Transporting Hazardous Material, Legal Issues
California Law relating to Hazardous Materials
(HAZMAT):

The California Highway Patrol issues many citations for
hazardous materials violations and permit problems.  Drivers of
hazardous material are some of the best in the business and are
professionals who deserve the respect of law enforcement,
however that is not always the case in Kern County.   The
following is a summary of California Law in the area:

Hazardous materials and wastes including radioactive materials
pose a risk to health, safety, and property during transportation.
The Hazardous Materials Table lists materials considered
hazardous. The rules (Title 49 Code of Federal Regulations
[CFR]) sometimes require diamond-shaped, square-on-point,
warning signs on vehicles transporting certain types or
quantities of hazardous materials. These signs are called
placards.

You must have a commercial driver license with a HAZMAT
endorsement before driving vehicles carrying hazardous
materials which require placards. To get the endorsement, you
must pass a written test in English about the hazardous
materials transportation rules. By studying this section you will
learn to recognize hazardous cargo, to contain the material, and
to communicate the danger.

Every employee who transports hazardous materials must
receive training to recognize and identify hazardous materials
and become familiar with HAZMAT requirements. (49 CFR
172.702, 172.704, and 13 CCR 1161.7) Government and industry
publishers sell copies of the regulations. Union or company
offices often have copies of the rules for driver use. Find out
where you can get your own copy to use on the job.

In addition to the general HazMat training requirements (49 CFR
172.700–172.706) and repeated training every three years,
drivers are also required to be trained in function- and
commodity-specific requirements (e.g., flammable cryogenic
liquids or Highway Route Controlled Quantities [HRCQ] of
radioactive materials.)

Permits. A permit or route restriction may be required to
transport some classifications and quantities of hazardous
materials. Contact the California Highway Patrol and the U. S.
Department of Transportation for information. Permits and
registrations may also be required for hazardous waste and
medical waste transportation. Contact the Department of Toxic
Substances Control and the Department of Health Services
respectively, for information.

If you apply for an original or renewal HazMat endorsement, you
must undergo a Transportation Security Administration (TSA)
federal security threat assessment (background records check).
You start the TSA background records check after you apply for
your CDL at DMV, successfully complete all appropriate law
tests, and submit a valid medical form. You must submit
fingerprints, a $94 fee, and any additional required information
to one of TSA’s designated agents. You must also provide the
TSA agent with a copy of your CDL permit and one of the
following identification documents:

A California DL/ID card
An out-of-state DL
Your CDL permit accompanied by a DMV photo receipt

California Hazardous Material Transportation License

Every motor carrier who transports the following hazardous
materials in California must have a Hazardous Materials
Transportation License issued by the CHP (VC §32000.5):

Hazardous materials shipments (unless specifically excepted)
for which the display of placards is required per VC §27903.
Hazardous materials shipments in excess of 500 lbs.,
transported for a fee, which would require placarding if shipped
in greater amounts in the same manner.
A valid legible copy of the carrier’s Hazardous Materials
Transportation License must be carried in the vehicle and be
presented to any peace officer upon request. (13 CCR 1160.3[g]
[2])

This is in addition to the federal HazMat registration that may be
required under 49 CFR 107.601.  

Contact our Office for help if you have been issued a citation for
a Hazmat or permit violation in Kern County at 1-877-617-4486,
Toll Free.  Hazmat tickets are costly and can adversely impact
on a drivers DMV record.  Our attorneys can fight unwarranted  
and unjustified citations for these offenses.
MojaveLawyer.com        Toll Free 1-877-617-4486
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