Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
(1) Shippers shall not offer and carriers
shall not transport any shipment of a HM not prepared for transportation in
accordance with this Article.
(2) A
carrier and a shipper/carrier with one or more terminal locations in California
shall be in compliance with Section
34501.12 of
the Vehicle Code.
(3) Shippers
shall verify the carrier holds a valid Hazardous Materials Transportation
License prior to offering HM for transportation in quantities requiring the
license.
(b) References
to Statutes and Regulations. Any reference to provisions of these regulations
or to statutes shall apply to all amendments and additions made to such
regulatory or statutory provisions.
(c) Alternate Method of Compliance. Upon a
finding that an alternate method of compliance provides protection to the
public equal to or exceeding that afforded by compliance with provisions of
this article, the Department may authorize use of such alternate method subject
to the following:
(1) Any alternate method of
compliance shall be permitted only after application has been made to and
written authorization obtained from the Department.
(2) Written authorization shall be carried in
each transporting vehicle or combination.
(3) No authorization for an alternate method
of compliance shall be accorded any highway carrier subject to federal
jurisdiction, nor shall such authorization apply to the preparation of HM for
interstate transportation.
(4) No
authorization for an alternate method of compliance shall be granted when a
special permit or exemption has been issued by the U.S. Department of
Transportation, Associate Administrator for Hazardous Materials Safety
authorizing the requested alternate method.
(d) Special Permits and Exemptions.
Compliance with requirements of special permits and exemptions issued by the
U.S. Department of Transportation, Associate Administrator for Hazardous
Materials Safety in accordance with 49 CFR Part 107, shall be deemed in
compliance with equivalent provisions of this article.
(e) Inspection by Department. Carriers and
shippers shall afford duly authorized employees of the Department reasonable
opportunity to enter terminals and other locations to determine compliance with
the provisions of this article.
(f)
Unsafe Transportation Prohibited. Authorized employees of the Department shall
declare and mark any vehicle out-of-service (OOS) when the condition,
securement, preparation of lading, filling, closures, or protective devices on
cylinders and tanks would be hazardous to life and property during
transportation.
(1) No carrier shall require
or permit any person to operate nor shall any person operate any vehicle marked
OOS until all necessary corrections have been completed.
(2) No person shall remove any OOS notice
from any vehicle prior to the completion of all corrections required by the
notice.
(g) Hazardous
Materials Transportation License.
(1)
Application. The carrier shall submit a completed Form CHP 361M (Rev. 06-12),
Application for Hazardous Materials Transportation License. The carrier shall
include all required information on the Form CHP 361M listed below:
(A) Company/Applicant Name.
(B) Additional Name the Company is Doing
Business As.
(C) Name
Change.
(D) Federal Employer
Identification Number.
(E) Social
Security Number (must be provided for individuals).
(F) Telephone Number.
(G) Main Office Street Address.
(H) Mailing Address (if different from the
main office address).
(I) Reason
for Application.
(J) Ownership
Information.
(K) Mail License
Attention.
(L) California Carrier
Identification Number.
(M) CHP
Hazardous Materials Transportation License Number and Expiration Date (if
applicable).
(N) MC/MX Number (if
applicable).
(O) USDOT Number (if
applicable).
(P) California
Corporation Number (if applicable).
(Q) Pipeline and Hazardous Materials Safety
Administration Registration Number and Expiration Date (if
applicable).
(R) Federal Motor
Carrier Safety Administration Hazardous Materials Safety Permit Number and
Expiration Date.
(S) Specialized
Highway Routing Requirement Information.
(T) Applicant Background.
(1) An explanation of all "yes" answers to
Applicant Background questions are required to be attached to the
application.
(U) Carrier
Identification of Terminals.
(V)
Certification Information.
(1) Original
authorized certifier's signature.
(2) The printed or typed name and title of
the certifier.
(3) The date of
certification.
(2) Fees. The fee for a new or initial
license is one hundred dollars ($100), the fee for a renewal license is
seventy-five dollars ($75), and the fee for a duplicate license is five dollars
($5.00).
(3) Original License. The
original valid license shall be kept at the licensee's place of business as
indicated on the license and presented to any duly authorized employee of the
Department upon request.
(A) The original
license shall be immediately surrendered to the Department upon cancellation,
suspension, or revocation. The carrier shall immediately forward the original
license to the California Highway Patrol, Commercial Vehicle Section, via US
Mail or other appropriate means and shall destroy all copies.
(B) A license may be revoked without
prejudice in the event the license is issued in error.
(C) A license shall not be issued to any
carrier unless all appropriate applications and fees are on file with the
Department.
(D) The Department
shall not issue a new or initial license to any carrier subject to Section
34501.12 of
the Vehicle Code unless each terminal from which HM carrying vehicles are
operated is in compliance with the requirements of Section 34501.12 and is
currently rated satisfactory.
(E)
Except as otherwise provided, the Department shall not issue a new or initial
license to any carrier who has received an unsatisfactory rating within the
previous three years as the result of any inspection conducted pursuant to
Section
34501,
34501.12, or
34520 of the
Vehicle Code, unless the carrier has corrected the unsatisfactory rating prior
to applying for the license. The correction shall be evidenced by the
assignment of a satisfactory or conditional rating, issued by the Department,
as the result of a reinspection conducted to ensure remedy of any existing
unsatisfactory conditions and for which the previous unsatisfactory rating was
assigned. In order to ensure issuance of a license is not unreasonably
hindered, the Department may require the carrier to provide documented proof of
correction upon request.
(F) An
original license shall not be issued unless the carrier is in compliance with
the Code of Federal Regulations, Title 49, Part 107, Subpart G, and Part 171,
Subpart A. The Department may require proof of compliance with applicable
requirements prior to the issuance of any license.
(4) Renewal License. Carriers with a valid
license may renew the license if the renewal request and required fees are on
file with the Department within the 30 day period following the expiration of
the existing license when accompanied by the fee for a new license and;
(A) No proof of transportation of HM is
discovered for any period during which the carrier was not properly
licensed.
(5) New
License. Carriers who have previously held a valid license may be issued a New
License under the following conditions:
(A)
The request and required fees are received by the Department more than 30 days
after the expiration of the existing license.
(B) No proof of transportation of HM is
discovered in any period during which the carrier was not properly
licensed.
(6) It shall be
the responsibility of the carrier to obtain an application and ensure a license
is issued or renewed, prior to the transportation of HM.
(7) Copy in each vehicle. A legible copy of
the license or another document bearing the license number, identified as the
license issued by the Department, shall be carried in any vehicle or
combination of vehicles transporting HM and shall be presented to any peace
officer or authorized employee upon request.
(8) Temporary License. Carriers subject to
and in compliance with the provisions of Vehicle Code Sections
34501,
34501.12, and
34520, who
have submitted a properly completed application and the required license fee to
the Department and who have not been assigned an unsatisfactory compliance
rating within the preceding three years, may use either of the following as a
temporary license for not more than 60 days when carried in the vehicle:
(A) A copy of the carrier's properly
completed application for license to transport HM and a copy of the check or
money order indicating payment of the required fee.
(B) A copy of the carrier's properly
completed application for license to transport HM and a telegraphic money order
receipt, or copy thereof, made payable to the California Highway Patrol,
indicating payment of the required fee for a license to transport
HM.
(9) The Department's
license issuance and verification process should not unreasonably hinder a
carrier's capacity to transport HM.
(10) Exceptions. Federal, State, county,
city, and city and county agencies, and other political subdivisions of the
State including, but not limited to, school, irrigation, and fire protection
districts are exempt from the licensing requirements of Vehicle Code Section
32000.5.
Internet Access. The California Highway Patrol Form CHP 361M (Rev. 06-12),
Application for Hazardous Materials Transportation License, instructions for
completing the application and related documents are available on the Internet
at
http://www.chp.ca.gov/.
1. Amendment
of subsection (e) filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2.
Amendment of subsection (e) filed 1-20-78 as an emergency; effective upon
filing (Register 78, No. 3).
3. Editorial correction to previous
history note and designation of subsections (Register 78, No.
12).
4. Certificate of Compliance filed 3-21-78 (Register 78, No.
12).
5. New subsection (g) filed 2-22-82; effective thirtieth day
thereafter (Register 82, No. 9).
6. Amendment filed 6-22-83;
effective thirtieth day thereafter (Register 83, No. 26).
7.
Repealer of subsection (g)(5) filed 9-7-84; effective thirtieth day thereafter
(Register 84, No. 36).
8. Amendment of subsections (g)(3) and (g)(4)
filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
9. Amendment
of subsection (a) filed 11-30-88; operative 12-30-88 (Register 88, No.
51).
10. Amendment of subsection (g)(3) filed 3-10-92; operative
4-9-92 (Register 92, No. 12).
11. Amendment of subsections (c)(4),
(d)(1) and (f), and repealer of subsections (d)(2)-(3) filed 3-6-95; operative
4-5-95 (Register 95, No. 10).
12. Amendment of subsections (a) and
(d) filed 10-5-99; operative 11-4-99 (Register 99, No. 41).
13.
Amendment of subsections (g)(1)-(g)(4), new subsection (g)(5) and new last
paragraph filed 11-8-2000; operative 12-8-2000 (Register 2000, No.
45).
14. Amendment filed 3-10-2009; operative 4-9-2009 (Register
2009, No. 11).
15. Amendment of subsections (g)(1) and
(g)(2)(C)-(D), new subsection (g)(2)(E), subsection relettering, amendment of
subsection (g)(3), new subsection (g)(3)(A) and amendment of subsections (g)(4)
and (g)(7) and NOTE filed 4-27-2010; operative 5-27-2010 (Register 2010, No.
18).
16. Amendment of subsections (a)(1), (a)(3), (c)-(c)(1), (c)(3)
and (e)-(f)(2), new subsections (g)(1)-(g)(1)(V)(3), subsection renumbering and
amendment of newly designated subsections (g)(3)(A), (g)(3)(D)-(E), (g)(4)(A),
(g)(5)(B)-(g)(7) and (g)(8)(A)-(g)(10) filed 6-9-2014; operative 10-1-2014
(Register 2014, No. 24).
17. Amendment of subsections (g)(7) and
(g)(10) filed 6-29-2017; operative 10-1-2017 (Register 2017, No.
26).
Note: Authority cited: Sections 2532, 32000.5, 32002 and
34501, Vehicle Code. Reference: Sections 2501, 2502, 32000.5, 32001 and 34501,
Vehicle Code.
