Section 12804.2 Of Article 3. Issuance And Renewal Of Licenses From California Vehicle Code >> Division 6. >> Chapter 1. >> Article 3.
12804.2
. (a) Notwithstanding Section 15275, a person with at least
a class C driver's license is exempt from the endorsement
requirements of Section 15275 if all of the following conditions are
met:
(1) The person is employed in an agricultural operation and is
driving a vehicle, other than a vehicle used in common or contract
motor carriage, controlled by a farmer and transporting agricultural
products or farm machinery or supplies to or from a farm.
(2) (A) The person has completed an agricultural hazardous
materials transportation program offered or approved by the
Department of the California Highway Patrol. The Department of the
California Highway Patrol shall make the program available at no
cost, and the program shall contain information specifically
applicable to the safe transportation of agricultural chemicals and
shall not be less than two hours in length. If the commissioner
determines that the program cannot be offered in a particular area of
the state because of personnel constraints, a person in that area
may instead comply with this requirement by receiving agricultural
hazardous materials training, in a program and manner approved by the
Department of the California Highway Patrol, from an organization or
a person in a supervisory position that has been certified by the
Department of the California Highway Patrol.
(B) Upon successful completion of the program specified in
subparagraph (A), a verification of training, valid for four years,
shall be issued by the instructor and shall be carried by the person
when operating an implement of husbandry or a motor vehicle required
to display placards or markings pursuant to Section 27903 or which is
hauling hazardous waste, as defined in Sections 25115 and 25117 of
the Health and Safety Code. Within 10 days of issuance by the
instructor, a copy of the verification shall be forwarded by the
person completing the training to the department for inclusion on the
permanent driving record of the person, together with a fee of
twelve dollars ($12).
(C) The department, in consultation with the Department of the
California Highway Patrol, shall develop a suitable form for
verification of training.
(3) The person has, within the vehicle, informational material
approved by the Department of the California Highway Patrol, in both
English and Spanish, outlining basic safety procedures to be followed
in the event of an accident. The Department of the California
Highway Patrol shall provide the information required by this
subdivision and make it available at no cost to the person.
(4) The person is operating a vehicle which is an implement of
husbandry or a motor vehicle requiring a class C driver's license and
the distance which the vehicle is being operated between the final
point of distribution and the ultimate point of application or from
part of a farm to another part thereof, or from one farm to another,
is not more than 50 miles.
(5) In lieu of a report of a medical examination required by
Section 12804.9, an applicant for a certificate pursuant to paragraph
(3) shall, upon application and every two years thereafter, submit
medical information on a form approved by the department. A person
who obtains a verification of training pursuant to this section, but
does not meet the medical requirements for a hazardous materials
endorsement established by the department under Section 12804.9, is
not qualified to transport hazardous materials.
(6) For purposes of the penalties and sanctions prescribed by
Article 7 (commencing with Section 15300) of Chapter 7, the operation
of a vehicle pursuant to this subdivision is deemed to be the
operation of a commercial motor vehicle.
(b) Implementation dates for this section may be established by
the Department of Motor Vehicles by regulation in order to accomplish
an orderly certification program.