34501
. (a) (1) The department shall adopt reasonable rules and
regulations that, in the judgment of the department, are designed to
promote the safe operation of vehicles described in Section 34500,
regarding, but not limited to, controlled substances and alcohol
testing of drivers by motor carriers, hours of service of drivers,
equipment, fuel containers, fueling operations, inspection,
maintenance, recordkeeping, accident reports, and drawbridges. The
rules and regulations shall not, however, be applicable to
schoolbuses, which shall be subject to rules and regulations adopted
pursuant to Section 34501.5.
The rules and regulations shall exempt local law enforcement
agencies, within a single county, engaged in the transportation of
inmates or prisoners when those agencies maintain other motor vehicle
operations records which furnish hours of service information on
drivers which are in substantial compliance with the rules and
regulations. This exemption does not apply to any local law
enforcement agency engaged in the transportation of inmates or
prisoners outside the county in which the agency is located, if that
agency would otherwise be required, by existing law, to maintain
driving logs.
(2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria. In
adopting the rules and regulations, the commissioner may consider the
commercial vehicle safety inspection and out-of-service criteria
adopted by organizations such as the Commercial Vehicle Safety
Alliance , other intergovernmental safety group, or the United States
Department of Transportation. The commissioner may provide
departmental representatives to that alliance or other organization
for the purpose of promoting the continued improvement and refinement
of compatible nationwide commercial vehicle safety inspection and
out-of-service criteria.
(3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory
capacity to the department, and the department shall cooperate and
confer with the advisory committee so appointed. The commissioner
shall appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.
(4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the
dispatch of vehicles or drivers, and the pay of drivers, to assure
compliance with this code and regulations adopted pursuant to this
section.
(b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials which are subject to other provisions of this code, that
the department determines are reasonably necessary to ensure the
safety of persons and property using the highways. The regulations
may include provisions governing the filling, marking, packing,
labeling, and assembly of, and containers that may be used for,
hazardous materials shipments, and the manner by which the shipper
attests that the shipments are correctly identified and in proper
condition for transport.
(c) At least once every 13 months, the department shall inspect
every maintenance facility or terminal of any person who at any time
operates any bus. If the bus operation includes more than 100 buses,
the inspection shall be without prior notice.
(d) The commissioner shall adopt and enforce regulations which
will make the public or private users of any bus aware of the
operator's last safety rating.
(e) It is unlawful and constitutes a misdemeanor for any person to
operate any bus without the inspection specified in subdivision (c)
having been conducted.
(f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance facility
or terminal if the vehicle is found in violation of this code or
regulations adopted pursuant to this section.