Chapter 2. Notification Of Routes of California Vehicle Code >> Division 14.1. >> Chapter 2.
(a) Prior to the transport of anhydrous hydrazine,
methylhydrazine, dimethylhydrazine, Aerozine 50, fuming nitric acid,
liquid fluorine, or nitrogen tetroxide in bulk packaging, except when
that packaging contains only residue, outside the confines of a
facility where that material was used or stored, or prior to the
delivery of that bulk material to a carrier for transport, each
carrier shall provide advance notification, in writing, of the
shipment, to the department, which, in turn, shall notify the sheriff
of each county and police chief of each city in which is located the
proposed route. Notification shall be made through the Department of
Justice's California Law Enforcement Telecommunications System. The
sheriffs and police chiefs shall, in turn, make timely notification
to the fire chiefs within their respective jurisdictions through a
mutually agreed upon communications system.
(b) Subdivision (a) applies only to the extent that it does not
conflict with federal law.
(c) For the purposes of this section, the following definitions
(1) "Bulk packaging" has the same meaning as defined in Section
171.8 of Title 49 of the Code of Federal Regulations.
(2) "Fire chief" means the fire chief of each county and city fire
department and the fire chief of each fire protection district
serving a population greater than 15,000 in which is located the
proposed route. This paragraph does not apply to any fire chief of a
fire department or fire protection district that is composed of 50
percent or more volunteer firefighters.
(3) "Residue" has the same meaning as defined in Section 171.8 of
Title 49 of the Code of Federal Regulations.
(a) Each advance notification required by Section 32050
shall contain all of the following information:
(1) The name, address, and emergency telephone number of the
manufacturer, shipper, carrier, and receiver of the shipment.
(2) A current copy of a material data safety sheet, as designated
by the department, regarding the material.
(3) If the shipment is originating within California, the point of
origin of the shipment and the 48-hour period during which departure
of the shipment is estimated to occur, the destination of the
shipment within California, and the 48-hour period during which the
shipment is estimated to arrive.
(4) If the shipment is originating outside of California, the
point of origin of the shipment and the 48-hour period during which
the shipment is estimated to arrive at the state boundary, the
destination of the shipment within California, and the 48-hour period
during which the shipment is estimated to arrive.
(5) A telephone number and address for current shipment
(b) The department shall design a standard notification form to
include all of the information specified in subdivision (a) and shall
make these forms available by April 1, 1989.
(a) The notification required by Section 32050 shall reach
the department at least 72 hours before the beginning of the 48-hour
period during which departure of the shipment of any material
designated in Section 32050 is estimated to occur, and the department
shall notify the sheriffs and the police chiefs as specified in
subdivision (a) of Section 32050 at least 36 hours before the
beginning of the 48-hour departure period specified in subdivision
(a) of Section 32051, who shall notify the fire chiefs, as provided
in Section 32050. A copy of the notification shall be retained by the
department for three years.
(b) The carrier shall also notify, by telephone or telegram, the
department if there are any changes in the scheduling of a shipment,
in the routes to be used for shipment, or any cancellation of a
shipment. The department shall, in turn, notify the sheriffs and the
police chiefs specified in subdivision (a) of Section 32050 that
would be affected by these changes in the scheduling of a shipment,
in the routes to be used for a shipment, or the cancellation of a
shipment, who shall notify the fire chiefs, as provided in Section
32050. The department shall maintain for three years a record of each
telegram and telephonic notification.
(a) Any carrier who violates Section 32050, 32051, or 32052,
in addition to any other penalty provided by law, is subject to a
civil penalty of not less than five hundred dollars ($500) or more
than one thousand dollars ($1,000) for each violation. For purposes
of this section, each day of a continuing violation is a separate
(b) When establishing the amount of the civil penalty, the court
shall consider, in addition to other relevant circumstances, all of
(1) The extent of the harm caused by the violation.
(2) The persistence of the violation.
(3) The number of prior violations by the same violator.
(4) The deterrent value of the penalty based on the financial
resources of the violator.