Article 1. Administration of California Vehicle Code >> Division 14.7. >> Article 1.
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.
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.
(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.
As used in this division:
(a) "Cargo tank" means any tank having a volumetric capacity in
excess of 120 gallons that is used for the transportation of
flammable liquids or combustible liquids. "Cargo tank" includes
pumps, meters, valves, fittings, piping, and other appurtenances
attached to a tank vehicle and used in connection with the flammable
liquids or combustible liquids being transported in the cargo tank
except that the volumetric capacity refers to the capacity of the
container portion of a cargo tank.
"Cargo tank" does not include any of the following:
(1) Any tank used only to carry fuel necessary for the operation
of the vehicle or any equipment of the vehicle.
(2) Any tank containing not more than 120 gallons of residue. For
purposes of this paragraph, "residue" means the liquid material
remaining after a tank has been unloaded to the maximum extent
practicable through the normal discharge opening.
(3) Any intermodal portable tank, meeting United States Department
of Transportation IM 101 or IM 102 Specification transported as part
of an interstate shipment when operated within a 25-mile radius of
its ocean port or railroad terminal loading or unloading facility.
(4) Any tank meeting the requirements of Title 49 of the Code of
Federal Regulations, with a volumetric capacity of less than 500
gallons used to transport flammable or combustible liquids, except a
portable tank used to transport an inhalation hazard as defined in
subdivision (a) of Section 32101.
(5) Any tank designated by the United States Department of
Transportation as a "single trip container" or "nonreusable
container," marked and used as such, with a volumetric capacity of
less than 500 gallons.
(6) Any vehicle that is registered in any other state and is used
for refueling aircraft while operating in this state pursuant to a
contract with this state or the United States for the conduct of fire
suppression or other emergency-related activities.
(b) "Tank vehicle" means any truck, trailer, or semitrailer
equipped with a cargo tank which is used for the transportation of
flammable liquids or combustible liquids within this state.
(c) "Flammable liquids" and "combustible liquids" mean those
liquids as defined by the regulations adopted by the commissioner
pursuant to Section 2402.7.
The provisions of this division shall apply equally to new
as well as existing cargo tanks.
The provisions of this division shall not apply to a trap
wagon or spray rig when empty or when transporting not more than
1,000 gallons of flammable liquids or combustible liquids to
accomplish the basic function of such vehicle. For the purpose of
this section, "trap wagon" and "spray rig" have the same meaning of
those terms as defined in Section 36005.
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.