2007 California Vehicle Code Article 4. Employer Responsibilities

CA Codes (veh:15240-15242)


SECTION 15240-15242

15240.  No employer shall knowingly allow, permit, require, or
authorize a driver to drive a commercial motor vehicle under any of
the following conditions:
   (a) The driver has a driver's license or privilege suspended,
revoked, or canceled by any state or has been disqualified from
operating a commercial motor vehicle.
   (b) The driver has more than one driver's license.
   (c) The driver or the commercial motor vehicle or motor carrier
operation is subject to an out-of-service order as described in
subdivision (b) of Section 2800.
   (d) In violation of any law or regulation pertaining to a
railroad-highway grade crossing.

15242.  (a) A person who is self-employed as a commercial motor
vehicle driver shall comply with both the requirements of this
chapter pertaining to employers and those pertaining to employees.
   (b) Notwithstanding subdivision (a), a motor carrier that engages
a person who owns, leases, or otherwise operates not more than one
motor vehicle listed in Section 34500 to provide transportation
services under the direction and control of that motor carrier is
responsible for the compliance of that person with this chapter and
for purposes of the regulations adopted by the department pursuant to
Section 34501 during the period of that direction and control.
   (c) For the purposes of subdivision (b), "direction and control"
means either of the following:
   (1) The person is operating under the motor carrier's interstate
operating authority issued by the United States Department of
   (2) The person is operating under a subcontract with the motor
carrier that requires the person to operate in intrastate commerce
and the person has performed transportation services for a minimum of
60 calendar days within the past 90 calendar days for the motor
carrier and has been on duty for that carrier for no less than 36
hours within any week in which transportation services were provided.

   (d) Subdivision (b) shall not be construed to change the
definition of "employer," "employee," or "independent contractor" for
any purpose.

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