Call Matt Direct 661-243-1084
Kern County's Top Hazmat Defense Lawyers
California Law relating to Hazardous Materials (HAZMAT):
Issued a Hazmat Ticket in the Mojave Desert in Kern County?
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.
Drivers are required to 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.
California 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.)
California 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. CVC 32000.5 governs when a HAZMAT Permit is
required in California.
The CHP will require a Hazardous Materials Transportation
License in some circumstances. Failure to obtain an HMTL is a
violation of CA law. Licenses are required anytime Hazardous
Materials Placards are required and when the load exceeds 500
pounds and is being transported for a fee.
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, the required 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 661-243-1084.
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.
If you were issued a citation for Hazardous Materials or are a
company that received a letter from the CHP advising you a
violation has occurred in Kern County, call Matt today for help.
Call Matt 661-243-1084
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Matthew Ruff, Attorney at Law Call 661-243-1084
