§ 1201. Definitions.
13 CA ADC § 1201Barclays Official California Code of Regulations
13 CCR § 1201
§ 1201. Definitions.
The following terms are defined for purposes of this chapter:
(j) Driver-salesperson. Any employee who is employed solely as such by a private carrier of property by motor vehicle, who is engaged both in selling goods, services, or the use of goods, and in delivering by commercial motor vehicle the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which the driver reports for duty, who devotes not more than 50 percent of his/her hours on duty to driving time. The term “selling goods” for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts.
(1) For the purpose of this chapter, the phrase “in any amount sufficient to accommodate additional passengers,” contained in Vehicle Code Section 378(b), has the following meaning: the overall wheelbase of the vehicle measured from the vertical centerline of the foremost axle to the vertical centerline of the rearmost axle exceeds the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle by 13 inches or more, or when installed seating positions are increased by one or more.
(2) Specific indicia may be utilized by California Highway Patrol, California Public Utilities Commission, or other law enforcement agency personnel to make a determination whether a vehicle meets the definition referenced in Section (r). Specific indicia includes, but is not limited to, a review of the passenger seating capacity label, required to be displayed by Federal Motor Vehicle Safety Standard (FMVSS) 110. In the event the required label is missing or illegible, the display of a manufacturer label, required by the FMVSS indicating the vehicle was manufactured in two or more stages which includes the designated seating capacity, is the definitive indicator.
(3) In the event any or all required labels are missing or rendered illegible, articulable proof the vehicle may, in any manner, accommodate more passengers than the base model of the vehicle as advertised by the original equipment manufacturer, shall substantiate a determination the vehicle has been modified or extended to increase length in an amount sufficient to accommodate additional passengers. This articulable proof may include, but not be limited to, a determination made based on the number of installed seating positions or the installation of seat belts or shoulder restraints.
(s) Motor Carrier or Carrier. The registered owner, lessee, licensee, school district superintendent, or bailee of any vehicle who operates or directs the operations of any such vehicle on either a for-hire or not-for-hire basis. The terms “motor carrier” and “carrier” may be used interchangeably in this chapter.
(w) Pupil Transportation. The transportation of any pupil enrolled in a public or private school at or below the twelfth-grade level to or from school in a school bus, to or from a school activity in a school bus, PAB, or SPAB, from a school to a nonschool-related activity within 25 miles of the school in a youth bus, or the transportation of any student enrolled in a community college to or from the community college or a college activity, in a vehicle designated as a school bus by resolution of the governing board pursuant to Vehicle Code Section 545(g), and certified by the department.
(bb) Supporting Documents. Supporting documents are the records of a motor carrier which are maintained in the ordinary course of business which may be used to verify the information recorded on drivers' records of duty status. Examples are: bills of lading, carrier pros, freight bills, dispatch records, driver call-in records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, international registration plan receipts, international fuel tax agreement receipts, trip permits, port of entry receipts, cash advance receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, Commercial Vehicle Safety Alliance reports, accident reports, telephone billing statements, credit card receipts, driver fax reports, on-board computer reports, border crossing reports, custom declarations, traffic citations, overweight/oversize reports and citations, and/or other documents directly related to the motor carrier's operation, which are retained by the motor carrier in connection with the operation of its transportation business. Supporting documents may include other documents which the motor carrier maintains and which can be used to verify information on drivers' records of duty status.
(hh) Work Period. The duration between the time a driver first reports for duty and the time a driver is completely relieved of all duties and is permitted to go off duty for eight consecutive hours for bus drivers or ten consecutive hours for truck drivers. The terms “work period” and “tour of duty” have the same meaning.
Credits
Note: Authority cited: Sections 31401, 34501, 34501.5, 34508 and 34520, Vehicle Code; and Section 39831, Education Code. Reference: Sections 336, 378, 545, 546, 27375, 31401, 31614, 34501, 34501.2, 34501.5, 34508 and 34520, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 5-14-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment of subsection (k) filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
3. Amendment of subsection (j) filed 12-28-81; effective thirtieth day thereafter (Register 82, No. 1).
4. Amendment of subsections (p), (r) and (w) filed 6-9-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsections (a), (p) and (s), and new subsection (z) filed 10-28-82; effective thirtieth day thereafter (Register 82, No. 44).
6. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
7. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
8. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
9. Amendment of subsection (l) filed 12-5-88; operative 1-4-89 (Register 88, No. 51).
10. Amendment of subsection (k)(4) filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
11. Change without regulatory effect adding new subsections (a), (h), (i), (l), (m), (p), (q)(9), (v), (w), and (z), subsection relettering, and amendment of newly designated subsections (q)-(q)(8) filed 2-4-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
12. Editorial correction of printing error (Register 93, No. 12).
13. Change without regulatory effect amending subsection (g) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
14. Change without regulatory effect repealing subsection (t) and subsection relettering filed 4-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
15. New subsection (w), subsection relettering and amendment of Note filed 1-8-98; operative 2-7-98 (Register 98, No. 19).
16. Amendment of section and Note filed 10-24-2001; operative 11-23-2001 (Register 2001, No. 43).
17. Amendment of subsections (i), (n)-(o), (s) and (bb) filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
18. Amendment of subsection (ee) filed 4-13-2010; operative 5-13-2010 (Register 2010, No. 16).
19. Amendment of subsection (b), new subsections (c) and (u), subsection relettering and amendment of newly designated subsection (v) and Note filed 7-6-2011; operative 8-5-2011 (Register 2011, No. 27).
20. New subsections (r)-(r)(2), subsection relettering and amendment of Note filed 7-31-2017 as an emergency; operative 7-31-2017 (Register 2017, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2018 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-31-2017 order, including amendment of subsection (r) and new subsections (r)(1)-(3), transmitted to OAL 1-19-2018 and filed 2-27-2018; amendments operative 2-27-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
22. Amendment of subsections (b), (o) and (u)(4), new subsections (u)(4)(i)-(iii), amendment of subsections (u)(8) and (v) and amendment of Note filed 12-23-2019; operative 4-1-2020 (Register 2019, No. 52).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 1201, 13 CA ADC § 1201
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