padlock on hazmat load?

rachi · Jan 25, 2012

California law states you must have a padlock on a hazmat load, but is there a federal requirement? I rolled thru the scales on i-15 in the cajon pass going north when they pulled me around back, the officer told me the reason was because of no padlock on the trailer. The load had placards. Told me it was a california law, and the fine was $2000.00 but received a warning instead of citation. If this is a federal law then I now have some csa points. I did some research but couldn't find it. Anybody know?

07-379Pete · Jan 25, 2012

rachi said: ↑

California law states you must have a padlock on a hazmat load, but is there a federal requirement? I rolled thru the scales on i-15 in the cajon pass going north when they pulled me around back, the officer told me the reason was because of no padlock on the trailer. The load had placards. Told me it was a california law, and the fine was $2000.00 but received a warning instead of citation. If this is a federal law then I now have some csa points. I did some research but couldn't find it. Anybody know?
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Must be some kinda of stupid California law. You should have asked him were the correct placement of a padlock would be on a flatbed with a hazmat load.
And drivers DONT have CSA points, only the carrier you work for get "points" for the tickets or bad insp. you get.

wichris · Jan 25, 2012

So what was the violation code?
No inspection,no points.
And yes a driver does have CSA points.

rachi · Jan 25, 2012

The calif violation code is 32001 c5a v2 (required padlock) First offense no less then $2000.00, second offense no less then $4000.00. (hazmat loads)

07-379Pete · Jan 25, 2012

wichris said: ↑

And yes a driver does have CSA points.
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Really? Show me where there at? Your PSP report shows your Insp for the last 3 years and the violation's, if any. So tell me where I can see my "points".

wichris · Jan 25, 2012

Look up the VSW in CSA and it will give you the points.

07-379Pete · Jan 25, 2012

rachi said: ↑

The calif violation code is 32001 c5a v2 (required padlock) First offense no less then $2000.00, second offense no less then $4000.00. (hazmat loads)
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Its a goofy California law.

V C Section 32001 Inspection of Containers Requirements for Transporting

Inspection of Containers: Requirements for Transporting

32001. (a) (1) Any authorized employee of the department may inspect any sealed or unsealed vehicle, container, or shipment subject to this division in maintenance facilities, terminals, or other public or private property to ascertain the quantity and kind of hazardous material and to ensure compliance with the provisions of this code and regulations adopted pursuant to this code.
(2) If a seal is opened for inspection, the department shall reseal any vehicle, container, or shipment prior to further transportation.
(b) Unless specifically stated, nothing contained in this division shall be deemed to exempt any vehicle transporting a hazardous material subject to this division or the operator or any other person from other provisions of this code.
(c) No motor carrier shall direct the transportation of any shipment of a hazardous material in any vehicle unless all of the following are complied with:
(1) The vehicle is equipped as required by this code and applicable regulations adopted pursuant to law.
(2) The shipment complies with laws and regulations pertaining to the shipment or transportation of hazardous material.
(3) The motor carrier holds a valid license for the transportation of hazardous materials.
(4) (A) A vehicle or combination of vehicles required to display placards pursuant to Section 27903 is equipped with a two-way communication device, maintained in good working order, that enables the driver to contact the personnel responsible for the safety operations of the motor carrier in the event of an emergency.
(B) For the purposes of this section, "two-way communication device" means a radio, cellular telephone, or other similar device that permits communication between the driver and personnel responsible for the safety operations of the motor carrier.
(5) (A) The enclosed cargo body, when the display of placards is required pursuant to Section 27903, shall be locked and remain locked during transit of the hazardous materials so as to prevent any unauthorized entry and shall be opened only during loading, unloading, or at the direction of a peace officer, an authorized employee of the department, or a person authorized pursuant to Section 25185 of the Health and Safety Code.
(B) A driver transporting hazardous material in a locked cargo body shall verify that all locks are in place if the vehicle has been left unattended for any length of time. Each driver shall make a notation in his or her log book of the time and date that the verification occurred.
(C) For the purposes of this section, "cargo body" means a fully enclosed area that is an integral part of the vehicle and designed to encapsulate the entire load, such as a van body or an intermodal freight container, and does not mean a tank or flatbed type of vehicle.
(d) The commissioner may issue exemptions from the provisions of this section.
(e) Nothing in this section shall limit the ability of other state or local agencies to carry out their regulatory, enforcement, or emergency response duties under other provisions of law.

Amended Sec. 4, Ch. 610, Stats. 2002. Effective January 1, 2003.
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http://www.dmv.ca.gov/pubs/vctop/d14_1/vc32001.htm

wichris · Jan 25, 2012

California civil code. Nothing in FMCSA requiring it. In 2003(maybe?)there was a TSA directive to require all trailers/tractors/cmv to be locked when not in attendence. If i remember right fedex was one that added locks to the delivery vehicles. There never was(as far as i can tell)any idea of who was supposed to enforce this .

wichris · Jan 25, 2012

If you want to figure your point go to FMCSA and then SMS Methodology. Download and stating on pages a-3 are about 60 pages of the VSW. You need the last 30 months of inspections.
Sorry i don't know how to do a link. We downloaded ours in 2009.

07-379Pete · Jan 25, 2012

wichris said: ↑

Look up the VSW in CSA and it will give you the points.
Click to expand...

Points are NOT assigned to the driver, only to the carrier your working for. Your CSA"safety record" does not contain "points" like your drivers license. Its a vary misconception that drivers also get points.

Why is there no driver rating? Why aren't drivers more accountable?
A. While the Federal Motor Carrier Safety Administration (FMCSA) does not use the Safety Measurement System (SMS) or any other system to assign formal safety ratings to individual drivers, the agency recognizes that holding drivers accountable for safe driving behavior is an important part of the safety compliance and enforcement process. Safety Investigators (SIs) always systematically investigate drivers with egregious violations when investigating a motor carrier. Additionally, SIs use the Driver Safety Measurement System, an internal safety assessment tool, to review drivers with strong patterns of noncompliance. Any violations that are not corrected may result in a Notice of Violation or Notice of Claim for the driver.
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