Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Definitions of Safety Compliance Ratings. Compliance ratings
shall have the following meanings:
(1)
Satisfactory. A satisfactory rating means compliance with applicable laws and
regulations or only minor discrepancies in statutory or regulatory requirements
were noted, and overall compliance was within reasonable bounds.
(2) Unsatisfactory. An unsatisfactory rating
means a continued disregard of statutory or regulatory requirements, a finding
of numerous violations, a finding of serious violations that adversely affect
the safe operation of vehicles, or a lack of compliance with hazardous
materials shipping or carriage requirements.
(3) Conditional. A conditional rating means
there was a previous rating of "unsatisfactory;" and the carrier, terminal,
facility or shipper has been reinspected and compliance is no longer
necessarily "unsatisfactory," but that actual compliance cannot be determined.
A follow-up inspection will be conducted to determine
compliance.
(b)
Inspections by the Department.
(1) Motor
carriers. Motor carriers are inspected by the Department at their principal
places of business and assigned safety compliance ratings which reflect each
motor carrier's overall compliance with the requirements of Vehicle Code
Section 34520.
(2) Motor carrier
terminals and maintenance facilities. Motor carrier terminals and maintenance
facilities are inspected by the Department pursuant to Vehicle Code Sections
34501(a)(4), 34501(c), and 34501.12(d) and assigned safety compliance ratings
which reflect each terminal's overall compliance with the laws and regulations
governing drivers' hours of service, vehicle condition, preventive maintenance
practices, hazardous materials carriage, and records required by statute or
regulation.
(A) Overall compliance with
vehicle condition requirements and adequacy of preventive maintenance practices
may be determined, in whole or in part, by considering vehicle inspections
conducted at the terminal or by the use of Commercial Vehicle Safety Alliance
North American Standard Level I or V vehicle safety inspections, conducted by
any authorized personnel, within the immediately preceding 90
days.
(3) Hazardous
materials shippers. Hazardous materials shippers are inspected by the
Department and are assigned safety compliance ratings which reflect each
shipper's overall compliance with laws and regulations governing the packaging,
description, marking, labeling, offering and other requirements of the United
States Department of Transportation governing the transportation of hazardous
materials, including any exceptions contained in state law or
regulation.
(c)
Assignment of Safety Compliance Ratings. The Department's evaluation of the
motor carrier's, terminal's, or hazardous materials shipper's potential for
overall safety shall be the final determining factor in the rating
assigned.
(d) Rating Review. Any
motor carrier, or shipper who receives an unsatisfactory rating and believes
the rating is not justified, may, within five calendar days following the
assignment of the rating, request a review of the rating by contacting the
Department at the telephone number indicated on the inspection report. The sole
purpose of the rating review is to determine whether the inspection and its
findings are consistent with laws, regulations, and Department policy in effect
at the time of the inspection. A rating review is not for the purpose of
evaluating any corrective actions taken by the carrier or shipper since the
time of the inspection.
(e)
Consistent Failure. For the purposes of initiating civil, criminal, or
administrative action against any motor carrier, permit, operating authority,
or license, and as used in Sections 34505.1, 34505.6, 34505.7, and 34623 of the
Vehicle Code, a finding of consistent failure shall be made following the
assignment of three or more consecutive unsatisfactory safety compliance
ratings as the result of any inspection described in Subsection (b).
(f) Imminent Danger. For the purposes of
initiating civil, criminal, or administrative action against any motor carrier,
permit, operating authority, or license, and as used in Sections 34505.1,
34505.6, 34505.7, and 34623 of the Vehicle Code, a finding of imminent danger
shall be made as the result of any inspection described in Subsection (b),
under any of the following conditions:
(1)
Unsafe mechanical condition of commercial motor vehicles resulting in more than
one-half of the inspection sample being placed out of service for conditions
meeting the Commercial Vehicle Safety Alliance North American Standard
Out-of-Service Criteria incorporated by Section
1239.
(2) A motor carrier requiring or permitting
any driver to exceed the maximum allowable driving time, or make false reports
in conjunction with any duty activities, exceeding ten percent of the total
days audited.
(3) A motor carrier
allowing, permitting, requiring, or authorizing a driver to operate a
commercial motor vehicle when the driver's license status prohibits such
operation.
(4) Lack of compliance
with any hazardous materials requirement which jeopardizes public or
environmental safety, or hinders prompt action by emergency response
personnel.
(5) A motor carrier
allowing a driver to perform a safety sensitive function in violation of Title
49, Code of Federal Regulations, as follows:
(A) A driver performing a safety sensitive
function or a motor carrier permitting a driver to perform a safety sensitive
function following a test result of 0.04 blood alcohol concentration or
greater, when the driver has used alcohol while on duty, or when the driver has
used alcohol within four hours prior to going on duty.
(B) A driver performing a safety sensitive
function or a motor carrier permitting a driver to perform a safety sensitive
function, after the driver has refused to submit to any controlled substances
or alcohol test.
(C) A driver
performing a safety sensitive function or a motor carrier permitting a driver
to perform a safety sensitive function after the driver has used a controlled
substance, has a verified positive test result, or has adulterated or
substituted a test specimen.
(g) Carrier Responsibility for Disclosure of
Safety Compliance Ratings.
(1) A motor
carrier contracting to transport passengers in a bus shall give notice to the
user of the carrier's most recent safety compliance rating.
(2) A motor carrier transporting school
pupils to or from school activities in a school bus or school pupil activity
bus (SPAB) shall give notice to the school district superintendent of the
carrier's most recent safety compliance rating.
(3) Notice may be given by posting the safety
compliance rating in the public area of the carrier's terminal or principal
place of business, or by publishing the rating in the local news
media.
(4) The carrier shall
provide its latest rating upon any request from the public whether received in
writing, in person, or by telephone. Safety compliance ratings are also
available from the Department.
1. New
section filed 4-29-82; effective thirtieth day thereafter (Register 82, No.
18).
2. Amendment filed 4-27-83; effective thirtieth day thereafter
(Register 83, No. 18).
3. Amendment filed 9-6-95; operative 10-6-95
(Register 95, No. 36).
4. Repealer and new section and amendment of
NOTE filed 4-6-99; operative 5-6-99 (Register 99, No. 15).
5.
Editorial correction of subsection (b)(3) (Register 99, No. 20).
6.
Amendment of subsection (b)(2), new subsections (e)-(f)(5)(C), subsection
relettering and amendment of Note filed 11-17-2011; operative 12-17-2011
(Register 2011, No. 46).
7. New subsection (b)(2)(A) filed
9-15-2014; operative 1-1-2015 (Register 2014, No.
38).
Note: Authority cited: Sections 31401, 34501, 34501.5,
34508 and 34520, Vehicle Code. Reference: Sections 31401, 34501, 34501.5,
34505.1, 34505.6, 34505.7, 34508, 34520 and 34623, Vehicle
Code.
