California Code of Regulations › Title 13 - Motor Vehicles › Division 2 - Department of the California Highway Patrol › Chapter 6 - Hazardous Materials › Article 3 - General Hazardous Materials Regulations › Section 1160.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The meanings of
				  terms contained in this article and not defined in this article are the same as
				  those contained in 49 CFR
				  171.8.
(b) "Carrier" means any person as defined in
				  Section 1235.1, who transports hazardous
				  materials subject to this article.
(c) "Department" means Department of the
				  California Highway Patrol.
(d)
				  "Hazardous material" means a substance or material, which has been determined
				  by the Secretary of Transportation to be capable of posing an unreasonable risk
				  to health, safety, and property during transportation, and which has been so
				  designated. The term includes hazardous substances, hazardous wastes, marine
				  pollutants, and elevated temperature materials as defined in
				  49 CFR
				  171.8, materials designated as hazardous
				  under the provisions of 49
				  CFR Sections 172.101 and
				  172.102, and materials that meet
				  the defining criteria for hazard classes and divisions in 49 CFR Part
				  173.
(e) "License" as used in this
				  article means a license issued by the Department to transport hazardous
				  materials in California.
(f) "New
				  License" means any license issued to a carrier pursuant to an application and
				  required fees received more than 30 days after the date of expiration of any
				  current or previous license.
(g)
				  "Original License" means a license printed and issued by the Department, and
				  forwarded to the carrier.
(h)
				  "Private carrier" as used in this article means any carrier who transports
				  hazardous materials and is not subject to federal jurisdiction pursuant to 49
				  CFR Part 171 (i.e., transporting hazardous materials for personal use or by a
				  federal, state or local agency).
(i) "Renewal License" means a license issued
				  pursuant to an application and required fees received not more than thirty days
				  after the expiration of an existing license.
(j) "Shipper" means any person who prepares
				  or offers hazardous materials for transportation. A shipper who also transports
				  its own material is both a shipper and a carrier.
(k) "Initial License" means any new license
				  and any license issued to a carrier not previously issued a license.
(l) "Temporary License" means a probationary
				  license valid for not more than 60 days from the date of application. A
				  temporary license is immediately null and void when an applicant for a new or
				  initial license is assigned an unsatisfactory rating as the result of any
				  inspection conducted pursuant to Section
				  34501,
				  34501.12, or
				  34520 of the
				  Vehicle Code.
1. Amendment
					 filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of
					 Compliance included (Register 77, No. 52).
2. Amendment of
					 subsection (j) filed 7-8-81; effective thirtieth day thereafter (Register 81,
					 No. 28).
3. Amendment filed 6-22-83; effective thirtieth day
					 thereafter (Register 83, No. 26).
4. Amendment of subsections (f)
					 and (k) filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
5.
					 Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
6.
					 Amendment of subsection (e) and NOTE filed 10-5-99; operative 11-4-99 (Register
					 99, No. 41).
7. Repealer of subsection (d), subsection relettering
					 and new subsection (e) filed 11-8-2000; operative 12-8-2000 (Register 2000, No.
					 45).
8. Amendment of subsection (b), new subsections (e)-(g), (i)
					 and (k)-(l), subsection relettering, amendment of newly designated subsections
					 (h) and (j) and amendment of NOTE filed 3-10-2009; operative 4-9-2009 (Register
					 2009, No. 11).
9. Amendment of subsection (l) and NOTE filed
					 4-27-2010; operative 5-27-2010 (Register 2010, No. 18).
10.
					 Amendment of subsections (d) and (h) filed 6-29-2017; operative 10-1-2017
					 (Register 2017, No. 26).
Note: Authority cited: Sections
						2402.7,
						2532,
						32000.5 and
						34501,
						Vehicle Code. Reference: Sections
						32000.5 and
						34501,
						Vehicle Code.