ARTICLE 1. Administration [34000 - 34006]
( Article 1 added by Stats. 1967, Ch. 1106. )
It is the intent of the Legislature to provide additional protection to the public and reduce the risk of possible hazards in the highway transportation of hazardous waste and of flammable and combustible liquids in tank vehicles. It is further the intent of the Legislature that the Department of the California Highway Patrol shall place as a high priority the random inspection of cargo tanks and hazardous waste transport vehicles and containers for compliance with this code.
(Amended by Stats. 1996, Ch. 539, Sec. 28. Effective January 1, 1997.)
The provisions of this division refer to vehicles having a cargo tank and to hazardous waste transport vehicles and containers, as defined in Section 25167.4 of the Health and Safety Code, that are operating on highways within this state.
(Amended by Stats. 1997, Ch. 945, Sec. 28. Effective January 1, 1998.)
(a) It is the legislative intention that the regulations adopted by the commissioner pursuant to this division shall apply uniformly throughout the State of California, and no state agency, city, city and county, county, or other political subdivision of this state, including, but not limited to, a chartered city, city and county, or county, shall adopt or enforce any ordinance or regulation which is inconsistent with this division.
(b) No other state agency, city, city and county, county, or other public agency of this state, including, but not limited to, a chartered city, city and county, or county, shall enforce any provisions regarding the design and construction of any cargo tank subject to this division, regardless of the location of the cargo tank, or the area of operation of the cargo tank, within this state.
(Amended by Stats. 1983, Ch. 661, Sec. 3.)
For purposes of this division:
(a) “Cargo tank” has the same meaning as defined in Section 171.8 of Title 49 of the Code of Federal Regulations.
(b) “Cargo tank vehicle” means a truck, trailer, or semitrailer with one or more permanently attached cargo tanks to or forming an integral part of the vehicle.
(c) “Flammable liquids” and “combustible liquids” have the same meanings as defined in Section 173.120 of Title 49 of the Code of Federal Regulations.
(Repealed and added by Stats. 2023, Ch. 219, Sec. 8. (SB 891) Effective January 1, 2024.)
The provisions of this division shall apply equally to new as well as existing cargo tanks.
(Repealed and added by Stats. 1967, Ch. 1106.)
The provisions of this division shall not apply to “wine,” as defined by Section 23007 of the Business and Professions Code, or any other aqueous solution, having an alcoholic content less than, or equal to, 24 percent by volume. This exemption applies only if the nonalcohol portion of the aqueous solution does not fall within the definition of flammable or combustible liquid.
(Added by Stats. 1978, Ch. 868.)