26 CA ADC § 13-1160.1
26 CCR s 13-1160.1
Cal. Admin. Code tit. 26, s 13-1160.1
CALIFORNIA CODE OF REGULATIONS
TITLE 26. TOXICS
DIVISION 6. CALIFORNIA HIGHWAY PATROL (TITLE 13)
This database is current through 05/05/06, Register 2006, No. 18.
s 13-1160.1. Exceptions and Special Applications.
(a) Application to Shippers. Shippers are subject to all provisions of
this article except Sections 1160.4(g), 1162.1, 1166 and 1167, and are
subject to Section 1164 only when loading or directing the loading of any
vehicle.
(b) Application to Non-commercial Transportation. Except for subsection
(d), the exceptions contained in this section shall only apply to the
transportation of hazardous materials by carriers when not directly
subject to federal jurisdiction pursuant to 49 CFR Part 171 (i.e.,
transporting hazardous materials in intrastate, interstate or foreign
commerce [transported for a fee or used for commercial purposes]).
(c) Alternative Exceptions for Non-commercial Carriers. Private carriers
transporting hazardous materials for non-commercial purposes (i.e.,
transporting hazardous materials for personal use or by a federal, state
or local government agency) may utilize the exceptions contained in
subsections (e) through (m) of this section or the exceptions contained in
either 49 CFR 173.6 or 49 CFR 173.8(c), but not both the exceptions in
subdivisions (e) through (m) and the referenced 49 CFR exceptions at one
time on the same vehicle or combination of vehicles.
(d) Liquefied Petroleum Gas. Except as provided in Sections 1160.4(g),
1160.5, 1161, 1161.3, 1161.6, 1161.7, 1162, 1163(d), 1166, and 1167, this
article shall not apply to the transportation of liquefied petroleum gas
in cargo tanks subject to regulations of the Division of Occupational
Safety and Health, Department of Industrial Relations contained in Title
8, California Code of Regulations, Chapter 4, Subchapter 1 (Unfired
Pressure Vessel Safety Orders), but it shall apply to liquefied petroleum
gas transported in cylinders and portable tanks.
(e) Incidentally Transported Materials. This article shall not apply to
the transportation of the following:
(1) Batteries in vehicle or auxiliary equipment ignition or lighting
systems.
(2) Flammable compressed gases or flammable and/or combustible liquids
used exclusively in vehicle or auxiliary equipment fuel, heating,
refrigeration, or cooking systems.
(3) Batteries, compressed air in cylinders or tanks not exceeding 200 psi,
inflated tires or less than 10 gallons of flammable liquid fuels on tow
trucks or similar roadside service or repair vehicles or otherwise
transported in private (not for-hire) carriage. Containers used to
transport flammable liquids under this subsection shall not exceed 5
gallons capacity each, and shall be constructed and maintained in
conformance with a nationally recognized fuel storage and dispensing
standard for the fuel being transported (e.g., U.S. Department of
Transportation (DOT), United Nations (UN), National Fire Protection
Association (NFPA), American National Standards Institute (ANSI), American
Society for Testing and Materials (ASTM), Underwriter Laboratories (UL),
Factory Mutual (FM), or U.S. Department of Defense (military)
specifications (U.S. Mil. Spec.).
(4) Highway fusees, and liquid-burning emergency flares and/or red
electric lanterns that conform to 49 CFR 393.95(f)(1), being transported
expressly for highway warning purposes or as authorized for use pursuant
to Vehicle Code Section 25301, unless otherwise prohibited by this
Division or the Vehicle Code. This exception does not apply to broken
fusees or fusees with missing protective caps.
(5) Fire extinguishers being transported expressly for in-transit
emergency fire suppression purposes.
(6) Flammable or combustible distillate fuels transported in a single
compartmentalized or noncompartmentalized metal cargo tank of 450 liters
(119 gallons) or less total volumetric capacity, or both flammable and
combustible distillate fuels transported in a single compartmentalized
metal cargo tank of 450 liters (119 gallons) or less total volumetric
capacity, by a private carrier and used to service other vehicles or
equipment. The tank shall be in compliance with 49 CFR 173.24(b), and the
tank, its components, and attached equipment must be secured to the
vehicle and protected from damage or leakage of the lading should the
vehicle overturn.
(f) Consumer Commodity Exception. The outside packaging and marking
exception contained in 49 CFR 173.156 for hazardous materials authorized
to be renamed "Consumer commodity" and reclassified ORM-D is extended to
transportation by a private carrier from either a distribution center or
retail outlet, or subsequent transportation for incidental use.
(g) Shipping Paper Exception. Section 1161, pertaining to shipping papers,
shall not apply to a private carrier transporting any one of the
following:
(1) Not more than 227 kilograms (500 pounds) aggregate gross weight
(including the packaging) of hazardous materials other than:
(A) Any materials listed in 49 CFR 172.504(a), Table I, or
(B) Any materials for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD,
ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label
is required, or
(C) Any materials which require a Uniform Hazardous Waste Manifest
pursuant to Section 25160 of the Health and Safety Code.
(2) Anhydrous ammonia in a single ydrous ammonia in a single cargo tank of
not more than 4,524 liters (1,200 gallons) capacity transported not more
than 30 miles from the filling point or in a trailer-mounted cargo tank in
compliance with Section 1163(f)(1) of this article.
(3) Not more than 1 cylinder each of argon, oxygen, carbon dioxide,
acetylene, helium, or nitrogen if the gross weight is less than 454
kilograms (1,001 pounds), provided containers and labeling comply with
Sections 1161.2 and 1163 of this article.
(h) Storage Tanks. Storage tanks used only for off-highway storage and
dispensing of flammable and/or combustible distillate fuels and which
contain only residue are excepted from specified provisions of this
article as indicated below, when transported in accordance with the
following:
(1) Except for subsection (d), Section 1163 shall not apply to portable or
stationary above ground storage tanks when in conformance with 49 CFR
173.24(b).
(2) Except for Section 1163(d), this article shall not apply to
underground storage tanks when prepared for shipment in accordance with
American Petroleum Institute Recommended Practice 1604, Second Edition,
December 1987. (This publication may be obtained from the American
Petroleum Institute, 1220 L Street, Northwest, Washington D.C. 20005.)
(3) For purposes of this subsection, "residue" means the material
remaining after the tank has been unloaded to the maximum extent
practicable via the normal discharge opening. In no event shall the tank
contain more than 454 liters (120 gallons) of any liquid.
(4) Storage tanks shall not be transported on the same vehicle with any
other hazardous materials.
(i) Traffic Paint Applicator. Traffic paint applicator systems containing
flammable paint are excepted from the provisions of Section 1163, except
subsection (d), when in conformance with 49 CFR 173.24(b).
(j) Mobile Meter Calibration Units. Mobile meter calibration units
containing flammable distillate fuel residue or liquefied petroleum gas
residue are excepted from the provisions of Section 1163, except
subsection (d), when in conformance with 49 CFR 173.24(b) and emptied to
the maximum extent practicable via the normal discharge opening.
(k) Self Contained Breathing Apparatus. Compressed air breathing apparatus
transported solely for in-transit emergencies or for the safety of persons
conducting loading or unloading operations are not subject to this
article, except Sections 1161.2, 1161.3 and 1163, when the compressed gas
cylinders are mounted or otherwise secured to the vehicle during transit
to prevent sliding, falling, tipping, rolling, or damage to the valving
should the vehicle overturn.
(l) Breathing Air Recharge Units. Air cylinders or tanks operating under a
Division of Occupational Safety and Health, Department of Industrial
Relations operating permit and used to fill/recharge breathing air
cylinders are not subject to Section 1163, except subsection (d), when in
conformance with 49 CFR 173.24(b).
(m) Emergency Response Information. Section 1161.6 shall only apply to
hazardous materials shipments for which the display of placards is
required and/or for which an INFECTIOUS SUBSTANCE, KEEP AWAY FROM FOOD,
ORGANIC PEROXIDE, SPONTANEOUSLY COMBUSTIBLE, POISON or RADIOACTIVE label
is required pursuant to this article; and to shipments that would have
otherwise been required to be placarded and/or labeled, notwithstanding
compliance with an applicable U.S. Department of Transportation placarding
and/or labeling exemption issued pursuant to 49 CFR Part 107, Subpart B.
Note: Authority cited: Section 34501, Vehicle Code. Reference: Section
34501, Vehicle Code.
HISTORY
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. New subsections (h) and (i) filed 1-20-78 as an emergency; effective
upon
filing (Register 78, No. 3).
3. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
4. Amendment of subsections (b), (c) and (d) filed 11-27-79; designated
effective 1-1-80 (Register 79, No. 48).
5. Amendment filed 7-8-81; effective thirtieth day thereafter (Register
81,
No. 28).
6. Amendment of subsection (e) filed 11-5-81; effective thirtieth day
thereafter (Register 81, No. 45).
7. Amendment of subsections (b), (d)(2) and (3) and (f)(1) filed 2-22-82;
effective thirtieth day thereafter (Register 82, No. 9).
8. Amendment of subsections (a)-(c) filed 7-27-82; effective thirtieth day
thereafter (Register 82, No. 31).
9. Amendment filed 6-22-83; effective thirtieth day thereafter (Register
83,
No. 26).
10. Amendment filed 9-7-84; effective thirtieth day thereafter (Register
84,
No. 36).
11. Editorial correction of subsection (d) (Register 84, No. 46).
12. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
13. Amendment of subsection (c)(2) and new subsections (g)-(i) filed
11-30-88;
operative 12-30-88 (Register 88, No. 51).
14. New subsection (j) filed 9-27-90; operative 10-27-90 (Register 90, No.
45).
15. Editorial correction of printing errors in subsections (e)(3) and
(i) (Register 92, No. 12).
16. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
17. New subsection (k) filed 7-31-95; operative 8-30-95 (Register 95, No.
31).
18. Amendment of subsections (b) and (c)(3), repealer of subsection
(e)(1)(C)
and subsection relettering filed 8-14-96; operative 9-13-96 (Register 96,
No. 33).
19. New subsections (b) and (c), subsection relettering, amendment of
newly
designated subsections (d)(3), and (i)-(m) and repealer of newly
designated
subsection ( l) filed 10-26-98 as an emergency; operative 11-25-98
(Register
98, No. 44).
20. Amendment of subsections (b), (e)(4)-(5), (f), (g)(1) and (m) filed
10-5-
99; operative 11-4-99 (Register 99, No. 41).
26 CA ADC s 13-1160.1
END OF DOCUMENT
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