Section 1160.4 - General Provisions(a) Applicability. (1) Shippers shall not offer and carriers shall not transport any shipment of a HM not prepared for transportation in accordance with this Article.(2) A carrier and a shipper/carrier with one or more terminal locations in California shall be in compliance with Section 34501.12 of the Vehicle Code.(3) Shippers shall verify the carrier holds a valid Hazardous Materials Transportation License prior to offering HM for transportation in quantities requiring the license.(b) References to Statutes and Regulations. Any reference to provisions of these regulations or to statutes shall apply to all amendments and additions made to such regulatory or statutory provisions.(c) Alternate Method of Compliance. Upon a finding that an alternate method of compliance provides protection to the public equal to or exceeding that afforded by compliance with provisions of this article, the Department may authorize use of such alternate method subject to the following:(1) Any alternate method of compliance shall be permitted only after application has been made to and written authorization obtained from the Department.(2) Written authorization shall be carried in each transporting vehicle or combination.(3) No authorization for an alternate method of compliance shall be accorded any highway carrier subject to federal jurisdiction, nor shall such authorization apply to the preparation of HM for interstate transportation.(4) No authorization for an alternate method of compliance shall be granted when a special permit or exemption has been issued by the U.S. Department of Transportation, Associate Administrator for Hazardous Materials Safety authorizing the requested alternate method.(d) Special Permits and Exemptions. Compliance with requirements of special permits and exemptions issued by the U.S. Department of Transportation, Associate Administrator for Hazardous Materials Safety in accordance with 49 CFR Part 107, shall be deemed in compliance with equivalent provisions of this article.(e) Inspection by Department. Carriers and shippers shall afford duly authorized employees of the Department reasonable opportunity to enter terminals and other locations to determine compliance with the provisions of this article.(f) Unsafe Transportation Prohibited. Authorized employees of the Department shall declare and mark any vehicle out-of-service (OOS) when the condition, securement, preparation of lading, filling, closures, or protective devices on cylinders and tanks would be hazardous to life and property during transportation.(1) No carrier shall require or permit any person to operate nor shall any person operate any vehicle marked OOS until all necessary corrections have been completed.(2) No person shall remove any OOS notice from any vehicle prior to the completion of all corrections required by the notice.(g) Hazardous Materials Transportation License.(1) Application. The carrier shall submit a completed Form CHP 361M (Rev. 06-12), Application for Hazardous Materials Transportation License. The carrier shall include all required information on the Form CHP 361M listed below: (A) Company/Applicant Name.(B) Additional Name the Company is Doing Business As.(D) Federal Employer Identification Number.(E) Social Security Number (must be provided for individuals).(G) Main Office Street Address.(H) Mailing Address (if different from the main office address).(I) Reason for Application.(J) Ownership Information.(K) Mail License Attention.(L) California Carrier Identification Number.(M) CHP Hazardous Materials Transportation License Number and Expiration Date (if applicable).(N) MC/MX Number (if applicable).(O) USDOT Number (if applicable).(P) California Corporation Number (if applicable).(Q) Pipeline and Hazardous Materials Safety Administration Registration Number and Expiration Date (if applicable).(R) Federal Motor Carrier Safety Administration Hazardous Materials Safety Permit Number and Expiration Date.(S) Specialized Highway Routing Requirement Information.(T) Applicant Background. (1) An explanation of all "yes" answers to Applicant Background questions are required to be attached to the application.(U) Carrier Identification of Terminals.(V) Certification Information.(1) Original authorized certifier's signature.(2) The printed or typed name and title of the certifier.(3) The date of certification.(2) Fees. The fee for a new or initial license is one hundred dollars ($100), the fee for a renewal license is seventy-five dollars ($75), and the fee for a duplicate license is five dollars ($5.00).(3) Original License. The original valid license shall be kept at the licensee's place of business as indicated on the license and presented to any duly authorized employee of the Department upon request.(A) The original license shall be immediately surrendered to the Department upon cancellation, suspension, or revocation. The carrier shall immediately forward the original license to the California Highway Patrol, Commercial Vehicle Section, via US Mail or other appropriate means and shall destroy all copies.(B) A license may be revoked without prejudice in the event the license is issued in error.(C) A license shall not be issued to any carrier unless all appropriate applications and fees are on file with the Department.(D) The Department shall not issue a new or initial license to any carrier subject to Section 34501.12 of the Vehicle Code unless each terminal from which HM carrying vehicles are operated is in compliance with the requirements of Section 34501.12 and is currently rated satisfactory.(E) Except as otherwise provided, the Department shall not issue a new or initial license to any carrier who has received an unsatisfactory rating within the previous three years as the result of any inspection conducted pursuant to Section 34501, 34501.12, or 34520 of the Vehicle Code, unless the carrier has corrected the unsatisfactory rating prior to applying for the license. The correction shall be evidenced by the assignment of a satisfactory or conditional rating, issued by the Department, as the result of a reinspection conducted to ensure remedy of any existing unsatisfactory conditions and for which the previous unsatisfactory rating was assigned. In order to ensure issuance of a license is not unreasonably hindered, the Department may require the carrier to provide documented proof of correction upon request.(F) An original license shall not be issued unless the carrier is in compliance with the Code of Federal Regulations, Title 49, Part 107, Subpart G, and Part 171, Subpart A. The Department may require proof of compliance with applicable requirements prior to the issuance of any license.(4) Renewal License. Carriers with a valid license may renew the license if the renewal request and required fees are on file with the Department within the 30 day period following the expiration of the existing license when accompanied by the fee for a new license and; (A) No proof of transportation of HM is discovered for any period during which the carrier was not properly licensed.(5) New License. Carriers who have previously held a valid license may be issued a New License under the following conditions:(A) The request and required fees are received by the Department more than 30 days after the expiration of the existing license.(B) No proof of transportation of HM is discovered in any period during which the carrier was not properly licensed.(6) It shall be the responsibility of the carrier to obtain an application and ensure a license is issued or renewed, prior to the transportation of HM.(7) Copy in each vehicle. A legible copy of the license or another document bearing the license number, identified as the license issued by the Department, shall be carried in any vehicle or combination of vehicles transporting HM and shall be presented to any peace officer or authorized employee upon request.(8) Temporary License. Carriers subject to and in compliance with the provisions of Vehicle Code Sections 34501, 34501.12, and 34520, who have submitted a properly completed application and the required license fee to the Department and who have not been assigned an unsatisfactory compliance rating within the preceding three years, may use either of the following as a temporary license for not more than 60 days when carried in the vehicle: (A) A copy of the carrier's properly completed application for license to transport HM and a copy of the check or money order indicating payment of the required fee.(B) A copy of the carrier's properly completed application for license to transport HM and a telegraphic money order receipt, or copy thereof, made payable to the California Highway Patrol, indicating payment of the required fee for a license to transport HM.(9) The Department's license issuance and verification process should not unreasonably hinder a carrier's capacity to transport HM.(10) Exceptions. Federal, State, county, city, and city and county agencies, and other political subdivisions of the State including, but not limited to, school, irrigation, and fire protection districts are exempt from the licensing requirements of Vehicle Code Section 32000.5. Internet Access. The California Highway Patrol Form CHP 361M (Rev. 06-12), Application for Hazardous Materials Transportation License, instructions for completing the application and related documents are available on the Internet at http://www.chp.ca.gov/.Cal. Code Regs. Tit. 13, § 1160.4
1. Amendment of subsection (e) filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
2. Amendment of subsection (e) filed 1-20-78 as an emergency; effective upon filing (Register 78, No. 3).
3. Editorial correction to previous history note and designation of subsections (Register 78, No. 12).
4. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
5. New subsection (g) filed 2-22-82; effective thirtieth day thereafter (Register 82, No. 9).
6. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No. 26).
7. Repealer of subsection (g)(5) filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
8. Amendment of subsections (g)(3) and (g)(4) filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
9. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).
10. Amendment of subsection (g)(3) filed 3-10-92; operative 4-9-92 (Register 92, No. 12).
11. Amendment of subsections (c)(4), (d)(1) and (f), and repealer of subsections (d)(2)-(3) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
12. Amendment of subsections (a) and (d) filed 10-5-99; operative 11-4-99 (Register 99, No. 41).
13. Amendment of subsections (g)(1)-(g)(4), new subsection (g)(5) and new last paragraph filed 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).
14. Amendment filed 3-10-2009; operative 4-9-2009 (Register 2009, No. 11).
15. Amendment of subsections (g)(1) and (g)(2)(C)-(D), new subsection (g)(2)(E), subsection relettering, amendment of subsection (g)(3), new subsection (g)(3)(A) and amendment of subsections (g)(4) and (g)(7) and NOTE filed 4-27-2010; operative 5-27-2010 (Register 2010, No. 18).
16. Amendment of subsections (a)(1), (a)(3), (c)-(c)(1), (c)(3) and (e)-(f)(2), new subsections (g)(1)-(g)(1)(V)(3), subsection renumbering and amendment of newly designated subsections (g)(3)(A), (g)(3)(D)-(E), (g)(4)(A), (g)(5)(B)-(g)(7) and (g)(8)(A)-(g)(10) filed 6-9-2014; operative 10-1-2014 (Register 2014, No. 24).
17. Amendment of subsections (g)(7) and (g)(10) filed 6-29-2017; operative 10-1-2017 (Register 2017, No. 26). Note: Authority cited: Sections 2532, 32000.5, 32002 and 34501, Vehicle Code. Reference: Sections 2501, 2502, 32000.5, 32001 and 34501, Vehicle Code.
1. Amendment of subsection (e) filed 12-21-77 as an emergency; designated effective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
2. Amendment of subsection (e) filed 1-20-78 as an emergency; effective upon filing (Register 78, No. 3).
3. Editorial correction to previous history note and designation of subsections (Register 78, No. 12).
4. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
5. New subsection (g) filed 2-22-82; effective thirtieth day thereafter (Register 82, No. 9).
6. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No. 26).
7. Repealer of subsection (g)(5) filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
8. Amendment of subsections (g)(3) and (g)(4) filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
9. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).
10. Amendment of subsection (g)(3) filed 3-10-92; operative 4-9-92 (Register 92, No. 12).
11. Amendment of subsections (c)(4), (d)(1) and (f), and repealer of subsections (d)(2)-(3) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
12. Amendment of subsections (a) and (d) filed 10-5-99; operative 11-4-99 (Register 99, No. 41).
13. Amendment of subsections (g)(1)-(g)(4), new subsection (g)(5) and new last paragraph filed 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).
14. Amendment filed 3-10-2009; operative 4-9-2009 (Register 2009, No. 11).
15. Amendment of subsections (g)(1) and (g)(2)(C)-(D), new subsection (g)(2)(E), subsection relettering, amendment of subsection (g)(3), new subsection (g)(3)(A) and amendment of subsections (g)(4) and (g)(7) and Note filed 4-27-2010; operative 5-27-2010 (Register 2010, No. 18).
16. Amendment of subsections (a)(1), (a)(3), (c)-(c)(1), (c)(3) and (e)-(f)(2), new subsections (g)(1)-(g)(1)(V)(3), subsection renumbering and amendment of newly designated subsections (g)(3)(A), (g)(3)(D)-(E), (g)(4)(A), (g)(5)(B)-(g)(7) and (g)(8)(A)-(g)(10) filed 6-9-2014; operative 10/1/2014 (Register 2014, No. 24).
17. Amendment of subsections (g)(7) and (g)(10) filed 6-29-2017; operative 10/1/2017 (Register 2017, No. 26).