Article 4. Enforcement of California Vehicle Code >> Division 14.7. >> Article 4.
The commissioner shall provide for the establishment,
operation, and enforcement of random on- and off-highway inspections
of cargo tanks and hazardous waste transport vehicles and containers.
The commissioner shall also provide training in the inspection of
cargo tanks and hazardous waste transport vehicles and containers to
employees of the department whose primary duties include the
enforcement of laws and regulations relating to commercial vehicles
and who, thereafter, are required to perform random inspections of
cargo tanks and hazardous waste transport vehicles and containers to
determine whether or not the cargo tanks and hazardous waste
transport vehicles and containers are designed, constructed, and
maintained in accordance with the regulations adopted by the
commissioner pursuant to this code and Chapter 6.5 (commencing with
Section 25100) of Division 20 of the Health and Safety Code.
Any required pressure, vacuum, or hydrostatic testing of a
cargo tank shall be performed, or be caused to be performed, by the
carrier, operator, or consultant who shall certify in writing that
the cargo tank meets the requirements of the United States Department
of Transportation, the State Air Resources Board, and the
commissioner. An authorized representative of the department may
observe or require these tests. Records of these certifications shall
be maintained at the carrier's place of business.
The department shall compile data and annually publish a
report relating to the level of cargo tank and hazardous waste
transport vehicle and container inspections conducted during the
previous year. The data included in the report shall include, but
need not be limited to, all of the following:
(a) The number of inspections conducted.
(b) The number of violations recorded.
(c) The number of on-highway incidents involving cargo tanks and
hazardous waste transport vehicles and containers that were reported
to the Office of Emergency Services under Section 8574.17 of the
Government Code.
Any duly authorized employee of the department may inspect
cargo tanks and hazardous waste transport vehicles and containers, or
the appurtenances and equipment thereof, in terminals, yards, or
similar places, as often as may be necessary for the purpose of
ascertaining and causing to be corrected any conditions likely to
cause damage to any personal or real property or injury or death to
any person or animal or any violation of the provisions or intent of
this division. Any duly authorized employee of the department may
enter upon private property to conduct those inspections. The owner,
lessee, bailee, manager, or operator of that property shall permit
any duly authorized employee of the department to enter the property
and inspect cargo tanks and hazardous waste transport vehicles and
containers for the purpose stated in this division.