California Law relating to Hazardous Materials (HAZMAT):

The California Highway Patrol issues many citations for hazardous materials
violations and permit problems.  Our Hazmat Violation Attorney can defend these
tickets.  Drivers of hazardous material are some of the best in the business and are
professionals who deserve the respect of law enforcement, however that is not
always the case in Kern County.   The following is a summary of California Law in
the area:

Hazardous materials and wastes including radioactive materials pose a risk to
health, safety, and property during transportation. The Hazardous Materials Table
lists materials considered hazardous. The rules (Title 49 Code of Federal
Regulations [CFR]) sometimes require diamond-shaped, square-on-point, warning
signs on vehicles transporting certain types or quantities of hazardous materials.
These signs are called placards.

You must have a commercial driver license with a HAZMAT endorsement before
driving vehicles carrying hazardous materials which require placards. To get the
endorsement, you must pass a written test in English about the hazardous materials
transportation rules. By studying this section you will learn to recognize hazardous
cargo, to contain the material, and to communicate the danger.  If you are issued a
citation for a Hazmat violation, our attorneys can help.

Every employee who transports hazardous materials must receive training to
recognize and identify hazardous materials and become familiar with HAZMAT
requirements. (49 CFR 172.702, 172.704, and 13 CCR 1161.7) Government and
industry publishers sell copies of the regulations. Union or company offices often
have copies of the rules for driver use. Find out where you can get your own copy
to use on the job.

In addition to the general HazMat training requirements (49 CFR 172.700–172.706)
and repeated training every three years, drivers are also required to be trained in
function- and commodity-specific requirements (e.g., flammable cryogenic liquids or
Highway Route Controlled Quantities [HRCQ] of radioactive materials.)

Permits. A permit or route restriction may be required to transport some
classifications and quantities of hazardous materials. Contact the California Highway
Patrol and the U. S. Department of Transportation for information. Permits and
registrations may also be required for hazardous waste and medical waste
transportation. Contact the Department of Toxic Substances Control and the
Department of Health Services respectively, for information.

If you apply for an original or renewal HazMat endorsement, you must undergo a
Transportation Security Administration (TSA) federal security threat assessment
(background records check). You start the TSA background records check after
you apply for your CDL at DMV, successfully complete all appropriate law tests, and
submit a valid medical form. You must submit fingerprints, a $94 fee, and any
additional required information to one of TSA’s designated agents. You must also
provide the TSA agent with a copy of your CDL permit and one of the following
identification documents:

A California DL/ID card
An out-of-state DL
Your CDL permit accompanied by a DMV photo receipt

California Hazardous Material Transportation License

Every motor carrier who transports the following hazardous materials in California
must have a Hazardous Materials Transportation License issued by the CHP (VC
§32000.5):

Hazardous materials shipments (unless specifically excepted) for which the display
of placards is required per VC §27903.
Hazardous materials shipments in excess of 500 lbs., transported for a fee, which
would require placarding if shipped in greater amounts in the same manner.
A valid legible copy of the carrier’s Hazardous Materials Transportation License
must be carried in the vehicle and be presented to any peace officer upon request.
(13 CCR 1160.3[g][2])

This is in addition to the federal HazMat registration that may be required under 49
CFR 107.601.  

Contact our Office for help if you have been issued a citation for a Hazmat or permit
violation in Kern County at 1-877-617-4486, Toll Free.  Hazmat tickets are costly
and can adversely impact on a drivers DMV record.  Our attorneys can fight
unwarranted  and unjustified citations for these offenses in Mojave, Lamont, Taft,
Bakersfield, Shafter and anywhere in Kern County.
Mojave Desert Criminal Defense Lawyers
Bruce M. Blythe, Attorney at Law    Toll Free 1-877-617-4486