code). (b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine. (2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months. (3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted. (4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties. (B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section. (C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department. (5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations. (c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division. (Amended by Stats. 2015, Ch. 480, Sec. 2. (AB 863) Effective January 1, 2016.)
  165. 34500.5.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    This section defines “commercial motor vehicle” for this division.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.5. For purposes of this division, the term “commercial motor vehicle” has the same meaning as defined in subdivision (b) of Section 15210, or any vehicle listed in Section 34500. (Amended by Stats. 2015, Ch. 451, Sec. 58. (SB 491) Effective January 1, 2016.)
  166. 34500.6.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    This section defines when a vehicle counts as an agricultural vehicle and says the section expires on January 1, 2031 unless extended.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.6. (a) For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met: (1) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level. (2) Is used exclusively in the conduct of agricultural operations when operating in commerce. (3) Is not used in the capacity of a for-hire carrier or for compensation. (4) The towing vehicle has a gross weight rating of 16,000 pounds or less. (5) Is used solely in intrastate commerce. (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2031, deletes or extends that date. (Amended by Stats. 2025, Ch. 61, Sec. 1. (AB 525) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.)
  167. 34500.7.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Motor carriers, drivers, and vehicles must comply with specified federal motor carrier safety regulations, and intrastate drivers and motor carriers must also keep Daily Vehicle Inspection Reports.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34500.7. (a) Subject to Section 34500, motor carriers, drivers, and vehicles shall comply with the Federal Motor Carrier Safety Regulations in Parts 385, 392, 393, 396, and 397 of Title 49 of the Code of Federal Regulations. (b) Notwithstanding subdivision (a), Daily Vehicle Inspection Reports are required for intrastate drivers and motor carriers pursuant to Section 1215 of Title 13 of the California Code of Regulations. (Added by Stats. 2023, Ch. 219, Sec. 10. (SB 891) Effective January 1, 2024.)
  168. 34501.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must adopt safety and hazardous-materials regulations for vehicles and bus operations, and the commissioner must appoint advisory committees and enforce bus safety-rating disclosure.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501. (a) (1) The department shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Section 34500, regarding, but not limited to, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. The rules and regulations shall not, however, be applicable to schoolbuses, which shall be subject to rules and regulations adopted pursuant to Section 34501.5. The rules and regulations shall exempt local law enforcement agencies, within a single county, engaged in the transportation of inmates or prisoners when those agencies maintain other motor vehicle operations records which furnish hours of service information on drivers which are in substantial compliance with the rules and regulations. This exemption does not apply to any local law enforcement agency engaged in the transportation of inmates or prisoners outside the county in which the agency is located, if that agency would otherwise be required, by existing law, to maintain driving logs. (2) The department may adopt rules and regulations relating to commercial vehicle safety inspection and out-of-service criteria. In adopting the rules and regulations, the commissioner may consider the commercial vehicle safety inspection and out-of-service criteria adopted by organizations such as the Commercial Vehicle Safety Alliance, other intergovernmental safety group, or the United States Department of Transportation. The commissioner may provide departmental representatives to that alliance or other organization for the purpose of promoting the continued improvement and refinement of compatible nationwide commercial vehicle safety inspection and out-of-service criteria. (3) The commissioner shall appoint a committee of 15 members, consisting of representatives of industry subject to the regulations to be adopted pursuant to this section, to act in an advisory capacity to the department, and the department shall cooperate and confer with the advisory committee so appointed. The commissioner shall appoint a separate committee to advise the department on rules and regulations concerning wheelchair lifts for installation and use on buses, consisting of persons who use the wheelchair lifts, representatives of transit districts, representatives of designers or manufacturers of wheelchairs and wheelchair lifts, and representatives of the Department of Transportation. (4) The department may inspect any vehicles in maintenance facilities or terminals, as well as any records relating to the dispatch of vehicles or drivers, and the pay of drivers, to ensure compliance with this code and regulations adopted pursuant to this section. (b) (1) The department, using the definitions adopted pursuant to Section 2402.7, shall adopt regulations for the transportation of hazardous materials in this state, except the transportation of materials that are subject to other provisions of this code, that the department determines are reasonably necessary to ensure the safety of persons and property using the highways. The regulations may include provisions governing the filling, marking, packing, labeling, and assembly of, and containers that may be used for, hazardous materials shipments, and the manner by which the shipper attests that the shipments are correctly identified and in proper condition for transport. (2) (A) The regulations adopted under this section for vehicles engaged in interstate or intrastate commerce shall establish hazardous materials requirements that are consistent with the hazardous materials regulations adopted by the United States Department of Transportation in Chapter I of, and Part 397 of Subchapter B of Chapter III of, Subtitle B of Title 49 of the Code of Federal Regulations. (B) If a carrier not subject to federal jurisdiction finds a regulation adopted pursuant to this section to be unnecessarily burdensome or impracticable, the carrier may apply to the department, at no cost, for an alternate method of compliance. (3) Regulations adopted pursuant to this subdivision do not apply to the following: (A) The transportation of explosives in an authorized emergency vehicle, as defined in paragraph (1) of subdivision (b) of Section 165, when operated by a peace officer, as defined in Sections 830.1 and 830.2 of the Penal Code, under the following conditions: (i) The transportation is necessary for tactical operations or explosives detection or removal duties. (ii) Storage and security is in compliance with the applicable provisions of “ATV Federal Explosives Laws and Regulations,” published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (B) The transportation of seized fireworks by a public agency as authorized by Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code. (c) (1) At least once every 13 months, the department shall inspect every maintenance facility or terminal of any person who at any time operates any bus. If the bus operation includes more than 100 buses, the inspection shall be without prior notice. (2) This subdivision does not preclude the department from conducting inspections of tour bus operations with fewer than 100 buses without prior notice. To the extent possible, the department shall conduct inspections without prior notice of any tour bus operation, including tour bus operations that have a history of noncompliance with safety laws or regulations, that have received unsatisfactory ratings, or that have had buses ordered out of service for safety violations. (3) If a tour bus operator receives an unsatisfactory rating, the department shall conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. (d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating. (e) It is unlawful and constitutes a misdemeanor for any person to operate any bus without the inspections specified in subdivision (c) having been conducted. (f) The department may adopt regulations restricting or prohibiting the movement of any vehicle from a maintenance facility or terminal if the vehicle is found in violation of this code or regulations adopted pursuant to this section. (Amended by Stats. 2022, Ch. 295, Sec. 20. (AB 2956) Effective January 1, 2023.)
  169. 34501.1.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Before distributing wheelchair lift models in California, manufacturers or distributors must give the California Highway Patrol proof of certification.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.1. A manufacturer or distributor of wheelchair lifts for buses, schoolbuses, youth buses, and general public transit vehicles, regardless of capacity, shall, prior to the distribution of the wheelchair lift model in California, provide to the Department of the California Highway Patrol proof of certification from an independent laboratory or registered mechanical engineer of this state that the wheelchair lift model complies with the California and any federal law and the regulations adopted pursuant thereto. (Added by Stats. 1989, Ch. 428, Sec. 1.)
  170. 34501.10.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Employers covered by this section must register with the California Highway Patrol the address where log books and other records can be inspected.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.10. The employer of any person required to keep log books, records of physical examination, and other driver records as may be required by the Department of the California Highway Patrol, the Department of Motor Vehicles, or the State Department of Health Services, shall register with the Department of the California Highway Patrol the address where the log books and other records are available for inspection. (Added by Stats. 1988, Ch. 1452, Sec. 3. Effective September 28, 1988. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  171. 34501.13.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    If the department’s inspection of a schoolbus carrier facility, maintenance facility, or terminal results in an unsatisfactory terminal rating, the department must notify the responsible district school board.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.13. If the inspection of a carrier facility, maintenance facility, or terminal of any person who operates a schoolbus results in an unsatisfactory terminal rating by the department, the department shall notify the school board of the district that is responsible for the terminal. (Amended by Stats. 1999, Ch. 1007, Sec. 24.5. Effective January 1, 2000.)
  172. 34501.14.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Grape gondola owners must apply and pay the fee for inspection, and vehicles may not be operated without the required application and inspection certificate after the stated dates.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.14. (a) Notwithstanding Section 34501.12, for purposes of this division, safety inspections of grape gondolas are governed by this section. (b) Every registered owner of a grape gondola shall submit an application and the fee specified in subdivision (g) to the department for the initial inspection required by this section. The initial application shall be submitted on or before July 1, 1993. The inspection term for a grape gondola shall expire 25 months from the date the department conducts the inspection, and issues a certificate indicating the gondola has passed the inspection, and every 25 months thereafter. Applications and fees for subsequent inspections and certificates shall be submitted not later than seven months before the expiration of the then current inspection term. If the registered owner has submitted the inspection application and the required accompanying fees, but the department is unable to complete the inspection within the 25-month inspection period, then no additional fee shall be required for the inspection requested in the original application. (c) On and after July 1, 1993, no person may operate any grape gondola without having submitted an inspection application and the required fees to the department as required by this section. (d) On and after January 1, 1995, no person may operate any grape gondola, without the inspection described in subdivision (e) having been performed and a certificate having been issued to the owner. (e) The safety inspection undertaken pursuant to this section shall be limited to an inspection of the brake system, steering, lights, connections, wheels and tires, frame, and suspension. (f) For purposes of undertaking the inspection of grape gondolas under this section, the department shall schedule all inspections at one central location during a continuous eight-week period every odd-numbered year with at least two days of each week during that eight-week period devoted to the actual inspection. If the gondola does not pass its first inspection, it may be reinspected during the eight-week period at no additional cost. (g) Fees shall be established by the department in an amount equal to the actual costs incurred by the department in carrying out this section, but not to exceed twenty-five dollars ($25) for each inspection or reinspection. (h) As used in this section, “grape gondola” means a motor vehicle which has been permanently altered and is attached to a grape tank by two means. The first mean is by use of a kingpin on the trunk which is centered through a turntable assembly on the tank. The second means of attachment is through the use of a pair of horizontal crossarms between the drive axle and the rear tank axle. The tank is designed to pivot off of the chassis on two support arms during dumping, and is further designed to be specifically compatible with dumping facilities of the wineries. (i) This section only applies to a grape gondola that is used under all of the following conditions: (1) For 60 days or less during any calendar year. (2) For not more than 500 miles in any calendar year. (3) Only for the transportation of grapes. (Added by Stats. 1992, Ch. 724, Sec. 1. Effective January 1, 1993.)
  173. 34501.15.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Commercial motor vehicle drivers must be ordered out of service for 24 hours if found with 0.01% or more alcohol in the blood.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.15. (a) The regulations adopted pursuant to Section 34501 shall require that any driver of a commercial motor vehicle, as defined in Section 15210, be ordered out of service for 24 hours if the driver is found to have 0.01 percent or more, by weight, of alcohol in his or her blood. (b) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in that act and Section 391.15 of Title 49 of the Code of Federal Regulations do not require the state to order the operator of a commercial vehicle out of service for 24 hours when the operator has a measurable concentration of alcohol in his or her blood. (c) The director shall submit a notice of the determination under subdivision (b) to the Secretary of State, and this section shall be repealed upon the receipt of that notice. (Added by Stats. 1989, Ch. 1114, Sec. 40. Section operative January 1, 1992, by its own provisions. Inoperative upon determination described in subd. (b). Repealed upon notification prescribed in subd. (c).)
  174. 34501.16.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Employers of commercial drivers must give safety and alcohol-limit information at hire and annually; DMV must include it in the handbook; the director must notify the Secretary of State after a federal-regulations determination.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.16. (a) Every employer of a commercial driver shall provide information to that employee at the time of hiring and to all employed commercial drivers annually, concerning all of the following: (1) The prohibition against driving a commercial motor vehicle with over 0.04 percent or more, by weight, alcohol in his or her blood on and after January 1, 1992. (2) The requirement to be placed out of service for 24 hours if the person’s blood-alcohol concentration is tested to be 0.01 percent or more, by weight, on and after January 1, 1992. (b) The Department of Motor Vehicles shall include the information prescribed in subdivision (a), together with information concerning the alcohol concentration in a person’s blood resulting from consumption of alcoholic beverages, in each publication of the commercial driver’s handbook published after January 1, 1990. (c) This section shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) do not require the state to implement the prohibitions and requirements in paragraphs (1) and (2) of subdivision (a). (d) The director shall submit a notice of the determination under subdivision (c) to the Secretary of State, and this section shall be repealed upon the receipt of that notice. (Added by Stats. 1989, Ch. 1114, Sec. 41. Inoperative upon determination described in subd. (c). Repealed upon notification prescribed in subd. (d).)
  175. 34501.17.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Owners or operators of paratransit vehicles must inspect, maintain, lubricate, and document vehicle service records, and keep the odometer in working order.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.17. (a) All paratransit vehicles shall be regularly and systematically inspected, maintained, and lubricated by the owner or operator in accordance with the manufacturer’s recommendations, or more often if necessary to ensure the safe operating condition of the vehicle. The maintenance shall include, at a minimum, in-depth inspection of the vehicle’s brake system, steering components, lighting system, and wheels and tires, to be performed at intervals in accordance with the manufacturer’s recommendations. (b) All owners or operators of paratransit vehicles shall document each systematic inspection, maintenance, and lubrication and repair performed for each vehicle subject to this section. Required records shall include service performed, the name of the person performing the service, the date that the service was performed, and the odometer reading of the vehicle at the time of the service. The records shall be maintained for the period that the vehicle is in service at the place of business in this state of the owner or operator of the vehicle, and shall be presented upon demand to any authorized representative of the department. The odometer of a paratransit vehicle shall be maintained in proper working order. (Added by Stats. 1998, Ch. 241, Sec. 3. Effective January 1, 1999.)
  176. 34501.18.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Motor carriers with more than 20 full-time drivers must report to the department when they replace more than half their drivers in 30 days, unless a stated exception applies.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.18. (a) Every motor carrier regularly employing more than 20 full-time drivers shall report to the department whenever it replaces more than half of its drivers within a 30-day period. Within 21 days of receipt of that report, the department shall inspect the motor carrier to ensure that the motor carrier is complying with all safety of operations requirements, including, but not limited to, controlled substances testing and hours-of-service regulations. The reporting requirement of this subdivision does not apply to a motor carrier who, through normal seasonal fluctuations in the business operations of the carrier, or through termination of a contract for transportation services, other than a collective bargaining agreement, replaces drivers in one geographical location with drivers in another geographical location. (b) For the purposes of subdivision (a), “employing” means having an employer-employee relationship with a driver or contracting with an owner-operator, as described in Section 34624, to provide transportation services for more than 30 days within the previous year. (c) For the purposes of subdivision (a), “full-time” means that the driver is on-duty with the motor carrier for an average of 30 hours or more per week during the course of his or her employment or contract with the motor carrier. (Added by Stats. 2001, Ch. 789, Sec. 1. Effective January 1, 2002.)
  177. 34501.19.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    A vehicle described in Section 34500 must meet the federal equipment requirements listed in Part 393 of Title 49, including requirements related to brake adjusters, brake indicators, antilock brakes, frames, cab and body components, wheels, suspension, and steering wheel systems.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.19. A vehicle described in Section 34500 shall comply with the equipment requirements specified in Part 393 of Title 49 of the Code of Federal Regulations, relating to automatic brake adjusters and brake adjustment indicators, antilock brake systems, frames, cab and body components, wheels, suspension systems, and steering wheel systems. In the application of this section to a vehicle, “commercial motor vehicle” and “motor vehicle” have the same meanings as those terms are defined in Section 390.5 of Title 49 of the Code of Federal Regulations. (Added by Stats. 2022, Ch. 295, Sec. 21. (AB 2956) Effective January 1, 2023.)
  178. 34501.2.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    This section sets hours-of-service rules for certain drivers and lets some emergency and utility drivers be exempt.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended. (b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions: (1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period. (B) Notwithstanding subparagraph (A), the regulations may authorize a driver to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression. (2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall a driver drive, for any period after having been on duty for 80 hours in any consecutive eight days. (3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle. (B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a driver’s record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. (C) For purposes of subparagraph (B), “emergency” means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Unexpected occurrence” includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare. (4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department. (5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace. (c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions: (1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a driver’s record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. (2) Upon the request of the Secretary of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute. (3) For purposes of this subdivision, the following terms have the following meanings: (A) “Farm products” means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber. (B) “First point of processing or packing” means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets. (C) “Special situation farm products” means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. (Amended by Stats. 2025, Ch. 417, Sec. 6. (SB 506) Effective January 1, 2026.)
  179. 34501.3.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    A motor carrier must not schedule, permit, or require a vehicle run that would force speeding or exceed the driver’s maximum hours of service.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.3. (a) No motor carrier shall schedule a run or permit or require the operation of any motor vehicle subject to this division between points within a period of time which would do either of the following: (1) Necessitate the vehicle being operated at speeds greater than those prescribed by this code. (2) Require the driver of the vehicle to exceed the applicable maximum hours of service. (b) A logbook of a driver, which reflects a trip or trips between points within a period of time which would have necessitated excessive speed to complete, shall give rise to a rebuttable presumption that the driver exceeded the lawful speed limit. (c) For a violation of paragraph (2) of subdivision (a), a first offense is punishable by a fine of not more than one thousand dollars ($1,000), a second offense by a fine of not more than two thousand five hundred dollars ($2,500), and a third or subsequent offense by a fine of not more than five thousand dollars ($5,000). (Amended by Stats. 1991, Ch. 392, Sec. 1.)
  180. 34501.4.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    A driver covered by this division who cannot show a logbook when asked, or can only show an incomplete logbook for the prior 24 hours, is presumed to be violating the hours-of-service rules.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.4. Any driver subject to the hours of service limitations and logbook requirements of this division, who is unable to produce upon request of a representative of the department any driver’s logbook or is only able to produce an incomplete driver’s log book for the prior 24-hour period, is rebuttably presumed to be in violation of the hours of service limitations in Sections 34501 and 34501.2. (Added by Stats. 1986, Ch. 1306, Sec. 15.)
  181. 34501.5.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The California Highway Patrol must adopt reasonable safety rules for certain vehicles, and its Commissioner must appoint an 11-member advisory committee.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.5. (a) The Department of the California Highway Patrol shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Sections 39830 and 82321 of the Education Code and Sections 545 and 34500 of this code. The Commissioner of the California Highway Patrol shall appoint a committee of 11 members to act in an advisory capacity when developing and adopting regulations affecting school pupil transportation buses and school pupil transportation operations. The advisory committee shall consist of 11 members appointed as follows: (1) One member of the State Department of Education. (2) One member of the Department of Motor Vehicles. (3) One member of the Department of the California Highway Patrol. (4) One member who is employed as a schoolbus driver. (5) One member of the California Office of Traffic Safety in the Transportation Agency. (6) Two members who are schoolbus contractors, one of whom shall be from an urban area of the state and one of whom shall be from a rural area of the state, as determined by the department. (7) Two members who are representatives of school districts, one of whom shall be from an urban area of the state and one of whom shall be from a rural area of the state, as determined by the department. (8) One professionally licensed member of the American Academy of Pediatrics. (9) One member representing school pupil transportation operations other than schoolbus operations. (b) The department shall cooperate and confer with the advisory committee appointed pursuant to this section prior to adopting rules or regulations affecting school pupil transportation buses and school pupil transportation operations. (Amended by Stats. 2025, Ch. 417, Sec. 7. (SB 506) Effective January 1, 2026.)
  182. 34501.6.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The governing board of a local educational agency must adopt procedures limiting schoolbus operation when visibility drops to 200 feet or less; for school activity trips, drivers may stop operation if they judge it unsafe because of reduced visibility.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.6. The governing board of a local educational agency that provides for the transportation of pupils shall adopt procedures that limit the operation of schoolbuses when atmospheric conditions reduce visibility on the roadway to 200 feet or less during regular home-to-school transportation service. Operational policies for school activity trips shall give schoolbus drivers discretionary authority to discontinue schoolbus operation if the driver determines that it is unsafe to continue operation because of reduced visibility. (Added by Stats. 1992, Ch. 624, Sec. 9. Effective September 14, 1992.)
  183. 34501.7.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Rules for wheelchair lifts on buses must consider implementation costs, and the department must review and update them annually.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.7. (a) Any rules or regulations adopted pursuant to Section 34501 for the construction, testing, or certification of wheelchair lifts for installation and use on buses shall take into consideration the costs of implementing the regulations and shall be reviewed and brought up to date by the department annually. (b) This section shall become operative on July 1, 1987. (Added by Stats. 1986, Ch. 969, Sec. 4. Section operative July 1, 1987, by its own provisions.)
  184. 34501.8.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The Highway Patrol must inspect each general public paratransit vehicle at least once a year, and drivers may not operate one unless the required inspection certificate is displayed.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.8. (a) The Department of the California Highway Patrol shall inspect every general public paratransit vehicle, as defined in Section 336, at least once each year to certify that its condition complies with all provisions of law, including being equipped with a fire extinguisher, first-aid kit, and three-point tie downs for transporting wheelchair passengers. (b) On or after July 1, 1989, no person shall drive any general public paratransit vehicle unless there is displayed therein a certificate issued by the Department of the California Highway Patrol stating that on a certain date, which shall be within 13 months of the date of operation, an authorized employee of the Department of the California Highway Patrol inspected the general public paratransit vehicle and found that on the date of inspection the general public paratransit vehicle complied with the applicable provisions of state law. The Commissioner of the California Highway Patrol shall provide, by rule or regulation, for the issuance and display of distinctive inspection certificates. (c) The Commissioner of the California Highway Patrol shall determine a fee and method of collection for the annual inspection of general public paratransit vehicles. The fee, established by regulation, shall be sufficient to cover the cost to the department for general public paratransit vehicle inspections. All fees received shall be deposited in the Motor Vehicle Account in the State Transportation Fund. This section shall become operative January 1, 1989. (Amended by Stats. 1988, Ch. 683, Sec. 5. Effective August 29, 1988. Section is inoperative from August 29, 1988, until January 1, 1989, by its own provisions from this amendment.)
  185. 34501.9.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    This section says the division and its regulations do not affect wage payment rates or other wage-rate regulations under other laws.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34501.9. (a) Nothing in this division or the regulations adopted under this division is intended to, or shall, affect the rate of payment of wages, including, but not limited to, regular, premium, or overtime rates, paid to any person whether for on-duty hours or driving hours or otherwise. (b) Nothing in this division or the regulations adopted under this division is intended to, or shall, affect the regulations adopted pursuant to other provisions of law concerning the rate or rates of payment of wages by any other public agency, including, but not limited to, the Industrial Welfare Commission or the Division of Labor Standards Enforcement of the Department of Industrial Relations. (Amended by Stats. 1987, Ch. 747, Sec. 2.5.)
  186. 34502.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    When adopting rules and regulations, the Department of the California Highway Patrol must consider rules adopted by the Public Utilities Commission as evidence of generally accepted safety standards.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34502. In adopting rules and regulations, the Department of the California Highway Patrol shall consider as evidence of generally accepted safety standards the rules and regulations which have been adopted by the Public Utilities Commission. (Added by Stats. 1963, Ch. 2148.)
  187. 34503.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Local and state agencies must not adopt or enforce rules that conflict with CHP regulations under this division, and those regulations apply uniformly statewide.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34503. It is the legislative intention in enacting this division that the rules and regulations adopted by the Department of the California Highway Patrol pursuant to this division shall apply uniformly throughout the State of California, and no state agency, city, city and county, county, or other political subdivision of this State, including, but not limited to, a chartered city, city and county, or county, shall adopt or enforce any ordinance or regulation which is inconsistent with the rules and regulations adopted by the department pursuant to this division. (Added by Stats. 1963, Ch. 2148.)
  188. 34504.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The Department of the California Highway Patrol must enforce the rules and regulations adopted under Section 34501.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34504. The Department of the California Highway Patrol shall enforce the rules and regulations adopted pursuant to Section 34501. Rules and regulations adopted pursuant to Section 34501 shall become effective on March 1, 1965. (Added by Stats. 1963, Ch. 2148.)
  189. 34505.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Tour bus operators must inspect each tour bus at least every 45 days, keep inspection records for one year, and not use a tour bus to carry passengers until listed defects are corrected and signed off.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505. (a) Tour bus operators shall, in addition to the systematic inspection, maintenance, and lubrication services required of all motor carriers, require each tour bus to be inspected at least every 45 days, or more often if necessary to ensure safe operation. This inspection shall include, but not be limited to, all of the following: (1) Brake adjustment. (2) Brake system components and leaks. (3) Steering and suspension systems. (4) Tires and wheels. (b) A tour bus shall not be used to transport passengers until all defects listed during the inspection conducted pursuant to subdivision (a) have been corrected and attested to by the signature of the operator’s authorized representative. (c) Records of inspections conducted pursuant to subdivision (a) shall be kept at the operator’s maintenance facility or terminal where the tour bus is regularly garaged. The records shall be retained by the operator for one year, and shall be made available for inspection upon request by any authorized employee of the department. Each record shall include, but not be limited to, all of the following: (1) Identification of the vehicle, including make, model, license number, or other means of positive identification. (2) Date and nature of each inspection and any repair performed. (3) Signature of operator’s authorized representative attesting to the inspection and to the completion of all required repairs. (4) Company vehicle number. (Added by Stats. 1986, Ch. 1306, Sec. 16.)
  190. 34505.1.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    If a tour bus carrier or modified limousine carrier has serious safety or compliance problems, the department must recommend suspension, denial, revocation, or other appropriate action, notify the carrier, and may order a tour bus out of service for imminent danger.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.1. (a) Upon determining that a tour bus carrier or modified limousine carrier has either failed to comply with the requirements specified in paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory or unfit rating by the United States Secretary of Transportation, the department shall recommend to the Public Utilities Commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate: (1) The tour bus carrier or modified limousine carrier has failed to maintain any vehicle of the carrier in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, the failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Public Utilities Commission or the United States Department of Transportation. (2) The tour bus carrier or modified limousine carrier has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (b) For purposes of this section, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the tour bus carrier or modified limousine carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for nonpayment of required fees may be determined by the department to be a consistent failure. However, when recommending denial of an application for new or renewal authority, the department need not conclude that the carrier’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s compliance with the safety-related matters described in paragraph (1) of subdivision (a) is sufficiently unsatisfactory to justify a recommendation for denial. The department shall retain a record, by carrier, of every recommendation made pursuant to this section. (c) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: (1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate. (3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting a notification pursuant to subdivision (a). (d) Notwithstanding subdivision (a) or (c), upon determining during a terminal inspection or at any other time that the condition of a tour bus shows multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, the department shall immediately order the tour bus out of service. The tour bus shall not be subsequently operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier to the department. (Amended by Stats. 2021, Ch. 311, Sec. 10. (SB 814) Effective January 1, 2022.)
  191. 34505.10.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Motor carriers that contract or subcontract transportation service for other motor carriers must keep required records about vehicle and driver dispatch and driver pay, except records the other carrier must keep.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.10. Motor carriers who contract or subcontract transportation service for other motor carriers shall retain all required records relating to the dispatch of vehicles and drivers and the pay of drivers that are not required to be retained by the carrier for whom the contracted or subcontracted service is performed. (Added by Stats. 1997, Ch. 652, Sec. 12. Effective January 1, 1998.)
  192. 34505.2.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The California Highway Patrol must create protocols for memoranda of understanding with local governments about inspecting tour buses, and those agreements must require the local government to reimburse actual additional inspection costs.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.2. (a) In furtherance of the requirements specified in subdivision (c) of Section 34501, upon the request of, and in consultation with, representatives of a local government in a jurisdiction where tour buses operate, the Department of the California Highway Patrol shall develop protocols for entering into memoranda of understanding with local governments to allow the department to increase the number of the locally operating tour buses that are being inspected by the department. (b) A memorandum of understanding entered into with a local government pursuant to subdivision (a) shall include a provision that the local government will reimburse the department for all actual costs associated with conducting additional inspections. (c) Any inspection conducted pursuant to subdivision (a) shall not be duplicative of an inspection conducted by the department to meet the requirements specified in subdivision (c) of Section 34501. (Added by Stats. 2016, Ch. 685, Sec. 1. (AB 1677) Effective January 1, 2017.)
  193. 34505.5.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Motor carriers covered by this section must inspect certain vehicles at least every 90 days, keep inspection records for two years, and not operate a vehicle with uncorrected inspection defects except to a repair place.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.5. (a) Motor carriers operating any vehicle described in subdivision (a), (b), (e), (f), (g), or (k) of Section 34500, except those vehicles exempted under Section 34501.12, shall, as a part of the systematic inspection, maintenance, and lubrication services required of all motor carriers, require the vehicle or vehicles for which it is responsible pursuant to Section 34501.12 to be inspected at least every 90 days, or more often if necessary to ensure safe operation. Vehicles that are out of service for periods greater than 90 calendar days are not required to be inspected at 90-day intervals if they are inspected before operation on the highway. This inspection shall include, but not be limited to, all of the following: (1) Brake adjustment. (2) Brake system components and leaks. (3) Steering and suspension systems. (4) Tires and wheels. (5) Vehicle connecting devices. (b) No vehicle subject to this section shall be operated on the highway other than to a place of repair until all defects listed during the inspection conducted pursuant to subdivision (a) have been corrected and attested to by the signature of the motor carrier’s authorized representative. (c) Records of inspections conducted pursuant to subdivision (a) shall be kept at the motor carrier’s terminals, as designated in accordance with Section 34501.12. The records shall be retained by the motor carrier for two years, and shall be made available for inspection upon request by any authorized employee of the department. Each record shall include, but not be limited to, all of the following: (1) Identification of the vehicle, including make, model, license number, company vehicle number, or other means of positive identification. (2) Date and nature of each inspection and any repair performed. (3) Signature of the motor carrier’s authorized representative attesting to the inspection and to the completion of all required repairs. (d) Printouts of inspection and maintenance records maintained in computer systems shall be accepted in lieu of signed inspection or repair records if the printouts include the information required in paragraphs (1) and (2) of subdivision (c). (e) Notwithstanding subdivisions (a) to (d), inclusive, records of 90-day inspections need not be retained in California for interstate vehicles that are not physically based in California. However, when these vehicles are present in California, they are subject to inspection by the department. If the inspection results indicate maintenance program deficiencies, the department may require the motor carrier to produce the maintenance records or copies of those records for inspection within 10 working days. (Amended by Stats. 2024, Ch. 226, Sec. 16. (AB 3278) Effective January 1, 2025.)
  194. 34505.6.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must notify carriers before recommending permit action, and it may recommend suspension, revocation, or denial when specified safety or enrollment failures are found.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.6. (a) Upon determining that a motor carrier of property, as defined in Section 34601, either is subject to paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory or unfit rating by the United States Secretary of Transportation, the department shall recommend that the Department of Motor Vehicles suspend or revoke the carrier’s motor carrier permit, or, for interstate operators, the department shall recommend to the Federal Motor Carrier Safety Administration that appropriate administrative action be taken against the carrier. (1) The motor carrier of property has failed to maintain any vehicle of a type described above in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes a consistent failure so as to justify a recommendation to the Department of Motor Vehicles. (2) The motor carrier of property has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (b) Upon determining that a household mover, or a household mover transporting used office, store, or institution furniture and fixtures under its household mover permit issued under Section 19241 of the Business and Professions Code, either is subject to paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory or unfit rating by the United States Secretary of Transportation, the department shall recommend that the Department of Consumer Affairs deny, suspend, or revoke the carrier’s household mover permit, or, for interstate operators, the department shall recommend to the Federal Motor Carrier Safety Administration that appropriate administrative action be taken against the household mover. (1) The motor carrier of property has failed to maintain any vehicle of the carrier in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes a consistent failure so as to justify a recommendation to the Department of Consumer Affairs. (2) The motor carrier of property has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (c) For purposes of this section, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the motor carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for the nonpayment of required fees is a consistent failure. The department shall retain a record, by operator, of every recommendation made pursuant to this section. (d) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: (1) That the department has determined that the carrier’s safety record or compliance with Section 1808.1 is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension, revocation, or denial of the carrier’s motor carrier permit by the Department of Motor Vehicles, suspension, revocation, or denial of the carrier’s household mover permit suspended, revoked, or denied, by the Department of Consumer Affairs, or administrative action by the Federal Motor Carrier Safety Administration. (3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a) or (b). (e) Upon receipt of a written recommendation from the department that a motor carrier permit or household mover permit be suspended, revoked, or denied, the Department of Motor Vehicles or Department of Consumer Affairs, as appropriate, shall, pending a hearing in the matter pursuant to Section 34623 or appropriate Department of Consumer Affairs authority, suspend the motor carrier permit or household mover permit. The written recommendation shall specifically indicate compliance with subdivision (d). (Amended by Stats. 2022, Ch. 295, Sec. 22. (AB 2956) Effective January 1, 2023.)
  195. 34505.7.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    The department must recommend suspension of a private carrier of passengers’ registration when specified safety or driver-enrollment failures are found, and it must give notice and allow a short review period before sending the recommendation.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.7. (a) Upon determining that a private carrier of passengers, as defined in Section 34681 of the Vehicle Code, has either failed to comply with the requirements specified in paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory rating by the United States Secretary of Transportation, the department shall make a written recommendation to the Department of Motor Vehicles that the carrier’s registration be suspended: (1) The private carrier of passengers has failed to maintain any vehicle of the carrier in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, the failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Department of Motor Vehicles. (2) The private carrier of passengers has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (b) For purposes of this section, two consecutive unsatisfactory terminal ratings assigned for failure to comply with the periodic report requirements in Section 1808.1, or cancellation of an employer’s enrollment by the Department of Motor Vehicles for nonpayment of fees, constitutes a consistent failure. The department shall retain a record, by operator, of every recommendation made pursuant to this section. (c) Before transmitting a recommendation pursuant to subdivision (a), the department shall give written notice to the carrier of all of the following: (1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension or revocation of the carrier’s registration by the Department of Motor Vehicles. (3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required by this subdivision. If a review pursuant to this paragraph is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting a notification pursuant to subdivision (a). (d) Commercial vehicle inspection facilities along the border of Mexico, including those in Calexico and Otay Mesa, shall be staffed at all times by a Department of the California Highway Patrol inspector whenever those facilities are open to the public. The Department of the California Highway Patrol shall also assign, as staffing permits, a commercial inspector to control truck traffic entering the United States at the Tecate border crossing. (Amended by Stats. 2021, Ch. 311, Sec. 11. (SB 814) Effective January 1, 2022.)
  196. 34505.8.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Charter-party carriers running charter buses must make sure passengers get safety and emergency-exit instructions before the trip starts, and the department must adopt implementation standards by July 1, 2018.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine. (b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section. (c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code). (d) The amendments to this section as added by the act that added this subdivision shall be operative on July 1, 2018. (Amended by Stats. 2017, Ch. 593, Sec. 4. (SB 20) Effective January 1, 2018. Amended version operative July 1, 2018, pursuant to earlier operation of new subdivision (d).)
  197. 34505.9.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    An ocean marine terminal with enough chassis and good recent compliance may run its own roadability inspection program instead of the Section 34505.5 inspection, but it must follow detailed inspection, recordkeeping, repair, and retention rules.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 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 following conditions: (1) More than 1,000 chassis are based at the ocean marine terminal. (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 the following: (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 representative. (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 roadability inspections. (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 safe manner. (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 shall apply: (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. (Amended by Stats. 2002, Ch. 897, Sec. 1. Effective January 1, 2003.)
  198. 34506.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Failing to comply with certain California Highway Patrol rules or regulations is a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34506. It is a misdemeanor to fail to comply with any rule or regulation adopted by the Department of the California Highway Patrol pursuant to Section 34501, 34501.5, 34508, or 34513 regarding any of the following: (a) Hours of service of drivers. (b) Hazardous material transportation. (c) Schoolbus construction, design, color, equipment, maintenance, or operation. (d) Youth bus equipment, maintenance, or operation. (e) Tour bus equipment, maintenance, or operation. (f) Equipment, maintenance, or operation of any vehicle described in subdivision (a), (b), (c), (d), (e), (f), or (g) of Section 34500. (g) Equipment, maintenance, or operation of any school pupil activity bus. (Amended by Stats. 1991, Ch. 928, Sec. 36. Effective October 14, 1991.)
  199. 34506.3.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    Except where this division says otherwise, failing to comply with a department rule or regulation adopted under this division is an infraction.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34506.3. Except as otherwise provided in this division, it is an infraction to fail to comply with any rule or regulation adopted by the department pursuant to this division. (Amended by Stats. 1991, Ch. 298, Sec. 2.)
  200. 34506.4.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. )

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    This section lets California Highway Patrol officers remove or impound certain unsafe or illegally operated vehicles, and makes the owner pay towing and storage fees.

    ## Vehicle Code - VEH ## DIVISION 14.8. SAFETY REGULATIONS [34500 - 34520.5] ( Division 14.8 added by Stats. 1963, Ch. 2148. ) ## 34506.4. (a) Any member of the Department of the California Highway Patrol may remove from the highway and have placed in a storage facility, any vehicle described in subdivision (a) of Section 22406, subdivision (g) of Section 34500, and any motortruck with a gross vehicle weight rating of more than 10,000 pounds, which is in an unsafe condition. (b) Any member of the Department of the California Highway Patrol may impound any farm labor vehicle operated in violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, subject to the following requirements: (1) A farm labor vehicle impounded for a first violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402 may be released within 24 hours upon delivery to the impounding authority of satisfactory proof that the vehicle will be legally moved or transported to a place of repair. (2) A farm labor vehicle shall be impounded for not less than 10 days for a second violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of two of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 10 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (3) A farm labor vehicle shall be impounded for not less than 30 days for a third or subsequent violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of three or more of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 30 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (c) All towing and storage fees for a vehicle removed under this section shall be paid by the owner. (Amended by Stats. 2000, Ch. 873, Sec. 4. Effective January 1, 2001.)

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