Commercial drivers who haul explosives and other hazardous materials face approximately 360 misdemeanor hazardous material violations.
Although the CHP manages everything related to transporting hazardous materials in CA, they must conform to CA and Federal guidelines to develop the safest regulation for hauling hazardous materials.
What routes you can use and the times you can use them are strictly regulated to ensure the safest times, routes, and even ‘coffee breaks’ are as safe as possible.
If the driver doesn’t have the right map, stops in an unauthorized location, fails to carry their hazardous cargo endorsement or CDL, fails to secure cargo properly, and many other missteps could earn them a misdemeanor hazardous material violation.
The best option for a commercial driver charged with a misdemeanor violation is to sign the ticket and consult a CA traffic attorney with trial experience.
Furthermore, it is a “serious offense” for a commercial driver to haul hazardous material “…without the proper class license and/or endorsements,” including their commercial driver’s license (CDL) or commercial learner’s permit (CLP) while driving a commercial motor vehicle (CMV).
A second conviction of a serious offense will result in a DOT FMCSA driver disqualification of 60 days if it occurs within three years of the first. A third conviction will result in a 120-day disqualification, and a fourth within that same three-year period triggers a one-year driver disqualification.
A Few of the CA Misdemeanor Hazardous Material Violations
Remember, these are only a few of the misdemeanor hazardous material violations. However, this will give you a look at the CA Vehicle Code (CVC) section, the violation, possible fine, and negligent operator treatment system points for each violation.
For more information about CA requirements, see the CA Commercial Driver Handbook, Section 9, Hazardous Materials.
Logbook Violations That Include Misdemeanor Hazardous Material Violations
The Motor Carrier Safety Planner Chapter 8 — Hazardous Materials Transportation
Chapter 8.9, Common Violations, discusses:
- No copy of U.S. DOT hazardous material registration number
- Package not secured in vehicle
- No shipping papers, carrier
- Shipping paper accessibility
- Vehicle not placarded as required
- No required placards or markings
- Placard damaged, deteriorated, or obscured
- Prohibited placarding
- Offer or transport without emergency response information
- Maintenance/accessibility of emergency response information
Click here for the .pdf with the complete list of common violations discussed in Chapter 8.9.
Final Thoughts
Commercial drivers transporting hazardous materials in CA must know and obey CA and Federal transport laws.
Even something as insignificant to most drivers, like not having the right map, as defined by the CA Highway Patrol (CHP), or stopping for coffee in an unauthorized location could mean a misdemeanor hazardous material violation with extreme fines, three negligent operator treatment system (NOTS) points, and jail time or probation.
Therefore, a commercial driver charged with a hazardous material transportation violation must exercise their right to remain silent and consult a traffic attorney with trial experience.
Consult Bigger & Harman, APC, When You Face a Misdemeanor Hazardous Material Violation in Kern County
When transporting hazardous material and are pulled over, consider not making any statement to the law enforcement officer (LEO). If you make a statement, the LEO could be wearing a body cam, and your statement could be recorded, making it more difficult for an attorney to get you a fair trial.
Call us at (661) 349-9300. Likewise, you can use the convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The Motor Carrier Safety Planner Chapter 8 — Hazardous Materials Transportation.
Cornell Law School LII WEX Definitions: Misdemeanor.
The DMV Portal CA Commercial Driver Handbook.
CFR Title 49, Hazardous Materials Regulations (HMR).