California Assembly Bill AB463 Introduced / Bill

 BILL NUMBER: AB 463INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Tran FEBRUARY 24, 2009 An act to amend Section 32000.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 463, as introduced, Tran. Vehicles: hazardous materials. Existing law generally requires a motor carrier who directs the transportation of an explosive and a motor carrier who directs the transportation of a hazardous material, who is required to display specified placards, and a motor carrier who transports for a fee more than 500 pounds of a certain type of hazardous materials, to be licensed in accordance with the Vehicle Code, unless that code or regulations adopted pursuant to that code specifically exempt the motor carrier from the licensing requirements. Existing law prohibits the Department of the California Highway Patrol from issuing a license to transport hazardous materials to a motor carrier unless each terminal from which hazardous materials carrying vehicles are operated is in compliance with the Biennial Inspection of Terminals Program and is currently rated satisfactory. Existing law requires the department to adopt rules and regulations that provide for a temporary license to transport hazardous materials for motor carriers who, within the previous 3 years, have not been issued an unsatisfactory rating for specified inspections. This bill would require the department to issue a new or initial license to transport hazardous materials to a motor carrier that applies for a license to transport hazardous materials and that, within the previous 3 years, has been issued an unsatisfactory rating as a result of specified inspections, if the motor carrier has corrected the unsatisfactory rating before applying for the license to transport hazardous materials. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 32000.5 of the Vehicle Code is amended to read: 32000.5. (a)  Every   A  motor carrier who directs the transportation of an explosive and  any   a  motor carrier who directs the transportation of a hazardous material, who is required to display placards pursuant to Section 27903, and  every   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  the provisions of  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  any   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)  Motor carriers that are   A motor carrier that is  transporting a hazardous waste and  are   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  any   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  the requirements of  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  carriers   a carrier  who, within the previous three years,  have   has  not been issued an unsatisfactory rating  for   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) The department shall issue 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.