2005 California Vehicle Code Sections 33000-33002 DIVISION 14.5. TRANSPORTATION OF RADIOACTIVE MATERIALS

VEHICLE CODE
SECTION 33000-33002

33000.  Subject to the provisions of Section 114765 of the Health
and Safety Code, the Department of the California Highway Patrol,
after consulting with the State Department of Health Services, shall
adopt regulations specifying the time that shipments may occur and
the routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as are defined in regulations of the
State Department of Health Services.
33002.  (a) Prior to the transport of any hazardous radioactive
materials containing cargoes of commercially produced, spent
radioactive fuel outside the confines of a facility where that
material was used or stored, or prior to the delivery of these
materials to a carrier for transport, each carrier shall provide
advance notification, in writing, of the shipment to the Department
of the California Highway Patrol, which, in turn, shall notify  all
of the following persons:
   (1) The fire chiefs of each city and county fire department and
the fire chiefs of each fire protection district serving a population
greater than 15,000, which city, county, or fire protection district
is located along the proposed route.  The Department of the
California Highway Patrol, however, shall notify only those fire
chiefs who have requested, in writing, to be so notified.  A fire
chief may revoke this request, in writing, at any time.
   This paragraph does not apply to any fire chief of a fire
department or fire protection district that is composed of 50 percent
or more volunteer firefighters.
   (2) The police chiefs of each city where surface transportation
would occur along the proposed route.
   (b) Subdivision (a) applies only to the extent that it does not
conflict with federal law.
   (c) Each advance notification shall contain the following
information:
   (1) The name, address, and telephone number of the shipper,
carrier, and receiver of the shipment.
   (2) If the shipment originates within California, the point of
origin of the shipment and the 48-hour period during which departure
of the shipment is estimated to occur, the destination of the
shipment within California, and the 48-hour period during which the
shipment is estimated to arrive.
   (3) If the shipment originates outside of California, the point of
origin of the shipment and the 48-hour period during which the
shipment is estimated to arrive at state boundaries, the destination
of the shipment within California, and the 48-hour period during
which the shipment is estimated to arrive.
   (4) A telephone number and address for current shipment
information.
   (d) The Department of the California Highway Patrol shall design a
standard notification form to include all of the information
specified in subdivision (c) and shall make these forms available by
April 1, 1984.
   (e) The notification is required to reach the Department of the
California Highway Patrol at least 72 hours before the beginning of
the 48-hour period during which departure of the shipment is
estimated to occur, and the Department of the California Highway
Patrol shall notify the fire chiefs who have requested notification
and the police chiefs specified in subdivision (a) at least 36 hours
before the beginning of this 48-hour period.  A copy of the
notification shall be retained by the Department of the California
Highway Patrol for three years.
   (f) The carrier shall also notify, by telephone or telegram, the
Department of the California Highway Patrol if there are any changes
in the scheduling of a shipment, in the routes to be used for a
shipment, or any cancellation of a shipment.  The Department of the
California Highway Patrol shall, in turn, notify the fire chiefs who
have requested notification and the police chiefs specified in
subdivision (a) who would be affected by these changes in the
scheduling of a shipment, in the routes to be used for a shipment, or
the cancellation of a shipment.  The Department of the California
Highway Patrol shall maintain for three years a record of each
telegram and telephonic notification.
   (g) Any person or agency that receives any information pursuant to
this section shall not disseminate or reveal this information to any
other person, state agency, city, county, or local agency unless the
person or agency determines that disseminating or revealing this
information is necessary to protect the public health and safety or
the environment.
   (h) The Governor shall appoint the fire chiefs eligible to request
notification, as specified in paragraph (1) of subdivision (a), as
the designated representatives of the Governor pursuant to paragraph
(1) of subsection (c) of Section 73.21 of Title 10 of the Code of
Federal Regulations for the purpose of receiving information
classified as safeguards information pursuant to Part 73 of Title 10
of the Code of Federal Regulations.
   (i) Any carrier who violates this section, in addition to any
penalty provided by law, is subject to a civil penalty of not more
than five hundred dollars ($500) for each violation.  For purposes of
this section, each day of a continuing violation is a separate and
distinct violation.
   When establishing the amount of civil liability pursuant to this
subdivision, the court shall consider, in addition to other relevant
circumstances, the following:
   (1) The extent of the harm caused by the violation.
   (2) The persistence of the violation.
   (3) The number of prior violations by the same violator.
   (4) The deterrent value of the penalty based on the financial
resources of the violator.


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