Section 32001 Of Chapter 1. Licensing From California Vehicle Code >> Division 14.1. >> Chapter 1.
32001
. (a) (1) Any authorized employee of the department may
inspect any sealed or unsealed vehicle, container, or shipment
subject to this division in maintenance facilities, terminals, or
other public or private property to ascertain the quantity and kind
of hazardous material and to ensure compliance with the provisions of
this code and regulations adopted pursuant to this code.
(2) If a seal is opened for inspection, the department shall
reseal any vehicle, container, or shipment prior to further
transportation.
(b) Unless specifically stated, nothing contained in this division
shall be deemed to exempt any vehicle transporting a hazardous
material subject to this division or the operator or any other person
from other provisions of this code.
(c) No motor carrier shall direct the transportation of any
shipment of a hazardous material in any vehicle unless all of the
following are complied with:
(1) The vehicle is equipped as required by this code and
applicable regulations adopted pursuant to law.
(2) The shipment complies with laws and regulations pertaining to
the shipment or transportation of hazardous material.
(3) The motor carrier holds a valid license for the transportation
of hazardous materials.
(4) (A) A vehicle or combination of vehicles required to display
placards pursuant to Section 27903 is equipped with a two-way
communication device, maintained in good working order, that enables
the driver to contact the personnel responsible for the safety
operations of the motor carrier in the event of an emergency.
(B) For the purposes of this section, "two-way communication
device" means a radio, cellular telephone, or other similar device
that permits communication between the driver and personnel
responsible for the safety operations of the motor carrier.
(5) (A) The enclosed cargo body, when the display of placards is
required pursuant to Section 27903, shall be locked and remain locked
during transit of the hazardous materials so as to prevent any
unauthorized entry and shall be opened only during loading,
unloading, or at the direction of a peace officer, an authorized
employee of the department, or a person authorized pursuant to
Section 25185 of the Health and Safety Code.
(B) A driver transporting hazardous material in a locked cargo
body shall verify that all locks are in place if the vehicle has been
left unattended for any length of time. Each driver shall make a
notation in his or her log book of the time and date that the
verification occurred.
(C) For the purposes of this section, "cargo body" means a fully
enclosed area that is an integral part of the vehicle and designed to
encapsulate the entire load, such as a van body or an intermodal
freight container, and does not mean a tank or flatbed type of
vehicle.
(d) The commissioner may issue exemptions from the provisions of
this section.
(e) Nothing in this section shall limit the ability of other state
or local agencies to carry out their regulatory, enforcement, or
emergency response duties under other provisions of law.