2007 California Vehicle Code Chapter 1. General Provisions And Definitions

CA Codes (veh:34600-34606)

34600.  This division shall be known and may be cited as the Motor
Carriers of Property Permit Act.



34601.  (a) As used in this division, "motor carrier of property"
means any person who operates any commercial motor vehicle as defined
in subdivision (c).  "Motor carrier of property" does not include a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, a household goods carrier transporting used office,
store, and institution furniture and fixtures under its household
goods carrier permit pursuant to Section 5137 of the Public Utilities
Code, persons providing only transportation of passengers, or a
passenger stage corporation transporting baggage and express upon a
passenger vehicle incidental to the transportation of passengers.
   (b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
   (c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means any self-propelled vehicle
listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500,
any motor truck of two or more axles that is more than 10,000 pounds
gross vehicle weight rating, and any other motor vehicle used to
transport property for compensation.
   (2) As used in this division, "commercial motor vehicle" does not
include  any of the following:
   (A) Vehicles identified in subdivision (f) of Section 34500, if
the gross vehicle weight rating of the towing vehicle is 10,000
pounds or less.
   (B) Vehicles identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display of
placards under Section 27903, a license under Section 32000.5, or a
hazardous waste transporter registration under Section 25163 of the
Health and Safety Code, and the vehicle is not operated in commercial
use.
   (C) Vehicles operated by a household goods  carrier, as defined in
Section 5109 of the Public Utilities Code, under the household goods
carrier permit pursuant to Section 5137 of that code.
   (D) Vehicles operated by a household goods carrier to transport
used office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code.
   (E) Pickup trucks as defined in Section 471, if the conditions in
subparagraphs (A) and (B) are also met.
   (F) Two-axle daily rental trucks with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.
   (G) Motor trucks or two-axle truck  tractors, with a gross vehicle
weight rating of less than 26,001 pounds, when used solely to tow a
camp trailer, trailer coach, fifth-wheel travel trailer, or utility
trailer.  Vehicle combinations described in this subparagraph are not
subject to Section 27900, 34501.12, or 34507.5.
   (d) For purposes of this chapter, "private carrier" means a motor
carrier of property,  who transports only his or her own property,
including, but not limited to, the delivery of goods sold by that
carrier.


34602.  As used in this division, "fund" means the Motor  Vehicle
Account in the State Transportation Fund.



34603.  The Department of the California Highway Patrol, the Public
Utilities Commission, and the State Board of Equalization shall
furnish, upon request, whatever information from their records may be
required to assist the department in the effective development and
enforcement of this division.



34604.  The department may adopt reasonable rules and regulations
necessary to administer this division.  The department may also adopt
rules and regulations necessary to administer civil sanction
proceedings and impose fines for failure to comply with Division 14.8
(commencing with Section 34500), or this division, or regulations
adopted pursuant to this code.



34605.  (a) The department may contract with the Office of
Administrative Hearings to administer proceedings and impose fines
for failure to comply with Division 14.8 (commencing with Section
34500), or this division, or regulations adopted pursuant to this
code.
   (b) The department and the California Highway Patrol may also
contract with the Public Utilities Commission to administer this
division in a manner described by the contract, or if permitted by
the Department of Motor Vehicles, in a manner as existed on January
1, 1996.  This temporary authority shall be terminated on December
31, 1997.
   (c) All fees collected under this contract shall be deposited in
the Motor  Vehicle Account in the State Transportation Fund.




34606.  The fee schedule set forth in Section 7236 of the Revenue
and Taxation Code shall be reviewed by the Department of Motor
Vehicles and may be lowered should revenue exceed the costs of the
Department of Motor Vehicles and the California Highway Patrol to
administer and enforce the provisions of this division.  The
department shall also adjust the uniform business license tax fee by
the amounts as are necessary to produce an annual revenue that shall
not exceed the amount collected under Section 4304 of the Public
Utilities Code as it existed on June 30, 1996, for the period
beginning on July 1, 1995, and ending on June 30, 1996.