Selected California Trucking Statutes and Regulations
§ 35551.5. Alternative method of computation; combinations of vehicles containing trailers or semitrailers
(a) The provisions of this section shall apply only to combinations of vehicles which contain a trailer or semitrailer. Each vehicle in such combination of vehicles, and every such combination of vehicles, shall comply with either Section 35551 or with subdivisions (b), (c), and (d) of this section.
(b) The gross weight imposed upon the highway by the wheels on any one axle of a vehicle shall not exceed 18,000 pounds and the gross weight upon any one wheel, or wheels, supporting one end of an axle and resting upon the roadway, shall not exceed 9,500 pounds, except that the gross weight imposed upon the highway by the wheels on any front steering axle of a motor vehicle shall not exceed 12,500 pounds. The gross weight limit provided for weight bearing upon any one wheel, or wheels, supporting one end of an axle shall not apply to vehicles the loads of which consist of livestock. The following vehicles are exempt from the front axle weight limits specified in this subdivision:
(1) Trucks transporting vehicles.
(2) Trucks transporting livestock.
(3) Dump trucks.
(4) Cranes.
(5) Buses.
(6) Transit mix concrete or cement trucks, and trucks that mix concrete or cement at, or adjacent to, a job site.
(7) Motor vehicles that are not commercial vehicles.
(8) Vehicles operated by any public utility furnishing electricity, gas, water, or telephone service.
(9) Trucks or truck tractors with a front axle at least four feet to the rear of the foremost part of the truck or truck tractor, not including the front bumper.
(10) Trucks transporting garbage, rubbish, or refuse.
(11) Trucks equipped with a fifth wheel when towing a semitrailer.
(12) Tank trucks which have a cargo capacity of at least 1,500 gallons.
(13) Trucks transporting bulk grains or bulk livestock feed.
(c) The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle in such combination of vehicles or of such combination of vehicles where the distance between the first and last axles of the two or more consecutive axles is 18 feet or less shall not exceed that given for the respective distance in the following table:
|
Distance in feet between first and last axles of group |
Allowed load in pounds on group of axles |
(d) The total gross weight with load imposed on the highway by any vehicle in such combination of vehicles or of such combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:
Distance in feet Allowed load in pounds
19 ……………………. 47,200
20 ……………………. 48,000
21 ……………………. 48,800
22 ……………………. 49,600
23 ……………………. 50,400
24 ……………………. 51,200
25 ……………………. 55,250
26 ……………………. 56,100
27 ……………………. 56,950
28 ……………………. 57,800
29 ……………………. 58,650
30 ……………………. 59,500
31 ……………………. 60,350
32 ……………………. 61,200
33 ……………………. 62,050
34 ……………………. 62,900
35 ……………………. 63,750
36 ……………………. 64,600
37 ……………………. 65,450
38 ……………………. 66,300
39 ……………………. 68,000
40 ……………………. 70,000
41 ……………………. 72,000
42 ……………………. 73,280
43 ……………………. 73,280
44 ……………………. 73,280
45 ……………………. 73,280
46 ……………………. 73,280
47 ……………………. 73,280
48 ……………………. 73,280
49 ……………………. 73,280
50 ……………………. 73,280
51 ……………………. 73,280
52 ……………………. 73,600
53 ……………………. 74,400
54 ……………………. 75,200
55 ……………………. 76,000
56 or over …………….. 76,800
(e) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used.
(f) The gross weight limits expressed by this section shall include all enforcement tolerances.
(g) Nothing in this section shall affect the right to prohibit the use of any highway or any bridge or other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of Chapter 5 of Division 15.
(h) The Legislature, in enacting this section, does not intend to increase, and this section shall not be construed to allow, statutory weights any greater than existed prior to January 1, 1976.
§ 21055. Exemption of authorized emergency vehicles
The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions:
(a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
(b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.
A siren shall not be sounded by an authorized emergency vehicle except when required under this section.
West’s Ann.Cal.Vehicle Code § 21055
§ 21056. Effect of exemption
Section 21055 does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section.
West’s Ann.Cal.Vehicle Code § 21056
§ 21059. Rubbish and garbage vehicles
Sections 21211, 21650, 21660, 22502, 22504, and subdivision (h) of Section 22500 do not apply to the operation of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district, if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.
This provision does not apply when the vehicle is being driven to and from work, and it does not relieve the driver of the vehicle from the duty to drive with due regard for the safety of all persons using the highway or protect him or her from the consequences of an arbitrary exercise of the privilege granted.
West’s Ann.Cal.Vehicle Code § 21059
§ 27465. Tread depth of pneumatic tires
(a) No dealer or person holding a retail seller’s permit shall sell, offer for sale, expose for sale, or install on a vehicle axle for use on a highway, a pneumatic tire when the tire has less than the tread depth specified in subdivision (b). This subdivision does not apply to any person who installs on a vehicle, as part of an emergency service rendered to a disabled vehicle upon a highway, a spare tire with which the disabled vehicle was equipped.
(b) No person shall use on a highway a pneumatic tire on a vehicle axle when the tire has less than the following tread depth, except when temporarily installed on a disabled vehicle as specified in subdivision (a):
(1) One thirty-second ( 1/32 ) of an inch tread depth in any two adjacent grooves at any location of the tire, except as provided in paragraphs (2) and (3).
(2) Four thirty-second ( 4/32 ) of an inch tread depth at all points in all major grooves on a tire on the steering axle of any motor vehicle specified in Section 34500, and two thirty-second ( 2/32 ) of an inch tread depth at all points in all major grooves on all other tires on the axles of these vehicles.
(3) Six thirty-second ( 6/32 ) of an inch tread depth at all points in all major grooves on snow tires used in lieu of tire traction devices in posted tire traction device control areas.
(c) The measurement of tread depth shall not be made where tie bars, humps, or fillets are located.
(d) The requirements of this section shall not apply to implements of husbandry.
(e) The department, if it determines that such action is appropriate and in keeping with reasonable safety requirements, may adopt regulations establishing more stringent tread depth requirements than those specified in this section for those vehicles defined in Sections 322 and 545, and may adopt regulations establishing tread depth requirements different from those specified in this section for those vehicles listed in Section 34500.
West’s Ann.Cal.Vehicle Code § 27465
§ 35111. Loads on passenger vehicles
No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on its left side or more than six inches beyond the line of the fenders on its right side.
West’s Ann.Cal.Vehicle Code § 35111
§ 35250. Maximum vehicle or load height; exceptions
No vehicle or load shall exceed a height of 14 feet measured from the surface upon which the vehicle stands, except that a double-deck bus may not exceed a height of 14 feet, 3 inches. Any vehicle or load which exceeds a height of 13 feet, 6 inches, shall only be operated on those highways where deemed to be safe by the owner of the vehicle or the entity operating the bus.
West’s Ann.Cal.Vehicle Code § 35111
§ 23114. Spilling loads on highway; cargo area; equipment; covering of transported material
(a) A vehicle may not be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.
(b)(1) Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2).
(2) Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following:
(A) Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom dump release gates and tailgates.
(B) Splash flaps behind every tire, or set of tires, regardless of position on the truck, truck tractor, or trailer.
(C) Center flaps at a location to the rear of each bottom dump release gate as to trucks or trailers equipped with bottom dump release gates. The center flap may be positioned directly behind the bottom dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap may extend not more than one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and may be not less than 24 inches from the bottom edge to the top edge of that center flap.
(D) Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle which cover the tops of tires not already covered by the truck, truck tractor, or trailer body.
(E) Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates.
(F) Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading.
(c) Vehicles comprised of full rigid enclosures are exempt only from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).
(d) For purposes of this section, “aggregate material” means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials.
(e)(1) In addition to subdivisions (a) and (b), a vehicle may not transport any aggregate material upon a highway unless the material is covered.
(2) Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered.
(3) Vehicles transporting loads composed entirely of petroleum coke material are not required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle.
(4) Vehicles transporting loads of aggregate materials are not required to cover their loads if the load, where it contacts the sides, front, and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area.
(f) Any person who provides a location for vehicles to be loaded with any aggregate material or any other material shall provide a location for vehicle operators to comply with this section before entering a highway.
(1) A person is exempt from the requirements of this subdivision if the location that he or she provides for vehicles to be loaded with the materials described in this subdivision has 100 yards or less between the scale houses where the trucks carrying aggregate material are weighed and the point of egress to a public road.
(2) A driver of a vehicle loaded with aggregate material leaving locations exempted from the requirements of this subdivision is authorized to operate on public roads only until that driver is able to safely cover the load at a site near the location’s point of egress to the public road. Except as provided under paragraph (4) of subdivision (e), an uncovered vehicle described in this paragraph may not operate more than 200 yards from the point of egress to the public road.
West’s Ann.Cal.Vehicle Code § 23114
§ 12804.9. Examination and driving test
1. <Text of section operative September 20, 2005.>
(a)(1) The examination shall include all of the following:
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) The examination for a class A or class B driver’s license under subdivision (b) shall also include a report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this subdivision, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States of America. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the Federal Highway Administration. The report shall be on a form approved by the department, the Federal Highway Administration, or the Federal Aviation Administration. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Highway Administration.
(3) Any physical defect of the applicant, that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, any applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:
(1) Class A includes the following:
(A) A combination of vehicles, if any vehicle being towed has a gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) A single vehicle with a gross vehicle weight rating of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F)(i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.
(iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) A motorized scooter.
(I) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
(5) Class M2. A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406. Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department, the Federal Highway Administration, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle, is within the licensee’s immediate possession, and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.
(g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
(i) A person under the age of 21 years may not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with class C licenses but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
(k) A class M license issued between January 1, 1989, and December 31, 1992, shall permit the holder to operate any motorcycle, motor-driven cycle, or motorized bicycle until the expiration of the license.
(l) This section shall become operative on September 20, 2005.
West’s Ann.Cal.Vehicle Code § 12804.9
REGULATIONS ON MANUFACTURED HOME MOVEMENT
§ 35790.1. Additional conditions and specifications
In addition to the requirements and conditions contained in Section 35790 and notwithstanding any other provision of law, all of the following conditions and specifications shall be complied with to move any manufactured home, as defined in Section 18007 of the Health and Safety Code, that is in excess of 14 feet in total width, but not exceeding 16 feet in total width, exclusive of lights and devices provided for in Sections 35109 and 35110, upon any highway under the jurisdiction of the entity granting the permit:
(a) For the purposes of width requirements under this code, the overall width of manufactured housing specified in this section shall be the overall width, including roof overhang, eaves, window shades, porch roofs, or any other part of the manufactured house that cannot be removed for the purposes of transporting upon any highway.
(b) Unless otherwise exempted under this code, all combinations of motor vehicles and manufactured housing shall be equipped with service brakes on all wheels. Service brakes required under this subdivision shall be adequate, supplemental to the brakes on the towing vehicle, to enable the combination of vehicles to comply with the stopping distance requirements of Section 26454.
(c) In addition to the requirements contained in Section 26304, the breakaway brake device on any manufactured housing unit equipped with electric brakes shall be powered by a wet cell rechargeable battery that is of the same voltage rating as the brakes and has sufficient charge to hold the brakes applied for not less than 15 minutes.
(d) Notwithstanding any other provision of this code, the weight imposed upon any tire, wheel, axle, drawbar, hitch, or other suspension component on a manufactured housing unit shall not exceed the manufacturer’s maximum weight rating for the item or component.
(e) In addition to the requirements in subdivision (d), the maximum allowable weight upon one manufactured housing unit axle shall not exceed 6,000 pounds, and the maximum allowable weight upon one manufactured housing unit wheel shall not exceed 3,000 pounds.
(f) Manufactured housing unit tires shall be free from defects, have at least 2/32 of an inch tread depth, as determined by tire tread wear indicators, and shall comply with specifications and requirements contained in Section 3280.904(b)(8) of Title 24 of the Code of Federal Regulations.
(g) Manufactured housing unit manufacturers shall provide transporters with a certification of compliance document, certifying the manufactured housing unit complies with the specifications and requirements contained in subdivisions (d), (e), and (f). Each certification of compliance document shall identify, by serial or identification number, the specific manufactured housing unit being transported and shall be signed by a representative of the manufacturer. Each transporter of manufactured housing units shall have in his or her immediate possession a copy of the certification of compliance document and shall make the document available upon request by any member of the Department of the California Highway Patrol, any authorized employee of the Department of Transportation, or any regularly employed and salaried municipal police officer or deputy sheriff.
(h) Manufactured housing unit dealers shall provide transporters with a certification of compliance document, specifying that all modifications, equipment additions, or loading changes by the dealer have not exceeded the gross vehicle weight rating of the manufactured housing unit or the axle and wheel requirements contained in subdivisions (d), (e), and (f). Each certification of compliance document shall identify, by serial or identification number, the specific manufactured housing unit being transported and shall be signed by a representative of the dealer. Each transporter of manufactured housing units shall have in his or her immediate possession a copy of the certification of compliance document and shall make the document available upon request by any member of the Department of the California Highway Patrol, any authorized employee of the Department of Transportation, any regularly employed and salaried municipal police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed under Section 830.6 of the Penal Code.
(i) Transporters of manufactured housing units shall not transport any additional load in, or upon, the manufactured housing unit that has not been certified by the manufactured housing unit’s manufacturer or dealer.
(j) Every hitch, coupling device, drawbar, or other connections between the towing unit and the towed manufactured housing unit shall be securely attached and shall comply with Subpart J of Part 3280 of Title 24 of the Code of Federal Regulations.
(k) Manufactured housing units shall be equipped with an identification plate, specifying the manufacturer’s name, the manufactured housing unit’s serial number, the gross vehicle weight rating of the manufactured housing unit, and the gross weight of the cargo that may be transported in or upon the manufactured housing unit without exceeding the gross vehicle weight rating. The identification plate shall be permanently attached to the manufactured housing unit and shall be positioned adjacent to, and meet the same specifications and requirements applicable to, the certification label required by Subpart A of Part 3280 of Title 24 of the Code of Federal Regulations.
(l) Manufactured housing units shall be subject to all lighting requirements contained in Sections 24603, 24607, 24608, and 24951. When transported during darkness, manufactured housing units shall additionally be subject to Sections 24600 and 25100.
(m) Manufactured housing units shall have all open sides covered by plywood, hard board, or other rigid material, or by other suitable plastics or flexible material. Plastic or flexible side coverings shall not billow or flap in excess of six inches in any one place. Units that are opened on both sides may be transported empty with no side coverings.
(n) Transporters of manufactured housing units shall make available all permits, licenses, certificates, forms, and any other relative document required for the transportation of manufactured housing upon request by any member of the Department of the California Highway Patrol, any authorized employee of the Department of Transportation, any regularly employed and salaried municipal police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed under Section 830.6 of the Penal Code.
(o) The Department of Transportation, in cooperation with the Department of the California Highway Patrol, or the local authority, shall require pilot car or special escort services for the movement of any manufactured housing unit pursuant to this section, and may establish additional reasonable permit regulations, including special routing requirements, as necessary in the interest of public safety and consistent with this section.
(p) The Department of Transportation shall not issue a permit to move a manufactured home that is in excess of 14 feet in total width unless that department determines that all of the conditions and specifications set forth in this section have been met.
West’s Ann.Cal.Vehicle Code § 35783
1.
§ 35780. Permits for variances; processes for application and issuance
(a) The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may, at their discretion upon application and if good cause appears, issue a special permit authorizing the applicant:
(1) To operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in this code.
(2) To use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting upon the roadway but by means of a flexible band or chain.
(3) Under emergency conditions, to operate or move a type of vehicle otherwise prohibited hereunder, upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.
(4) To operate or move a vehicle or combination of vehicles transporting loads composed of logs only for the purpose of crossing a highway from one private property to another without complying with any or all of the equipment requirements of Division 12 (commencing with Section 24000) and Division 13 (commencing with Section 29000). These crossings shall be as near to a right angle to the roadway as is practical and shall not include any travel parallel to the roadway. The Department of Transportation shall determine standards and conditions upon which permits shall be issued and any permit not in compliance with those standards and conditions shall be invalid, except that a permit may contain more restrictive conditions if the issuing authority deems it appropriate.
(b) Under conditions prescribed by the Department of Transportation or the local authority, the Department of Transportation or local authority may accept applications made by, and issue permits directly to, an applicant or permit service by any of the following processes:
(1) In writing.
(2) By an authorized facsimile process.
(3) Through an authorized computer and modem connection.
West’s Ann.Cal.Vehicle Code § 35780
2.
§ 35783. Possession of permit
Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection of any peace officer, traffic officer, authorized agent of the Department of Transportation, or any other officer or employee charged with the care or protection of such highways.
West’s Ann.Cal.Vehicle Code § 35783
1.
§ 35784. Violation of permit
(a) Except as provided in subdivision (b), it is unlawful for any person to violate any of the terms or conditions of any special permit.
(b) In an incorporated city where compliance with the route described in a special permit would result in a violation of local traffic regulations, the permittee may detour from the prescribed route to avoid violating the local traffic regulations if the permittee returns as soon as possible to the prescribed route. A detour under this subdivision shall be made only on nonresidential streets.
(c) If a violation under subdivision (a) consists of an extralegal load not being on the route described in the special permit, and the violation is directly caused by the action of an employee under the supervision of, or by the action of any independent contractor working for, a permittee subject to this section, the employee or independent contractor causing the violation is guilty of a misdemeanor. This subdivision applies only if the employee or independent contractor has been provided written direction on the route to travel and has not been directed to take a different route by a peace officer.
(d) The guilt of an employee or independent contractor under subdivision (c) shall not extend to the permittee employing that person unless the permittee is separately responsible for an action causing the violation.
(e) A violation of equipment requirements contained in Division 12 (commencing with Section 24000), by any person operating a pilot car shall not be considered a violation of any terms or conditions of a special permit under subdivision (a).
(f) (1) Any person convicted of a violation of the terms and conditions of a special permit shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding six months, or by both that fine and imprisonment.
(2) In addition, if the violation involves weight in excess of that authorized by the permit, an additional fine shall be levied as specified in Section 42030 on the amount of weight in excess of the amount authorized by the permit.
West’s Ann.Cal.Vehicle Code § 35783
1.
§ 35789.5. Legislative findings and declaration; movement of manufactured homes
(a) The Legislature finds and declares all of the following:
(1) Current restrictions on the movement on the highways of manufactured homes in excess of 14 feet in width has caused the closure of some manufactured housing manufacturing facilities, that have, in turn, relocated to other states in order to compete with interstate commerce.
(2) Those restrictions on the movement of manufactured homes could cause the closure of at least three more manufacturing facilities within the next 12 months, thereby laying off some 500 employees, while at the same time those manufacturing facilities relocate to other states.
(3) The Department of Transportation has a policy allowing permitted loads in excess of 14 feet in width for the general trucking industry and the boating industry.
(4) The Legislature supports allowing the movement on the highways of manufactured homes in excess of 14 feet in width, with appropriate safeguards, because this policy will result in both of the following:
(A) Enable the manufactured housing industry to produce homes for export to other states, thereby keeping jobs within the state and benefiting the state’s economy.
(B) Permit the building of manufactured homes with eaves, which provide structural and aesthetic benefits to the homes.
(b) The Legislature further finds and declares that allowing the movement on the highways of manufactured homes that are 16 feet in width, with appropriate safeguards, will benefit the state’s economy and will allow production of more affordable and aesthetic manufactured homes.
West’s Ann.Cal.Vehicle Code § 35783
1.
§ 35109. Projecting lights, mirrors or devices
Lights, mirrors, or devices which are required to be mounted upon a vehicle under this code may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle.
West’s Ann.Cal.Vehicle Code § 35109
1.
§ 35790.5. Vehicles carrying units of manufactured home; exemption from length limitations
(a) A permit issued pursuant to Section 35790 may authorize an exemption from length limitations otherwise applicable to vehicles and combinations of vehicles for the transportation of more than one unit of a manufactured home if all of the following conditions are met:
(1) The units are parts of a manufactured home that, when completed, connect two or more modular units.
(2) The units are mounted or loaded on a single vehicle or chassis in a manner so that their narrowest dimension represents the loaded width on the highway.
(3) The units are loaded in tandem only with respect to length, and the dimension from the front of the forward unit to the rear of the last unit does not exceed the length of vehicles in combination that would otherwise be permitted under this section.
(b) Applications for permits issued pursuant to this section shall specifically describe the manufactured home units to be moved and shall include a written statement of good cause satisfying the requirements of this section.
(c) Permits, other than annual permits, issued pursuant to this section shall describe the particular highways over which the permit is valid and shall be subject to all of the conditions of this article and any additional conditions imposed by the public agency issuing the permit.
West’s Ann.Cal.Vehicle Code § 35783
1.
35790.6. Manufactured homes exceeding height specifications; permits authorizing exemption
A permit issued pursuant to Section 35780 or 35790 may authorize an exemption from the height limitations in Section 35250 for manufactured homes, including manufactured homes with a height in excess of 15 feet, measured from the surface upon which the vehicle stands, if the proposed route can accommodate the vehicle.
West’s Ann.Cal.Vehicle Code § 35783
1.
§ 27904.5. Pilot cars; “oversize” signs
Subject to Section 35783.5, a pilot car shall display neat, clean, and legible signs containing the word “OVERSIZE.” The words “OVERSIZE LOAD,” “WIDE LOAD,” or “LONG LOAD” may be substituted as applicable. The sign shall be a minimum of 48 inches above the ground and shall be legible at 45 degrees from either side when read from the front or rear. The sign shall have a bright yellow background with a minimum projected area of 440 square inches. The lettering shall be black with a 1-inch minimum brush stroke width and a 6-inch minimum letter height.
West’s Ann.Cal.Vehicle Code § 27904.5
1.
27904. Pilot cars; signs showing owner or operator
There shall be displayed in a conspicuous place on both the right and left sides of a pilot car a sign showing the name of the company which owns or operates the pilot car. The name shall contrast with the background and shall be of a size, shape, and color as to be readily legible during daylight hours from a distance of 50 feet. Additional markings which do not interfere with the legibility of the name may also be displayed.
s 6333. Motor Trucks.
(a) Each truck shall be equipped with a fire extinguisher of no less than 10 B:C rating. The fire extinguisher shall be full and in operating condition, mounted securely and readily available. Carbon tetrachloride extinguishers are prohibited.
(b) Every truck shall be equipped with a heater, defroster and windshield wipers.
(c) All trucks and trailers shall be equipped with brakes that will safely hold the maximum load on the maximum grade. These brakes shall be kept in good condition.
(d) Brakes on truck-trailer combinations shall be designed so that in the event of trailer brake failure, the truck brakes remain operable.
(e) Logging trucks hauling loads in mountainous areas shall be equipped with water storage tanks that provide water for the trailer brakes, unless the truck is equipped with a counter-torque device.
(f) Trucks and trailers with air brakes shall be equipped with air connection devices designed to protect hose couplers from damage and dirt while disconnected.
(g) Hose lines and couplings shall be replaced or repaired immediately when found defective. New parts shall be of equal or better quality than replaced parts.
(h) Sufficient slack in the hose line shall be replaced to prevent uncoupling when reach is extended. Suitable hangers shall be installed to hold the hose and to provide easy travel along the reach.
(i) Tires worn to the breaker strip, regrooved tires that are not designed for regrooving, and tires that are section-repaired, shall not be used on the front wheels of trucks or truck-tractors. Retreaded tires shall not be used on the front wheels of trucks or truck-tractors, unless the name of the tire manufacturer and the tire serial number are legible and markings that identify the retreader are burned, branded, or molded on the tire sidewall.
(j) Cab doors shall open easily from inside or outside.
(k) When an employee is required to stand on the cab top to direct loading or unloading operations, a safe, nonslip platform shall be installed on the cab top. The platform shall extend 4 inches from the sides, front, and back. A safe means of access shall be provided.
( l) The space between the truck frame members and the first cross member behind the cab shall be floored over with substantial decking.
(m) Lighting systems shall be maintained in good operating condition if trucks are used after dark, in fog, or inclement weather.
(n) A substantial bulkhead shall be installed at the rear of the cab.
s 3325. Tire Inflation.
(a) Tire inflation shall be accomplished by means of a clip-on chuck with a minimum 24-inch length hose to an in-line foot or hand valve and gauge. A clip-on chuck and an in-line regulator (factory preset at 40 psi maximum for passenger car tires) or a restraining device may be used as an equivalent.
(b) Tire inflation control valves shall automatically shut off the air flow when the valve is released by the operator or be of the preset regulator type.
(c) Specific employee instruction shall be provided which will ensure the employee makes the correct tire to rim size match prior to inflating the tire.
(d) Tires shall not be inflated to more than the inflation pressure recommended by the manufacturer.
(e) Unless otherwise recommended by the manufacturer, tires shall not be inflated beyond a maximum of 40 psi to seat the beads. During inflation, tire beads shall be inspected for proper seating at intervals not to exceed 20 psi. Tires not properly seated at 40 psi, or at the maximum psi recommended by the manufacturer, shall be completely deflated before making the adjustment of the tire, rim or wheel components. Except as permitted in Section 3326, tires shall be in a restraint device when seating the beads.
Exceptions: (1) Automatic tire inflation machines that inflate the tire in a pressurized chamber through the bead seat annulus. (2) Where passenger car or truck tires are serviced at the same facility, an adjustable in-line regulator is allowed as long as the regulator pressure is properly set in each case.
1270.5. Conspicuity Systems.
(a) Applicability. Except as provided in subsection (b), the following vehicles shall be equipped and maintained with the conspicuity system specified in Federal Motor Vehicle Safety Standard 108 (49 CFR 571.108) applicable on the date of manufacture of the vehicle:
(1) All trailers and semitrailers having an overall width of 80 inches or more and a gross vehicle weight rating of more than 10,000 pounds, and manufactured on or after December 1, 1993.
(2) All truck tractors manufactured on or after July 1, 1997
(b) Exception. Trailer coaches and camp trailers designed exclusively for living or office use are excluded from the requirements of subsection (a).
(c) Definition of Conspicuity System. A conspicuity system shall consist of either retro-reflective sheeting or reflex reflectors, or a combination of retro-reflective sheeting and reflex reflectors as specified in Federal Motor Vehicle Safety Standard 108.
(d) Optional Installation of Conspicuity Systems. Any trailer, semitrailer, or motor truck having an overall width of 80 inches or more, and any truck tractor may be equipped with the above identified conspicuity system even though not required by this section.
s 1087. Tire Condition and Use.
(a) Defects. Tires shall not be used with boot or blowout patches or with any of the following defects:
(1) Unrepaired fabric breaks
(2) Exposed or damaged cord
(3) Bumps, bulges, or knots due to internal separation or damage
(4) Cuts that measure more than 1 in. (25 mm) and expose body cord
(5) Cracks in valve stem rubber
(b) Regrooved Tires. Regrooved tires shall not be used on school buses or any vehicle other than a commercial vehicle. Such tires used on commercial vehicles shall be of a type manufactured and designed for regrooving. Regrooved tires, regardless of size, shall not be used on the front wheels of buses, and regrooved tires which have a load carrying capacity equal to or greater than that of 8.25-20 8 ply-rating tires shall not be used on the front wheels of any other motor vehicle listed in Vehicle Code Section 34500.
(c) Recapped Tires. Tires recapped or retreaded for highway use shall have a tread pattern that complies with Section 27465 of the Vehicle Code and with this section. Recapped or retreaded tires shall not be used on front wheels of a bus or farm labor vehicle. Such tires shall not be used on the front wheels of truck tractors or motor trucks listed in Vehicle Code Section 34500 unless the tires are in compliance with the following requirements:
(1) Tires shall have been retreaded or recapped not more than 2 times and shall contain no casing repair other than that required by a nail puncture.
(2) Tires shall conform to either the labeling and other requirements of the 1972 CRSC Retreading Specifications and Standards or to the Industry Standards For Tire Retreading & Repairing revised September 1, 1995. Tires retreaded on or after November 1, 1997, shall conform to the Industry Standards For Tire Retreading & Repairing revised September 1, 1995.
(3) A new-tire manufacturer who is assigned an identification number by the U.S. Department of Transportation (DOT) may certify adherence to standards equal to or better than CRSC standards (only until November 1, 1997), or the Industry Standards For Retreading & Repairing revised September 1, 1995 for retreaded tires produced in his/her company-owned and -operated retreading facilities. Such certification shall comply with marking or labeling requirements of CRSC (only until November 1, 1997), or the Industry Standards For Tire Retreading & Repairing revised September 1, 1995, except that the certification mark branded into the tire may be of original design. A certification mark of original design shall show the name or trademark and assigned DOT registration number of the manufacturer and designate which of his/her retreading facilities produced the tire.
(4) Successive Retreads. When a retreaded tire bearing the markings specified in preceding subsections is retreaded a second time, the prescribed label shall be cancelled by a diagonal line or other distinctive mark through the label.
(d) Tires on Dual Wheels. The outside diameters of tires used on dual wheels shall be so matched that on a level roadway each tire will contact the surface at all times.
s 1214. Driver Fatigue.
No driver shall operate a motor vehicle, and a motor carrier shall not require or permit a driver to operate a motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle. However, in a case of grave emergency where the hazard to occupants of the motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the motor vehicle to the nearest place at which that hazard is removed.
s 1215. Vehicle Condition.
(a) General. It shall be unlawful for the driver to drive a vehicle that is not in safe operating condition or is not equipped as required by all provisions of law and this chapter.
(b) Daily Inspection. Pursuant to Sections 1202.1 and 1202.2, all drivers shall perform vehicle inspections and submit written reports in accordance with the requirements of Title 49, Code of Federal Regulations, Sections 396.11 and 396.13, as follows:
(1) Before driving a motor vehicle, the driver shall:
(A) Inspect each vehicle daily to ascertain that it is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order;
(B) Review the last vehicle inspection report;
(C) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification pursuant to subsection (f) that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination.
(2) Subsections (B) and (C) do not apply to school bus drivers or publicly owned and operated transit system drivers.
(c) Daily Report. Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated. School bus drivers’ reports shall cover at least the items listed in subdivision (d), and all other drivers’ reports shall cover at least the following parts and accessories:
(1) Service brakes including trailer brake connections
(2) Parking (hand) brake
(3) Steering mechanism
(4) Lighting devices and reflectors
(5) Tires
(6) Horn
(7) Windshield wipers
(8) Rear vision mirrors
(9) Coupling devices
(10) Wheels and rims
(11) Emergency equipment
(d) School bus drivers. For school bus drivers, the inspection shall include, but is not limited to:
(1) All gauges, indicators, and warning devices
(2) Horns
(3) Driver’s seat and seat belts
(4) All doors, door emergency releases, and windows
(5) All seats, handrails, and modesty panels
(6) Interior and exterior lighting systems
(7) All heating, cooling, and ventilating systems
(8) All glass and mirrors, including adjustment of mirrors
(9) Windshield wipers and washers
(10) All required emergency equipment
(11) All tires, wheels, and lug nuts
(12) Brake system
(A) Air compressor governor cut in and cut out pressures
(B) Static pressure for air loss
(C) Applied brake pressure loss
(D) Low air pressure warning devices
(E) Emergency stopping systems (draining reservoirs in dual air systems is not required)
(F) Parking brake
(G) Antiskid device (if equipped)
(H) Vacuum gauge, ensuring it reads not less than 15 inches
(I) Low vacuum warning devices
(J) Brake pedal for brake adjustment
(e) Report Content. The report shall identify the motor vehicle and all towed vehicles and list any defect or deficiency discovered by or reported to the driver which would affect safety of operation of the motor vehicle or combination or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report(s) shall so indicate. In all instances, the driver shall sign the vehicle inspection report. On two-driver operations, only one driver needs to sign the report, provided both drivers agree as to the defects or deficiencies. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated.
(f) Corrective Action. Prior to operating a motor vehicle, motor carriers or their authorized agent(s) shall effect repair of any item listed on the motor vehicle inspection report(s) that would be likely to affect the safety of operation of the motor vehicle or any towed vehicles.
(1) Motor carriers or their authorized agents shall certify on the report(s) which lists any defects or deficiencies, that the defects or deficiencies have been corrected or that correction is unnecessary before the vehicle is again dispatched.
(2) Subsection (1) does not apply to school bus or publicly owned and operated transit system motor carriers.
(g) Repairs. Unless the driver of a school bus or SPAB is the mechanic charged with the care and maintenance of the bus, the driver shall not make any repairs of the bus or its equipment except necessary emergency repairs on the road.
(h) Exception. Subsection (c) shall not apply to a motor carrier operating only one motor vehicle, provided the motor vehicle is a motor truck or truck tractor, and the motor carrier is the owner and sole driver of the motor vehicle. A motor carrier, otherwise excepted from the reporting requirement by this subdivision, who tows trailer(s) not owned by or leased to that motor carrier, shall submit documented daily report(s) for the trailers as required by subsection (b). Such reports shall be submitted to the person(s) from whom the trailers were obtained.
(i) Private motor carriers of passengers. The exemption provided to private motor carriers of passengers in 49 CFR Section 396.11(d), shall not apply to intrastate private motor carriers of passengers operating any bus, as defined in Vehicle Code Section 233.
s 1081. Definitions.
(a) “CRSC” is the California Retreading Standards Committee.
(b) “FMVSS” is a Federal Motor Vehicle Safety Standard. These standards are located in Title 49, Code of Federal Regulations, Part 571. (e.g., FMVSS No. 109 is in Section 571.109, and FMVSS No. 119 is in Section 571.119.)
(c) “Groove” is the space between adjacent tread ribs, lugs, or other tread configurations that are separated by at least 5/64 inch (2 mm).
(d) “Major groove” is any tread circumferential depression or circumferential series of depressions that has tread wear indicators or had the greatest equal depth when the tire was new.
(e) “Multipurpose passenger vehicle” is a motor vehicle designed for carrying not more than 10 persons, including the driver, and constructed either on a truck chassis or with special features for occasional off-highway operation.
(f) “Passenger car” is a motor vehicle designed for carrying not more than 10 persons, including the driver. The term excludes multipurpose passenger vehicles and all house cars, motor trucks, truck tractors, motorcycles, and motor-driven cycles, as defined in the Vehicle Code.
(g) “Regroovable tire” is a tire manufactured with sufficient material for renewal of the original tread pattern or generation of a new tread pattern without exposing the cord.
(h) “Regrooved tire” is a tire on which the tread or retread pattern has been renewed or a new tread has been produced by cutting new grooves.
(i) “Tread pattern” is the nonskid design on the tread of the tire.
(j) “Tread wear indicator” is the raised section in a groove that enables a person inspecting a tire to determine visually whether the tire has worn to a tread depth of 2/32 inch (1.6 mm), except 1/32 inch (0.8 mm) in the case of motorcycle tires.
1212. Drivers’ Hours of Service.
(a) General. The rules in this section and Sections 1212.5 and 1213 apply to all motor carriers and drivers, except as provided in paragraphs (b) through ( l ) of this section.
(b) Adverse driving conditions.
(1) A driver who encounters adverse driving conditions, as defined in Section 1201, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by Section 1212.5 may drive and be permitted or required to drive for not more than 2 additional hours in order to complete that run or to reach a place offering safety for vehicle occupants and security for the vehicle and its cargo. However, that driver may not drive or be permitted to drive:
(A) Interstate drivers: for more than 12 hours in the aggregate following eight consecutive hours off duty; or
(B) Intrastate drivers: for more than 14 hours in the aggregate following eight consecutive hours off duty; or
(C) After he/she has been on duty 15 hours following eight consecutive hours off duty.
(2) Emergency conditions. In the event of a traffic accident, medical emergency, or disaster, a driver may complete his/her run without being in violation of the provisions of these regulations, if such run reasonably could have been completed absent the emergency.
(3) Relief Point. Bus drivers (other than school bus and school pupil activity bus drivers) in urban and suburban service may exceed their regulated hours in order to reach a regularly scheduled relief point, providing the additional time does not exceed one hour.
(c) Driver-salesperson. The provisions of Section 1212.5(b) shall not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of seven consecutive days.
(d) Oilfield operations. (1) In the instance of drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of eight consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.
(2) In the case of specially trained drivers of motor vehicles which are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site; provided, that all such time shall be fully and accurately accounted for in records to be maintained by the motor carrier. Such records shall be made available upon request of any authorized employee of the department.
(e) 100 air-mile radius driver. A driver is exempt from the requirements of Section 1213 if:
(1) The driver operates within a 100 air-mile radius of the normal work reporting location;
(2) The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
(3) The driver of a school bus, school pupil activity bus, youth bus, or farm labor vehicle returns to the work reporting location and is released from work within 16 consecutive hours;
(4) At least eight consecutive hours off duty separate each 12 hours on duty;
(5) The interstate driver does not exceed ten hours maximum driving time following eight consecutive hours off duty; and
(6) The motor carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing:
(A) The time the driver reports for duty each day;
(B) The total number of hours the driver is on duty each day;
(C) The time the driver is released from duty each day; and
(D) The total time for the preceding seven days in accordance with Section 1213(k)(2) for drivers used for the first time or intermittently.
(7) The permanent record produced by a time-recording device such as a “tachograph” (Figure 1) may be used as a driver’s record for any tour of duty for an intrastate driver that does not exceed 15 consecutive hours or the 100 air-mile radius, provided the intrastate bus driver does not exceed ten hours and the intrastate truck driver does not exceed 12 hours maximum driving time following eight consecutive hours off duty, and the driver enters:
(A) The time the driver reports for duty each day;
(B) The previous day’s time of going off duty; and
(C) The data required by Section 1213(e).
(f) Retail store deliveries. The provisions of Section 1212.5(a) and (b) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when driving solely within a 100 air-mile radius of the driver’s work-reporting location, during the period from December 10 to December 25, both inclusive, of each year.
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE
ANALYSIS OF CHART
——————————————————————————-
Distance Time PLACE REMARKS
——————————————————————————-
0 10:00 A.M. Springfield Inserted chart
0 10:10 Springfield Left via Route U. S. 54
12.7 10:35 Highway Stopped to inspect load (4 minutes)
27.5 11:02 Highway Delayed 8 minutes by highway
construction
33.0 11:22 RailroadCrossi- Safety Stop
ng
45.5 11:35 Clinton 5 minute stop to make pick-up
72.7 12:15 P.M. Bloomington Reduced speed in city
73.0 12:20 Bloomington Made delivery and had lunch
73.0 12:45 Bloomington Left via Route U. S. 150
91.7 1:20 Highway Blocked by train (2 minutes)
108.5 1:42 Morton Made delivery (10 minutes)
121.0 2:15 Pekin Slowed by traffic
163.2 3:20 Highway Stopped 3 minutes for tire check
186 4:00 Springfield Arrived home and removed chart
——————————————————————————-
Figure 1. Tachograph Chart and Analysis
(g) Sleeper berths. (1) Drivers using sleeper berth equipment constructed and equipped in compliance with Section 1265 or who are off duty at a natural gas or oil well location, may accumulate the required eight consecutive hours off duty, as required by Section 1212.5, resting in a sleeper berth in two separate periods totaling eight hours, neither period to be less than two hours, or resting while off duty in other sleeping accommodations at a natural gas or oil well location.
(2) When two sleeper berth periods are used to accumulate the required eight consecutive hours off duty as permitted in this section, all driving time accumulated between the first and second sleeper berth periods shall be subtracted from the ten or 12 hours, as applicable, of driving time that the driver may drive in the new tour of duty that commences following the second sleeper berth period, and all on-duty and driving time between the first and second sleeper berth periods shall count toward the new 15-hour on-duty limit.
(h) Travel time. When a driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time shall be counted as on-duty time unless the driver is afforded at least eight consecutive hours off duty when arriving at destination, in which case he/she shall be considered off duty for the entire period.
(i) Utility service vehicles. An intrastate driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district, as defined in Section 20200 of the Water Code:
(1) May be permitted or required to drive more than the number of hours specified in Section 1212.5 while operating a public utility or public water district vehicle during the emergency restoration of service and related operations.
(2) Upon termination of the emergency and release of a driver from duty, the total on-duty hours accumulated by the driver during the most recent eight consecutive days shall be considered reset to zero upon the driver’s completion of an off-duty period of 24 or more consecutive hours.
(j) Fire fighters. For drivers of vehicles owned and operated by any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code:
(1) Section 1212.5 does not apply while involved in emergency and related operations.
(2) Upon termination of the emergency and release of a driver from duty, the total on-duty hours accumulated by the driver during the most recent eight consecutive days shall be considered reset to zero upon the driver’s completion of an off-duty period of 24 or more consecutive hours.
(k) Farm products. (1) A driver when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in Section 1212.5(b)(2) shall maintain a driver’s record of duty status, and shall keep a duplicate copy in his or her possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by an authorized employee of the department, or any police officer or deputy sheriff.
(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(3) For purposes of this subdivision, the following terms have the following meanings:
(A) “Farm Products” means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oil seeds, poultry, livestock, milk, or timber.
(B) “First point of processing or packing” means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or resale markets.
(C) “Special situation farm products” means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts.
( l ) Law Enforcement. Sections 1212.5 and 1213 do not apply to intrastate drivers employed by a law enforcement agency during an emergency or when restoring the public peace.
1212.5. Maximum Driving and On-Duty Time.
(a) General. Except as provided in Sections 1212(b)(1), 1212(f), 1212(i), 1212(j), and 1212(k), no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive:
(1) Interstate drivers, intrastate bus drivers, and drivers of tank vehicles with a capacity of more than 500 gallons transporting flammable liquid:
(A) More than ten hours following eight consecutive hours off duty; or
(B) For any period after having been on duty 15 hours following eight consecutive hours off duty.
(2) Intrastate Truck Drivers:
(A) More than 12 hours following eight consecutive hours off duty; or
(B) For any period after having been on duty 15 hours following eight consecutive hours off duty.
(3) School Bus, School Pupil Activity Bus, Youth Bus and Farm Labor Vehicle Drivers:
(A) More than ten hours within a work period; or
(B) After 16 consecutive hours have elapsed since first reporting for duty.
(b) Maximum On-Duty Time. No motor carrier shall permit or require a driver, regardless of the number of motor carriers using the driver’s services, to drive nor shall any driver drive for any period after:
(1) Interstate drivers:
(A) Having been on duty 60 hours in any seven consecutive days if the employing motor carrier does not operate motor vehicles every day of the week; or
(B) Having been on duty 70 hours in any period of eight consecutive days if the employing motor carrier operates motor vehicles every day of the week.
(2) Intrastate drivers, except as provided in Section 1212(k), having been on duty for 80 hours in any consecutive eight days.
s 925.7. Log Hauling.
(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays.
(b) Log hauling on public roads may be restricted or not permitted by the Director during commute hours or during school busing hours in order to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger school children.
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagmen where determined to be necessary to prevent a hazard to traffic.
(d) Any new access for the use of logging trucks to Highway 17 shall not be constructed until the Director has received approval for such construction from the State Department of Transportation and has consulted with the County Transportation Agency. A request for newly constructed access must be accompanied by evidence that such access will not adversely impact traffic flow and safety on the highway.
s 1213. Driver’s Record of Duty Status.
(a) Carrier responsibility. Except as provided in subsection (b), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24-hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section.
(1) Every driver shall record his/her duty status, in duplicate, for each 24- hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (h) of this section. The grid and the requirements of paragraph (e) of this section may be combined with any company forms. The previously approved format of the Daily Log, Form MCS-59 or the Multiday Log, MCS-139 and 139A, which meets the requirements of this section, may continue to be used.
(2) Every driver shall record his/her duty status by using an automatic on-board recording device that meets the requirements of Section 1213.2. The requirements of Section 1213 shall not apply, except paragraphs (f) and ( l ).
(3) The record shall be presented for inspection immediately upon request by any authorized employee of the department, or any regularly employed and salaried police officer or deputy sheriff.
(b) Exceptions. A driver’s record of duty status is not required for drivers of the following vehicles, provided documentation of their total days worked and time of reporting on and off duty each day, is maintained by the motor carrier for six months:
(1) Vehicles owned and operated by any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.
(2) Vehicles, owned and operated by local law enforcement agencies, which are engaged in the transportation of inmates or prisoners within the county where the agency is located.
(c) Duty status. The duty status shall be recorded as follows:
(1) “Off duty” or “OFF.”
(2) “Sleeper berth” or “SB” (only if a sleeper berth used).
(3) “Driving” or “D.”
(4) “On-duty not driving” or “ON.”
(d) Location of change of duty status. For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.
Note: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.
(e) Required information. The following information must be included on the form in addition to the grid:
(1) Date;
(2) Total miles driving today;
(3) Bus, truck or tractor, and trailer number;
(4) Name of carrier;
(5) Driver’s signature/certification;
(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of grid);
(11) Shipping document number(s), or name of shipper and commodity;
(f) Incomplete or false records. Failure to complete the record of duty activities of this section or Section 1213.2, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
(g) Driver responsibility. The driver’s activities shall be recorded in accordance with the following provisions:
(1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.
(2) Entries made by driver only. All entries relating to driver’s duty status must be legible and in the driver’s own handwriting.
(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.
(4) Total mileage driven. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver’s duty status record.
(5) Vehicle identification. The carrier’s vehicle number or State and license number of each bus, truck, truck tractor and trailer operated during that 24- hour period shall be shown on the form containing the driver’s duty status record.
(6) Name of carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver’s duty status record. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, shown a.m. or p.m., worked for each carrier shall be shown after each carrier’s name. Drivers of leased vehicles shall show the name of the motor carrier performing the transportation.
(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.
(8) Time base to be used. (A) The driver’s duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver’s home terminal, for a 24- hour period beginning with the time specified by the motor carrier for that driver’s home terminal.
(B) The term “seven or eight consecutive days” means the seven or eight consecutive 24-hour periods as designated by the carrier for the driver’s home terminal.
(C) The 24-hour period starting time must be identified on the driver’s duty status record. One-hour increments must appear on the graph, be identified, and pre-printed. The words “Midnight” and “Noon” must appear above or beside the appropriate one-hour increment.
(9) Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.
(10) Recording days off duty. Two or more consecutive 24- hour periods off duty may be recorded on one duty status record.
(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid. The total of such entries shall equal 24 hours.
(12) Shipping document number(s), or name of shipper and commodity shall be shown on the driver’s record of duty status.
(h) Graph grid. The following graph grid (Figure 2) must be incorporated into a motor carrier recordkeeping system which must also contain the information required in paragraph (e) of this section.
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE
Figure 2. Graph Grid (Horizontally and Vertically)
(i) Graph grid preparation. The graph grid may be used horizontally or vertically and shall be completed as follows:
(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in Section 1201. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)
(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty driving a motor vehicle, as “drive or operate” is defined in Section 1201.
(4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving as specified in Section 1201(q).
(5) Location-remarks. The name of the city, town, or village, with State abbreviations where each change of duty status occurs shall be recorded.
Note: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.
(j) Filing driver’s record of duty status. Each day, the driver shall submit or forward the original driver’s record of duty status to the regular employing motor carrier following the completion of the form. Drivers who do not return to the home terminal each day may submit their original records of duty status upon their first return to the home terminal, provided the interval does not exceed 13 days. Interstate drivers, subject to and in compliance with the record requirements of Sections 395.8 or 395.15, 49 CFR, shall be deemed in compliance with this section.
(k) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:
(A) All duty time for the entire 24-hour period;
(B) The name of each motor carrier served by the driver during that period; and
(C) The beginning and finishing time, including a.m. or p.m., worked for each carrier.
(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding seven days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.
( l ) Retention of driver’s record of duty status. The driver shall retain the duplicate copy of each record of duty status for the previous seven consecutive days which shall be in his/her possession and available for inspection while on duty.
Note: Driver’s Record of Duty Status. The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible.
The following executed specimen grid (Figure 3) illustrates how a driver’s duty status should be recorded for a trip from Richmond, Virginia, to Newark, New Jersey. The grid reflects the midnight to midnight 24 hour period. The driver in this instance reported for duty at the motor carrier’s terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pre-trip inspection, and performed other duties until 7:30 a.m. when the driver began driving. At 9 a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour handling details with the local police. The driver arrived at the company’s Baltimore, Maryland, terminal at noon and went to lunch while minor repairs were made to the tractor. At 1 p.m. the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at which time the driver started driving again. Upon arrival at Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for a rest break until 5:45 p.m. at which time the driver resumed driving again. At 7 p.m. the driver arrived at the company’s terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required paperwork including completing the driver’s record of duty status, vehicle condition report, insurance report for the Fredericksburg, Virginia accident, checked for the next day’s dispatch, etc. At 8 p.m., the driver went off duty.
s 3705. Cab Protection.
Trucks and truck tractors used to haul long steel structural members, poles, pipes, lumber, logs and similar materials shall be equipped with a barrier guard at the rear of the cab, designed, constructed and installed for the purpose of protecting the employees against being crushed by shifting loads.
6338. Binding Log Loads.
(a) All logs shall be well balanced and centered so that the load is stable without wrappers.
(b) All equipment shall be kept clear of log trucks being bound.
(c) Warning shall be given before throwing wrappers over a load and care shall be taken to prevent striking persons.
(d) Wrappers, except the gut wrapper, shall pass over the entire load. All wrappers shall be tight enough to keep the load from shifting.
(e) Wrappers shall be placed so that they must be released from the unloading machine or stanchion side.
(f) No load shall leave the loading spot until sufficient wrappers have been placed to restrain the load. No load shall leave the loading area until all required wrappers have been placed.
(g) When scaling and branding are done on the load at the dump or reload, it must be done before wrappers are released.
(h) When it is necessary to re-tighten the wrappers, only one wrapper shall be released and re-tightened at a time.
(i) On vehicles equipped with chock blocks, single log loads shall be secured to the rear bunk. All other loads shall be secured as follows:
(1) If load is one or two logs high, two wrappers used, one at each end.
(2) If load is three or four logs high, three wrappers used.
(3) If load is five or more logs high, four wrappers used.
(j) On vehicles equipped with bunk stakes, single logs shall be secured to the rear bunk. Loads that extend above the stakes shall have at least two wrappers. Loads with three or more tiers of logs above the stakes shall have at least three wrappers; six or more tiers of logs above the stakes shall have no less than four wrappers.
(k) Short logs on top of the load shall be secured by no less than two wrappers each.
( l) Bunk logs shall extend beyond the bunks no less than 6 inches. Logs shall be loaded so that no more than one-third the weight of the log extends beyond the end of the bunk or the log supporting it.
(m) Whenever loads consist of logs to be dumped at different destinations, lots shall be separated with gut wrappers, and wrappers shall be used for the entire loads, as provided in these Orders.
(n) All trucks shall carry spare wrappers.
s 6336. Truck Driving.
(a) All drivers shall have a valid operator’s license for the class of vehicle being operated.
(b) Logging truck drivers should have general knowledge of the handling of logs, in addition to being qualified drivers of logging trucks.
(c) Truck drivers or other workers shall not approach the area alongside trucks being loaded until communication is established with the loading machine operator and the area is determined safe.
(d) Before entering any public road, drivers shall stop and inspect loads for stability and security. Such inspections shall also be made at appropriate intervals while in transit.
(e) A brake test shall be made before trucks leave the loading point or descend any steep or sustained grade. A notice to that effect should be posted in the cab near the air gauge.
(f) Passengers shall not be carried in logging trucks, except persons having business at the operation and permission from the management.
(g) Riding on any part of a logging truck other than in the cab is prohibited.
(h) Logs lost off trucks shall be removed as soon as possible to a safe distance from the traveled portion of the road.
(i) Tires, steering apparatus, boosters, air hoses, and connections on all trucks and trailers shall be inspected daily. If any defect is found which will prevent the safe operation of the equipment, all necessary repairs or adjustments shall be made before the equipment is used.
(j) Inspection or maintenance records shall be kept.
(k) Condensation in compressed air tanks shall be drained daily.
( l) No loose equipment or tools shall be kept in the cab.
(m) Motor trucks shall not be moved on a landing until all employees are in the clear, and warning shall be sounded before such movement is begun.
(n) Trucks shall not enter a landing while there is danger from in-coming logs.
(o) When it is necessary for trucks to back into the place of loading, they shall do so only upon a signal from the loader or authorized person.
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