§ 1233. Safety Compliance Ratings.
13 CA ADC § 1233Barclays Official California Code of Regulations
13 CCR § 1233
§ 1233. Safety Compliance Ratings.
(2) Unsatisfactory. An unsatisfactory rating means a continued disregard of statutory or regulatory requirements, a finding of numerous violations, a finding of serious violations that adversely affect the safe operation of vehicles, or a lack of compliance with hazardous materials shipping or carriage requirements.
(3) Conditional. A conditional rating means there was a previous rating of “unsatisfactory;” and the carrier, terminal, facility or shipper has been reinspected and compliance is no longer necessarily “unsatisfactory,” but that actual compliance cannot be determined. A follow-up inspection will be conducted to determine compliance.
(2) Motor carrier terminals and maintenance facilities. Motor carrier terminals and maintenance facilities are inspected by the Department pursuant to Vehicle Code Sections 34501(a)(4), 34501(c), and 34501.12(d) and assigned safety compliance ratings which reflect each terminal's overall compliance with the laws and regulations governing drivers' hours of service, vehicle condition, preventive maintenance practices, hazardous materials carriage, and records required by statute or regulation.
(A) Overall compliance with vehicle condition requirements and adequacy of preventive maintenance practices may be determined, in whole or in part, by considering vehicle inspections conducted at the terminal or by the use of Commercial Vehicle Safety Alliance North American Standard Level I or V vehicle safety inspections, conducted by any authorized personnel, within the immediately preceding 90 days.
(3) Hazardous materials shippers. Hazardous materials shippers are inspected by the Department and are assigned safety compliance ratings which reflect each shipper's overall compliance with laws and regulations governing the packaging, description, marking, labeling, offering and other requirements of the United States Department of Transportation governing the transportation of hazardous materials, including any exceptions contained in state law or regulation.
(d) Rating Review. Any motor carrier, or shipper who receives an unsatisfactory rating and believes the rating is not justified, may, within five calendar days following the assignment of the rating, request a review of the rating by contacting the Department at the telephone number indicated on the inspection report. The sole purpose of the rating review is to determine whether the inspection and its findings are consistent with laws, regulations, and Department policy in effect at the time of the inspection. A rating review is not for the purpose of evaluating any corrective actions taken by the carrier or shipper since the time of the inspection.
(e) Consistent Failure. For the purposes of initiating civil, criminal, or administrative action against any motor carrier, permit, operating authority, or license, and as used in Sections 34505.1, 34505.6, 34505.7, and 34623 of the Vehicle Code, a finding of consistent failure shall be made following the assignment of three or more consecutive unsatisfactory safety compliance ratings as the result of any inspection described in Subsection (b).
(f) Imminent Danger. For the purposes of initiating civil, criminal, or administrative action against any motor carrier, permit, operating authority, or license, and as used in Sections 34505.1, 34505.6, 34505.7, and 34623 of the Vehicle Code, a finding of imminent danger shall be made as the result of any inspection described in Subsection (b), under any of the following conditions:
(A) A driver performing a safety sensitive function or a motor carrier permitting a driver to perform a safety sensitive function following a test result of 0.04 blood alcohol concentration or greater, when the driver has used alcohol while on duty, or when the driver has used alcohol within four hours prior to going on duty.
Credits
Note: Authority cited: Sections 31401, 34501, 34501.5, 34508 and 34520, Vehicle Code. Reference: Sections 31401, 34501, 34501.5, 34505.1, 34505.6, 34505.7, 34508, 34520 and 34623, Vehicle Code.
History
1. New section filed 4-29-82; effective thirtieth day thereafter (Register 82, No. 18).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
3. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
4. Repealer and new section and amendment of Note filed 4-6-99; operative 5-6-99 (Register 99, No. 15).
5. Editorial correction of subsection (b)(3) (Register 99, No. 20).
6. Amendment of subsection (b)(2), new subsections (e)-(f)(5)(C), subsection relettering and amendment of Note filed 11-17-2011; operative 12-17-2011 (Register 2011, No. 46).
7. New subsection (b)(2)(A) filed 9-15-2014; operative 1-1-2015 (Register 2014, No. 38).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 1233, 13 CA ADC § 1233
End of Document |