1. (a) Applicability. Unless otherwise indicated within a specific section, the provisions of this chapter shall apply to farm labor vehicles and the vehicles listed in Vehicle Code Section 34500 and their operation.
2. (b) Incorporation by Reference. Motor carriers and drivers engaged in interstate and intrastate commerce shall comply with the federal Protection Against Shifting and Falling Cargo regulations contained in Title 49, Code of Federal Regulations, Part 393, as those regulations now exist or are hereafter amended.

3. (c) Referenced Regulations. Copies of Title 49 CFR, can be obtained from:

   SUPERINTENDENT OF DOCUMENTS

   U.S. GOVERNMENT PRINTING OFFICE

   PO BOX 371954

   PITTSBURGH, PA 15250-7954

4. (202) 512-1800

   Internet Purchases: http//www.access.gpo.gov/su_docs/sale.html

5. (d) Limited application.

   1. (1) This chapter does not apply to the transportation of a pole on a pole dolly by a public utility company or a local public agency engaged in the business of supplying electricity or telephone service, by the Department of Transportation, or by a licensed contractor in the performance of work for a public utility company, a local agency, or the Department of Transportation, when the transportation is between storage yards or between a storage yard and job location where the pole is to be used. However, no more than nine poles shall be transported on a dolly if any of those poles exceeds a length of 30 feet. If poles 30 feet or less are transported by a pole or pipe dolly, no more than 18 poles shall be transported. A pole shall be adequately secured when being transported on a dolly, to prevent shifting or spilling of a load.
   2. (2) This chapter does not apply to a farmer transporting his or her own hay or straw, incidental to his or her farming operation, if that transportation requires that the farmer use a highway, except that this subdivision does not relieve the farmer from loading and securing the hay or straw in a safe manner.

6. (e) Exemptions. The Commissioner may grant exemptions from any of the requirements of this chapter when, in his judgment, requests appear reasonable, or the results intended by these regulations can be accomplished by alternate methods of compliance. However, no exemption will be granted if, in the opinion of the Commissioner, the exemption would compromise the safety requirements of these regulations. In addition, any exemption granted by the Commissioner is nontransferable and may be rescinded at any time for cause.

   1. (1) Application for Exemption. An application for exemption shall be made in writing to the Commissioner, and it shall include the following data:

      Reason for requesting an exemption

      Alternate method(s) of compliance

      When relevant, the make and model, vehicle identification number, and license number of the vehicle for which the exemption is being requested

      The application shall be mailed to:

      CALIFORNIA HIGHWAY PATROL

      ENFORCEMENT SERVICES DIVISION

      POST OFFICE BOX 942898

      SACRAMENTO, CA 94298-0001

   2. (2) Copy of Exemption. A copy of any exemption granted shall be carried in the vehicle(s) for which it was issued at all times, unless specified otherwise in the exemption, and shall be presented for inspection upon demand by any authorized representative of the Department.
   3. (3) Blanket Exemptions. The provisions of this subsection do not apply to any blanket exemptions the Commissioner may elect to issue. A blanket exemption is an exemption from a particular provision of this chapter granted to all vehicles, or vehicles manufactured on or after a specified date, pending a change in these regulations.

Note: Authority cited: Sections 2402 and 34500.3, Vehicle Code. Reference: Sections 15210, 34500 and 34500.3, Vehicle Code.

History

1. Repealer and new Article 1 ( §§ 1300 through 1303) filed 12-30-69; designated effective 2-2-70 (Register 70, No. 1). For prior history, see Register 67, No. 44.

2. Renumbering of former Article 1 ( §§ 1300 through 1303) to Article 8 (§§ 1370 through 1373) and new Article 1 ( §§ 1300 through 1305) filed 10-19-73; designated effective 12-1-73 (Register 73, No. 42).

3. Amendment filed 10-22-74; effective thirtieth day thereafter (Register 74, No. 43).

4. Editorial correction of Section and Note (Register 82, No. 2).

5. Repealer and new chapter heading, article heading and section filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency language will be repealed by operation of law on the following day.

6. Repealer and new chapter heading, article heading and section refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-2007 or emergency language will be repealed by operation of law on the following day.

7. Repealer and new chapter heading, article heading and section refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 8-22-2007 order, including amendment of section and Note, transmitted to OAL 12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).