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2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34505.10.

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.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34506.

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.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34506.4.

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.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34506.5.

34506.5. (a) A farm labor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402 and has been impounded for a second or subsequent time pursuant to paragraph (3) of subdivision (b) of Section 34506.4.
(b) (1) A registered or legal owner of record at the time of impoundment may request a hearing to determine the validity of the impoundment pursuant to paragraph (1) or (2) of subdivision (n) of Section 14607.6.
(2) If it is determined that the necessary repairs had been completed and the farm labor vehicle complied with existing laws at the time of impoundment, the agency employing the person who directed the impoundment shall be responsible for the costs incurred for towing and storage.
(c) Procedures established in subdivisions (e), (f), (g), (h), (i), (j), (k), (l), (o), (p), (q), (r), (t), (u), and (v) of Section 14607.6 shall be utilized for the forfeiture of an impounded farm labor vehicle.
(Added by Stats. 2000, Ch. 873, Sec. 5. Effective January 1, 2001.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34507.

34507. To assist the department in enforcing this division, a vehicle that is subject to this division and to the jurisdiction, control, and regulation of the Department of Motor Vehicles, the Public Utilities Commission, or the United States Secretary of the Department of Transportation shall have displayed prominently a distinctive identifying symbol as required by Section 34507.5.
(Amended by Stats. 2006, Ch. 288, Sec. 16. Effective January 1, 2007.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34507.6.

34507.6. (a) Every operator of transportation service which is exempt from regulation as a charter-party carrier of passengers pursuant to subdivision (k) or (l) of Section 5353 of the Public Utilities Code, and which furnishes that transportation service in a bus, shall obtain a carrier identification number from the Department of the California Highway Patrol. Application for a carrier identification number shall be on a form furnished by the Department of the California Highway Patrol.
(b) (1) The carrier identification number so obtained by the operator shall be displayed on both sides of each bus used in that transportation service.
(2) The display of the carrier identification number shall be in sharp contrast to the background, and shall be of a size, shape, and color as to be readily legible during daylight hours from a distance of at least 50 feet.
(3) The carrier identification number shall be removed before the sale, transfer, or other disposal of the bus.
(Added by Stats. 1988, Ch. 1039, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34509.

34509. Vanpool vehicles, as defined in Section 668, and vanpool vehicles when used for purposes other than traveling to and from a work location and transporting not more than 10 persons including the driver, shall be exempt from the regulations adopted pursuant to Section 34501, except that the following shall apply:
(a) The vanpool vehicle shall be equipped with an operable fire extinguisher which is of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B:C and which is securely mounted and readily accessible.
(b) The vanpool vehicle shall be equipped with a first aid kit, conforming to the minimum requirements for schoolbuses. First aid kits shall be readily visible, accessible, and plainly marked “First Aid Kit.”
(c) The vanpool vehicle shall be regularly and systematically inspected, maintained, and lubricated 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, as a minimum, an in-depth inspection of the vehicle’s brake system, steering components, lighting system, and wheels and tires, to be performed at intervals of not more than every six months or 6,000 miles, whichever occurs first.
(d) Operators of vanpool vehicles shall document each systematic inspection, maintenance, and lubrication and repair performed for each vehicle under their control. Required records shall include services performed, the person performing the service, the date, and the mileage on the vehicle at the time of the repair. The records shall be maintained with the vehicle for one year, and shall be presented upon demand to any authorized representative of the California Highway Patrol.
(e) Vanpool vehicles being operated pursuant to the exemptions specified in this section shall display, upon the rear and sides of the vehicle, a sign or placard, clearly visible and discernable for a distance of not less than 50 feet, indicating that the vehicle is being used as a vanpool vehicle.
(Added by Stats. 1982, Ch. 46, Sec. 11.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34510.

34510. Persons operating vehicles, or combinations of vehicles, in the transportation of hazardous material and subject to this division, shall carry in the vehicle while en route any shipping papers required to accompany the vehicle in accordance with regulations adopted pursuant to Section 2402. The bill of lading or other shipping paper 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. 2001, Ch. 504, Sec. 8. Effective January 1, 2002.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34511.

34511. Any violation of any provision of this division or regulation adopted pursuant thereto 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.
The department may not submit a request for civil action and the Attorney General may not bring action pursuant to this section unless the person charged with a violation of this division or regulation adopted pursuant thereto fails to take corrective action after being notified of the violation by the department, in writing, on at least two occasions over a 60-day period. Prior to the submission of the department’s request for civil action, the person charged shall receive, at his or her request, a departmental hearing on the matter and the department’s request for civil action shall be forwarded by the department to, and approved by, the Commissioner of the California Highway Patrol.
(Added by Stats. 1982, Ch. 789, Sec. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34514.

34514. (a) Beginning with the 1990–91 fiscal year, the department shall, upon appropriation of the requisite funds by the Legislature, annually conduct additional roadside vehicle safety inspections of vehicles described in Section 34501.12. These roadside inspections shall be in addition to the maintenance facility and terminal inspections required by that section, and over and above the number of roadside vehicle safety inspections conducted during the 1987–88 fiscal year.
(b) It is the intent of the Legislature that, beginning with the 1990–91 fiscal year, funds are to be appropriated to the department annually, for the purposes of subdivision (a), from the Motor Vehicle Account in the State Transportation Fund, to the extent that sufficient funds are collected pursuant to Section 34501.12.
(Amended by Stats. 1992, Ch. 1243, Sec. 100. Effective September 30, 1992.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34515.

34515. (a) As used in this division and in regulations adopted pursuant to this division, “maintenance facility or terminal” means any place or places where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which it is operated or dispatched. “Maintenance facility or terminal” includes a private business or residence.
(b) For the purpose of the inspections conducted pursuant to Section 34501.12, “terminal” means the location or locations in this state that are designated by a motor carrier, where subject vehicles may be inspected by the department and where vehicle maintenance and inspection records and drivers’ records will be made available for inspection.
(c) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 11) and added by Stats. 2013, Ch. 500, Sec. 12. (AB 529) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34516.

34516. (a) No person shall use or arrange for the use of a refrigerated motor vehicle, tank truck, dry van, or other motor vehicle, to provide transportation of food products for human consumption if the vehicle has been used to transport solid waste destined for landfills, or if precluded from use in accordance with subdivision (c).
(b) A violation of this section is a misdemeanor.
(c) If, pursuant to a federal statute having the same purposes as the act which added this section to the Public Utilities Code during the 1990 portion of the 1989–90 Regular Session, the United States Secretary of Transportation publishes a list of categories of solid waste or hazardous substances which he or she determines make food unsafe as a result of having been transported in a refrigerated motor vehicle, tank truck, dry van, or other motor vehicle also used to transport food products for human consumption, subdivisions (a) and (b) apply to those substances.
(d) A person or corporation charged with a violation of this section may avoid liability upon a showing by clear and convincing evidence that the transportation alleged to violate this section did not in fact endanger the public health, due to the specific protective or remedial actions taken by the person or corporation charged.
(Added by Stats. 1990, Ch. 1685, Sec. 12.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34517.

34517. (a) With respect to a commercial motor vehicle from another country, a person shall not operate the vehicle outside the boundaries of a designated commercial zone unless the required operating authority from the United States Secretary of the Department of Transportation has first been obtained.
(b) A violation of subdivision (a) is an infraction punishable by a fine of one thousand dollars ($1,000).
(c) Notwithstanding subdivision (b), a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall issue a citation for a violation of subdivision (a) to the driver of the vehicle and order the driver of the vehicle to return the vehicle to its country of origin. The peace officer may impound a vehicle cited pursuant to this section and its cargo until the citation and all charges related to the impoundment are cleared. The impoundment charges are the responsibility of the vehicle’s owner.
(d) As used in this section, “designated commercial zone” means a commercial zone, as defined in Part 372 (commencing with Section 372.101) of Title 49 of the Code of Federal Regulations.
(Amended by Stats. 2006, Ch. 288, Sec. 18. Effective January 1, 2007.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34518.

34518. (a) A foreign motor carrier or foreign private motor carrier required to have a certificate of registration issued by the United States Secretary of the Department of Transportation pursuant to Part 368 (commencing with Section 368.1), or required to be registered pursuant to Part 365 (commencing with Section 365.101), of Title 49 of the Code of Federal Regulations shall not do any of the following:
(1) Operate in this state without the required certificate in the vehicle.
(2) Operate beyond the limitations or restrictions specified in the certificate as issued.
(3) Refuse to show the certificate upon request of a peace officer.
(4) Provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo.
(b) A motor carrier required to be registered with the United States Secretary of the Department of Transportation pursuant to Section 13902 of Title 49 of the United States Code, Part 365 (commencing with Section 365.101), Part 390 (commencing with Section 390.1), or Section 392.9a of Title 49 of the Code of Federal Regulations shall not do any of the following:
(1) Operate in this state without the required registration.
(2) Operate beyond the limitations or restrictions specified in its registration.
(3) Operate in this state without the required operating authority.
(c) A violation of subdivision (a) or (b) is an infraction punishable by a fine of one thousand dollars ($1,000).
(d) A member of the Department of the California Highway Patrol may impound a vehicle operated in violation of subdivision (a) or (b) and its cargo, until the citation and all charges related to the impoundment are cleared. The impoundment charges are the responsibility of the vehicle’s owner.
(e) (1) A motor carrier granted permanent operating authority pursuant to subdivision (a) shall not operate a vehicle on a highway, unless the vehicle is inspected by a Commercial Vehicle Safety Alliance-certified inspector every three months and displays a current safety inspection decal attesting to the successful completion of those inspections for at least three years after receiving permanent operating authority.
(2) Paragraph (1) does not apply to a motor carrier granted authority to operate solely in a commercial zone on the United States-Mexico International Border.
(f) As used in this section “limitations” or “restrictions” include definitions of “commercial zones,” “municipality,” “contiguous municipalities,” “unincorporated area,” and “terminal areas,” in Part 372 (commencing with Section 372.101) of Title 49 of the Code of Federal Regulations.
(Amended by Stats. 2010, Ch. 491, Sec. 48. (SB 1318) Effective January 1, 2011.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34520.3.

34520.3. (a) For the purposes of this section, a “school transportation vehicle” is a vehicle that is not a schoolbus, school pupil activity bus, or youth bus, and is used by a school district or county office of education for the primary purpose of transporting children.
(b) A school district or county office of education that employs drivers to drive a school transportation vehicle, and the driver of those vehicles, who are not otherwise required to participate in a testing program of the United States Secretary of Transportation, shall participate in a program that is consistent with the controlled substances and alcohol use and testing requirements of the United States Secretary of Transportation that apply to schoolbus drivers and are set forth in Part 382 (commencing with Section 382.101) of, and Sections 392.5(a)(1) and (3) of, Title 49 of the Code of Federal Regulations.
(c) It is the intent of the Legislature that this section be implemented in a manner that does not require a school district or county office of education to administer a program for drivers of school transportation vehicles that imposes controlled substance and alcohol use and testing requirements greater than those applicable to school bus drivers under existing law.
(Added by Stats. 2005, Ch. 324, Sec. 1. Effective January 1, 2006.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.8 - SAFETY REGULATIONS › Section 34520.5.

34520.5. (a) All employers of drivers who operate paratransit vehicles, and the drivers of those vehicles, who are not otherwise required to participate in a testing program of the United States Secretary of Transportation, shall participate in a program consistent with the controlled substances and alcohol use and testing requirements of the United States Secretary of Transportation as set forth in Part 382 (commencing with Section 382.101), Part 653 (commencing with Section 653.1), or Part 654 (commencing with Section 654.1) of Title 49 of the Code of Federal Regulations.
(b) Section 34520 is applicable to any controlled substances or alcohol testing program undertaken under this section.
(c) The employer of a paratransit vehicle driver shall participate in the pull notice system defined in Section 1808.1.
(Amended by Stats. 1999, Ch. 1007, Sec. 25. Effective January 1, 2000.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 1 - General Provisions and Definitions › Section 34600.

34600. This division shall be known and may be cited as the Motor Carriers of Property Permit Act.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 1 - General Provisions and Definitions › Section 34602.

34602. As used in this division, “fund” means the Motor Vehicle Account in the State Transportation Fund.
(Amended by Stats. 2002, Ch. 805, Sec. 22. Effective September 23, 2002. Operative July 1, 2003, by Sec. 26 of Ch. 805.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 1 - General Provisions and Definitions › Section 34603.

34603. The Department of the California Highway Patrol, the Public Utilities Commission, the Bureau of Household Goods and Services, and the State Board of Equalization shall furnish, upon request, whatever information from their records may be required to assist the department in the effective development and enforcement of this division.
(Amended by Stats. 2022, Ch. 295, Sec. 25. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 1 - General Provisions and Definitions › Section 34604.

34604. The department may adopt reasonable rules and regulations necessary to administer this division. The department may also adopt rules and regulations necessary to administer civil sanction proceedings and impose fines for failure to comply with Division 14.8 (commencing with Section 34500), or this division, or regulations adopted pursuant to this code.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 1 - General Provisions and Definitions › Section 34605.

34605. (a) The department may contract with the Office of Administrative Hearings to administer proceedings and impose fines for failure to comply with Division 14.8 (commencing with Section 34500), or this division, or regulations adopted pursuant to this code.
(b) The department and the California Highway Patrol may also contract with the Public Utilities Commission to administer this division in a manner described by the contract, or if permitted by the Department of Motor Vehicles, in a manner as existed on January 1, 1996. This temporary authority shall be terminated on December 31, 1997.
(c) All fees collected under this contract shall be deposited in the Motor Vehicle Account in the State Transportation Fund.
(Amended by Stats. 2002, Ch. 805, Sec. 23. Effective September 23, 2002. Operative July 1, 2003, by Sec. 26 of Ch. 805.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 2 - Motor Carrier Permits › Section 34621.

34621. (a) The fee required by Section 7232 of the Revenue and Taxation Code shall be paid to the department upon initial application for a motor carrier permit and for annual renewal.
(b) An application for an original or a renewal motor carrier permit shall contain all of the following information:
(1) The full name of the motor carrier; any fictitious name under which it is doing business; address, both physical and mailing; and business telephone number.
(2) Status as individual, partnership, owner-operator, or corporation, and officers of corporation and all partners.
(3) Name, address, and driver’s license number of owner-operator.
(4) California carrier number, number of commercial motor vehicles in fleet, interstate or intrastate operations, State Board of Equalization, federal Department of Transportation or the Federal Motor Carrier Safety Administration number, as applicable.
(5) Transporter or not a transporter of hazardous materials or petroleum.
(6) Evidence of financial responsibility.
(7) Evidence of workman’s compensation coverage, if applicable.
(8) Carrier certification of enrollment in the biennial inspection of terminals (BIT) program under subdivisions (e) and (h) of Section 34501.12, unless otherwise exempted.
(9) Carrier certification of enrollment in a controlled substance and alcohol use and testing (CSAT) program required under Section 34520, unless otherwise exempted.
(10) Any other information necessary to enable the department to determine whether the applicant is entitled to a permit.
(c) Notwithstanding any provision of this chapter, a motor carrier of property may continue to operate for 30 days past the expiration date of the motor carrier permit, if the motor carrier of property meets all of the following conditions:
(1) Applied to the department for a renewal of a motor carrier permit, as required by this section, before the expiration of the motor carrier permit.
(2) Holds a valid motor carrier permit for the previous year.
(3) Maintains compliance with Section 34507.5 for the 30 days past the expiration date.
(4) Not rated unsatisfactory for any of the motor carriers’ terminals inspected by the Department of the California Highway Patrol pursuant to either Section 34501.12 or Section 34520, for the 30 days past the expiration date.
(Amended by Stats. 2019, Ch. 636, Sec. 9. (AB 1810) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 2 - Motor Carrier Permits › Section 34622.

34622. This chapter does not apply to any of the following:
(a) Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees.
(b) A household mover transporting used office, store, and institution furniture and fixtures under its household mover permit pursuant to Section 19241 of the Business and Professions Code.
(Amended by Stats. 2022, Ch. 295, Sec. 26. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 2 - Motor Carrier Permits › Section 34623.1.

34623.1. The motor carrier permit of a licensee may be suspended pursuant to Section 494.5 of the Business and Professions Code if a licensee’s name is included on a certified list of tax delinquencies provided by the State Board of Equalization or the Franchise Tax Board pursuant to Section 7063 or Section 19195, respectively of the Revenue and Taxation Code.
(Added by Stats. 2011, Ch. 455, Sec. 17. (AB 1424) Effective January 1, 2012.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 2 - Motor Carrier Permits › Section 34623.5.

34623.5. Except as provided under subdivision (c) of Section 34630 and subdivision (d) of Section 34640, before a permit may be reissued after a suspension is terminated, there shall, in addition to any other fees required by this code, be paid to the department a fee of one hundred fifty dollars ($150).
(Amended by Stats. 2007, Ch. 58, Sec. 1. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 2 - Motor Carrier Permits › Section 34624.

34624. (a) The department shall establish a classification of motor carrier of property known as owner-operators.
(b) As used in this section and in Sections 1808.1 and 34501.12, an owner-operator is a person who meets all of the following requirements:
(1) Holds a class A or class B driver’s license or a class C license with a hazardous materials endorsement.
(2) Owns, leases, or otherwise operates not more than one power unit and not more than three towed vehicles.
(3) Is required to obtain a permit as a motor carrier of property by the department under this division.
(c) (1) As used in this section, “power unit” is a motor vehicle described in subdivision (a), (b), (g), (f), or (k) of Section 34500, or a motortruck of two or more axles that is more than 10,000 pounds gross vehicle weight rating, but does not include those vehicles operated by household goods carriers, as defined in Section 5109 of the Public Utilities Code or persons providing transportation of passengers. A “towed vehicle” is a nonmotorized vehicle described in subdivision (d), (e), (f), (g), or (k) of that section.
(2) As used in this section, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 11,500 pounds, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous materials for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which a hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code.
(d) The department, upon suspending or revoking the driving privilege of an owner-operator shall also suspend the owner-operator’s motor carrier permit, unless the owner-operator, within 15 days, shows good cause why the permit should not be suspended.
(e) Every motor carrier who is within the classification established by this section is responsible for notifying all other motor carriers with whom he or she is under contract when the status of the motor carrier changes so that he or she is no longer within the classification established by this section.
(f) This section shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any other purpose.
(Amended by Stats. 2002, Ch. 774, Sec. 6. Effective September 21, 2002.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 3 - Insurance › Section 34630.

34630. (a) A motor carrier permit shall not be granted to any motor carrier of property until there is filed with the department proof of financial responsibility in the form of a currently effective certificate of insurance, issued by a company licensed to write that insurance in this state or by a nonadmitted insurer subject to Section 1763 of the Insurance Code, if the policy represented by the certificate meets the minimum insurance requirements contained in Section 34631.5. The certificate of insurance or surety bond shall provide coverage with respect to the operation, maintenance, or use of any vehicle for which a permit is required, although the vehicle may not be specifically described in the policy, or a bond of surety issued by a company licensed to write surety bonds in this state, or written evidence of self-insurance by providing the self-insured number granted by the department on a form approved by the department.
(b) Proof of financial responsibility shall be continued in effect during the active life of the motor carrier permit. The certificate of insurance shall not be cancelable on less than 30 days’ written notice from the insurer to the department except in the event of cessation of operations as a permitted motor carrier of property.
(c) Whenever the department determines or is notified that the certificate of insurance or surety bond of a motor carrier of property will lapse or be terminated, the department shall suspend the carrier’s permit effective on the date of lapse or termination unless the carrier provides evidence of valid insurance coverage pursuant to subdivision (a).
(1) If the carrier’s permit is suspended, the carrier shall pay a reinstatement fee as set forth in Section 34623.5, and prior to conducting on-highway operations, present proof of financial responsibility pursuant to subdivision (a) in order to have the permit reinstated.
(2) If the evidence provided by the carrier of valid insurance coverage pursuant to subdivision (a) demonstrates that a lapse in coverage for the carrier’s operation did not occur, the reinstatement fee shall be waived.
(Amended by Stats. 2007, Ch. 58, Sec. 2. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 3 - Insurance › Section 34631.

34631. The proof of financial responsibility required under Section 34630 shall be evidenced by the deposit with the department, covering each vehicle used or to be used under the motor carrier permit applied for, of one of the following:
(a) A certificate of insurance, issued by a company licensed to write insurance in this state, or by a nonadmitted insurer subject to Section 1763 of the Insurance Code, if the policies represented by the certificate comply with Section 34630 and the rules promulgated by the department pursuant to Section 34604.
(b) A bond of a surety company licensed to write surety bonds in the state.
(c) Evidence of qualification of the carrier as a self-insurer as provided for in subdivision (a) of Section 34630. However, any certificate of self-insurance granted to a motor carrier of property shall be limited to serve as proof of financial responsibility under paragraphs (1) and (2) of subdivision (a) of Section 34631.5 minimum limits only and shall not be acceptable as proof of financial responsibility for the coverage required pursuant to paragraph (3) or (4) of subdivision (a) of Section 34631.5.
(d) Evidence on a form that indicates that coverage is provided by a charitable risk pool operating under Section 5005.1 of the Corporations Code, if the registered owner of the vehicle is a nonprofit organization that is exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the United States Internal Revenue Code. The form shall include all of the following:
(1) The name and address of the motor carrier.
(2) The name and address of the charitable risk pool providing the policy for the motor carrier.
(3) The policy number, effective date, and liability limits of the policy.
(4) A statement from the charitable risk pool that the policy meets the requirements of Section 34631.5.
(Amended by Stats. 2002, Ch. 758, Sec. 15. Effective January 1, 2003.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 3 - Insurance › Section 34632.

34632. (a) Every motor carrier of property shall furnish the department annually, as specified by the department, a list, prepared under oath, of all vehicles, described in Section 34601, used in transportation during the preceding year.
(b) If the carrier’s insurer informs the department that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the department shall, in addition to any other applicable penalty provided in this division, suspend the carrier’s permit.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 3 - Insurance › Section 34633.

34633. Every motor carrier of property with a carrier fleet of 20 or more commercial motor vehicles as defined in Section 34601 shall, under oath, file annually a report with the department indicating the number, classification, and compensation of all employees and owner-operator drivers hired or engaged during the reporting period. The department shall submit a copy of the report to the administrator of the corporation’s workers’ compensation self-insurance plan if the corporation is self-insured, or to the carrier’s workers’ compensation insurer if the carrier’s workers’ compensation protection is provided by a policy or policies of insurance.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 3 - Insurance › Section 34634.

34634. (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the department shall determine whether the motor carrier of property has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or rules or orders of the department. If, after notice and opportunity to be heard, the department determines that there has been a violation of statute, or rules or orders of the department, the department shall, in addition to any other applicable penalty provided in this division, suspend the carrier’s permit.
(b) Upon notification from the Director of Industrial Relations that a final judgment has been entered against any motor carrier of property as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the department shall, 30 days from the date the carrier is mailed the notice pursuant to subdivision (c), revoke the carrier’s permit unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States or the carrier requests a hearing pursuant to subdivision (c).
(c) Within seven days of notification from the Director of Industrial Relations that a final judgment has been entered against any motor carrier of property as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the department shall furnish to the carrier named in the final judgment written notice of the right to a hearing regarding the revocation of the permit and the procedure to follow to request a hearing. The notice shall state that the department is required to revoke the carrier’s permit pursuant to subdivision (b) after 30 days from the date the notice is mailed unless the carrier provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States and the department has been so notified seven days prior to the conclusion of the 30-day waiting period. The carrier may request a hearing within 10 days from the date the notice is sent by the department. The request for the hearing shall stay the revocation. The hearing shall be held within 30 days of the receipt of the request. If the department finds that an unsatisfied judgment exists concerning a debt arising under Section 3717 of the Labor Code, the department shall immediately revoke the carrier’s permit.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 4 - Workers Compensation › Section 34640.

34640. (a) A motor carrier permit shall not be granted to any motor carrier of property until one of the following is filed with the department:
(1) A certificate of workers’ compensation coverage for its employees issued by an admitted insurer.
(2) A certification of consent to self-insure issued by the Director of Industrial Relations, and the identity of the administrator of the carrier’s workers’ compensation self-insurance plan.
(3) A statement, under penalty of perjury, stating that, in its operations as a motor carrier of property, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state.
(b) The workers’ compensation certified under paragraph (1) of subdivision (a) shall be effective until canceled. The insurer shall provide to the motor carrier of property and to the department a notice of cancellation not less than 30 days in advance of the effective date.
(c) If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers’ compensation laws of this state, the carrier shall promptly notify the department that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
(d) Whenever the department determines or is notified that the certificate of workers’ compensation insurance or certification to self-insure a motor carrier of property will lapse or be terminated, the department shall suspend the carrier’s permit effective on the date of the lapse or termination, unless the motor carrier provides evidence of valid insurance coverage pursuant to subdivision (a).
(1) If the carrier’s permit is suspended, the carrier shall pay a reinstatement fee as set forth in Section 34671, and prior to conducting on-highway operations, present proof of valid insurance coverage pursuant to subdivision (a) in order to have the permit reinstated.
(2) If the evidence provided by the carrier of valid insurance coverage pursuant to subdivision (a) demonstrates that a lapse in coverage for the carrier’s operation did not occur, the reinstatement fee shall be waived.
(Amended by Stats. 2007, Ch. 58, Sec. 3. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 6 - Fines and Penalties › Section 34660.

34660. (a) A motor carrier of property, after its motor carrier permit has been suspended by the department, who continues to operate as a motor carrier, either independently or for another motor carrier, is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.
(b) Each violation of this section is a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance of operation as a carrier in violation of this section is a separate and distinct offense.
(c) Upon finding that a motor carrier of property is willfully violating this section after being advised that it is not operating in compliance with the laws of this state, the court may issue an injunction to stop the carrier’s continued operation.
(d) A member of the Department of the California Highway Patrol may impound a vehicle or combination of vehicles operated by a motor carrier of property, when the vehicle or combination of vehicles is found upon a highway, any public lands, or an offstreet parking facility and the motor carrier is found to be in violation of this section or of subdivision (a) of Section 34620. For purposes of this subdivision, the vehicle shall be released to the registered owner or authorized agent only after the registered owner or authorized agent furnishes the Department of the California Highway Patrol with proof of current registration, a currently valid driver’s license of the appropriate class to operate the vehicle or combination of vehicles, and proof of compliance with this division. The registered owner or authorized agent is responsible for all towing and storage charges related to the impoundment.
(Amended by Stats. 1997, Ch. 652, Sec. 22. Effective January 1, 1998.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 6 - Fines and Penalties › Section 34661.

34661. Any person or corporation who violates any provision of this division is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.
(Added by Stats. 1996, Ch. 1042, Sec. 53. Effective September 29, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 6 - Fines and Penalties › Section 34670.

34670. Any violation of Division 14.8 (commencing with Section 34500) or any violation that results in a suspension or revocation of the motor carrier permit pursuant to Section 34505.6 or 34623, or subdivision (d) of Section 34624, in addition to any other penalties, shall be sanctioned as follows:
(a) If there have been no prior sanctions imposed on the permitholder, the permit shall be suspended for 30 days.
(b) If the permit had been suspended once prior in the previous 36 months, the permit shall be suspended for 60 days.
(c) If the permit had been previously suspended two or more times in the previous 36 months, the permit shall be suspended for 90 days, and a fine of one thousand five hundred dollars ($1,500) shall be imposed.
(Amended by Stats. 1997, Ch. 652, Sec. 23. Effective January 1, 1998.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 6 - Fines and Penalties › Section 34671.

34671. Except as provided under subdivision (c) of Section 34630 and subdivision (d) of Section 34640, a motor carrier permit suspended or revoked under the provisions of this code shall not be reinstated until a fee of one hundred fifty dollars ($150) has been paid, and the motor carrier permitholder has met all requirements for the issuance of a permit.
(Amended by Stats. 2007, Ch. 58, Sec. 4. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.85 - MOTOR CARRIERS OF PROPERTY PERMIT ACT › CHAPTER 6 - Fines and Penalties › Section 34672.

34672. If a motor carrier permit is paid for by a check that is dishonored by the bank, the permit shall be canceled. The department shall notify the carrier that the check was dishonored and that the permit will be canceled 30 days from the date of notification if the applicant does not make restitution. If the applicant does not make restitution for the dishonored check, and pay the dishonored check fee within 30 days of the notice, the application for a motor carrier permit shall be canceled.
(Amended by Stats. 2001, Ch. 825, Sec. 18. Effective January 1, 2002.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.86 - Private Carriers of Passengers Registration Act › Section 34680.

34680. This division may be cited as the Private Carriers of Passengers Registration Act.
(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)
2023 California Code › Vehicle Code - VEH › DIVISION 14.86 - Private Carriers of Passengers Registration Act › Section 34681.

34681. (a) For purposes of this division, “private carrier” means a not-for-hire motor carrier, as defined in Section 408, who transports passengers and is required to obtain a carrier identification number pursuant to Section 34507.5, including an organization that provides transportation services incidental to the operation of a youth camp that is either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.
(b) For purposes of this division, “private carrier” does not include either of the following:
(1) The operator of an automobile rental business that uses vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.
(2) The operator of a hotel, motel, or other place of temporary lodging that provides transportation service in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384 of the Public Utilities Code.
(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)