Division 14.3. Transportation Of Inhalation Hazards of California Vehicle Code >> Division 14.3.
It is the intent of the Legislature, in enacting this
division, to create a special category of inhalation hazards and
poison gases and to establish special safeguards for their
These materials are highly toxic, spread rapidly, and require
rapid and widespread evacuation if there is loss of containment or a
fire. For these reasons, the Legislature intends to more rigorously
restrict and otherwise control the transportation of these materials.
This division applies to the transportation of inhalation
hazards in bulk packaging, except when that packaging contains only
As used in this division:
(a) "Inhalation hazard" means any material defined as "Poison A"
pursuant to Section 173.326 of Title 49 of the Code of Federal
Regulations or for which a "Poison-Inhalation Hazard" or "Inhalation
Hazard" shipping paper description is required pursuant to Section
172.203 of Title 49 of the Code of Federal Regulations.
(b) "Bulk packaging" means the same as defined in Section 171.8 of
Title 49 of the Code of Federal Regulations.
(c) "Residue" means the same as defined in Section 171.8 of Title
49 of the Code of Federal Regulations.
(d) "Inspection stop" means any location designated as such in
regulations adopted pursuant to this division or any safe stopping
(e) "Safe parking place" means any loading or unloading facility
or motor carrier terminal where the driver may safely and lawfully
park and leave the vehicle unattended when authorized by the owner or
person in charge of the facility or terminal.
(f) "Safe stopping place" means any place designated by the
department pursuant to this division where a driver may stop for
food, fuel, or any other necessary reason, provided the vehicle is
attended at all times. A vehicle is "attended" when the driver or
person in charge of it is awake and occupies any part of it except
the sleeper berth, or is within 100 feet of the vehicle and has an
unobstructed view of it.
(a) The department may adopt any regulations that are
necessary to administer this division. It is a misdemeanor for any
person to violate this division or regulations adopted pursuant to
(b) The department shall, by regulation, designate through routes
in this state which are to be used for the transportation of
inhalation hazards. The department may also designate separate
through routes for the transportation of inhalation hazards composed
of any chemical rocket propellant specified in Section 32050. The
Department of Transportation shall assist the department in
developing the recommended routes. The department shall hold public
hearings in each field operation division of the department in which
are located proposed routes. In recommending the through routes, the
department shall do both of the following:
(1) Perform a risk assessment which shall include, but not be
limited to, consideration of the population density, capabilities of
the emergency response personnel near the proposed routes, and the
safety of the roadways.
(2) Consult with officials having the responsibility for the
prevention and suppression of fire in communities in which are
located the proposed routes, the representatives of persons engaged
in the transportation of inhalation hazards, manufacturers of
inhalation hazards, and the State Fire Marshal.
(c) The department shall prepare for distribution to persons
engaged in the transportation of inhalation hazards maps which
clearly indicate the routes which are to be used for the
transportation of inhalation hazards.
(d) The department shall prepare for distribution to persons
engaged in the transportation of inhalation hazards a list of
locations of required inspection stops and safe stopping places and
shall revise the list to keep it current.
(e) Until other routes are designated by the department for the
transportation of chemical rocket propellants pursuant to subdivision
(b), the designated through routes for the transportation of
chemical rocket propellants to Vandenberg Air Force Base shall be
those routes designated in the letter of agreement between the
department and the United States Department of the Air Force executed
(a) Every motor carrier shall make available in each vehicle
used in the transportation of inhalation hazards the latest map
showing the routes to be used for the transportation of inhalation
hazards and a list of the safe stopping places and inspection stops
for vehicles transporting inhalation hazards as prescribed by
regulations of the department. The carrier shall require that the
driver be thoroughly familiar with this division before operating any
vehicle in the transportation of inhalation hazards.
(b) This section shall become operative on January 1, 1992.
(a) It is unlawful for the motor carrier or its authorized
agent to drive or to permit the driving of any vehicle transporting
inhalation hazards, or for the driver to drive the vehicle, upon any
public highway not designated in regulations adopted by the
department as a route for the transportation of inhalation hazards.
This subdivision shall not apply when the use of the highway is
required (1) to permit delivery of, or the loading of, inhalation
hazards at a point not on a highway designated as a route for the
transportation of inhalation hazards, or (2) to permit the vehicle to
proceed to, and return from, an inspection stop, safe stopping
place, or safe parking place.
(b) It is unlawful for the driver of any vehicle transporting
inhalation hazards to stop at any place other than a safe stopping
place, safe parking place, or an inspection stop unless the vehicle
is disabled or except when necessary to avoid conflict with other
traffic or to comply with the orders of a peace officer or an
official traffic control device.
(c) This section shall become operative on January 1, 1992.
(a) Unless there is no practicable alternative, every driver
of a vehicle transporting inhalation hazards shall avoid, by
prearrangement of routes, driving into or through heavily populated
areas, congested thoroughfares, or places where crowds are assembled.
Operating convenience is not a basis for determining whether it is
practicable to operate a vehicle in accordance with this subdivision.
(b) No vehicle transporting inhalation hazards shall be left
unattended upon any street or highway.
(c) Inspection of the following items of equipment shall be made
immediately preceding the actual transportation of an inhalation
(1) Brakes and the brake system.
(2) Steering, connection devices, and lighting systems.
(3) All tires.
(4) All supplemental equipment as required by Section 32106.
(d) En route inspection of tires and brakes on vehicles
transporting inhalation hazards shall be performed at the following
(1) At an inspection stop at least every four hours or 150 miles
traveled, whichever occurs first, or as close thereto as is
practicable, depending upon the proximity of those inspection stops.
(2) Regardless of elapsed time or miles traveled, at the top of
and prior to descending any grade upon which the Department of
Transportation has declared a speed limit for trucks of less than 55
miles per hour as provided by Section 22407. The inspection shall be
made off the roadway.
(3) Regardless of elapsed time or miles traveled, at any location
designated in regulations of the department as a required inspection
(e) (1) Every person operating a vehicle transporting an
inhalation hazard shall complete a record of every inspection which
is required pursuant to this section in the form approved by the
department showing the time and place of every inspection.
(2) The record of every inspection shall be made at the time the
inspection is conducted.
(3) The person making the inspection shall certify the fact in the
(f) This section shall become operative on January 1, 1992.
Every vehicle used in the transportation of an inhalation
hazard, in addition to any other equipment required by law, shall be
equipped and maintained as required by this section.
(a) Brakes and the brake system shall be maintained in good and
safe operating condition.
(b) Steering, connection devices, and lighting systems shall be
maintained in good operating condition.
(c) All tires shall be in good condition, properly matched and
inflated. Except as may be necessary to cause immediate replacement,
no vehicle shall be driven unless all tires in actual use on the
vehicle are properly inflated.
(d) Fire extinguishers and other safety equipment prescribed by
regulations adopted by the department pursuant to Section 34501 shall
be carried in each vehicle or combination of vehicles.
Every vehicle, or combination of vehicles, transporting an
inhalation hazard shall contain a self-contained breathing apparatus
and equipment capable of immediate communication with emergency
Nothing in this division exempts any vehicle transporting
inhalation hazards and subject to this division, or the owner or any
other person, from other provisions of this code. All those other
provisions relating to the driving and movement of vehicles, and the
size, weight and equipment thereof, shall apply as applicable to each
and every vehicle engaged in transporting inhalation hazards subject
to this division.