Chapter 6. Fines And Penalties of California Vehicle Code >> Division 14.85. >> Chapter 6.
(a) A motor carrier of property, after its motor carrier
permit has been suspended by the department, who continues to operate
as a motor carrier, either independently or for another motor
carrier, is guilty of a misdemeanor, punishable by a fine of not more
than two thousand five hundred dollars ($2,500), or by imprisonment
in the county jail for not more than three months, or by both that
fine and imprisonment.
(b) Each violation of this section is a separate and distinct
offense, and, in the case of a continuing violation, each day's
continuance of operation as a carrier in violation of this section is
a separate and distinct offense.
(c) Upon finding that a motor carrier of property is willfully
violating this section after being advised that it is not operating
in compliance with the laws of this state, the court may issue an
injunction to stop the carrier's continued operation.
(d) A member of the Department of the California Highway Patrol
may impound a vehicle or combination of vehicles operated by a motor
carrier of property, when the vehicle or combination of vehicles is
found upon a highway, any public lands, or an offstreet parking
facility and the motor carrier is found to be in violation of this
section or of subdivision (a) of Section 34620. For purposes of this
subdivision, the vehicle shall be released to the registered owner or
authorized agent only after the registered owner or authorized agent
furnishes the Department of the California Highway Patrol with proof
of current registration, a currently valid driver's license of the
appropriate class to operate the vehicle or combination of vehicles,
and proof of compliance with this division. The registered owner or
authorized agent is responsible for all towing and storage charges
related to the impoundment.
Any person or corporation who violates any provision of this
division is guilty of a misdemeanor, punishable by a fine of not
more than two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than three months, or by
both that fine and imprisonment.
Any violation of Division 14.8 (commencing with Section
34500) or any violation that results in a suspension or revocation of
the motor carrier permit pursuant to Section 34505.6 or 34623, or
subdivision (d) of Section 34624, in addition to any other penalties,
shall be sanctioned as follows:
(a) If there have been no prior sanctions imposed on the
permitholder, the permit shall be suspended for 30 days.
(b) If the permit had been suspended once prior in the previous 36
months, the permit shall be suspended for 60 days.
(c) If the permit had been previously suspended two or more times
in the previous 36 months, the permit shall be suspended for 90 days,
and a fine of one thousand five hundred dollars ($1,500) shall be
imposed.
Except as provided under subdivision (c) of Section 34630
and subdivision (d) of Section 34640, a motor carrier permit
suspended or revoked under the provisions of this code shall not be
reinstated until a fee of one hundred fifty dollars ($150) has been
paid, and the motor carrier permitholder has met all requirements for
the issuance of a permit.
If a motor carrier permit is paid for by a check that is
dishonored by the bank, the permit shall be canceled. The department
shall notify the carrier that the check was dishonored and that the
permit will be canceled 30 days from the date of notification if the
applicant does not make restitution. If the applicant does not make
restitution for the dishonored check, and pay the dishonored check
fee within 30 days of the notice, the application for a motor carrier
permit shall be canceled.