motor carrier safety - california highway patrol · pdf fileany commercial motor vehicle as...
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Motor Carrier Safety
Improvement Act of 1996
The Federal Aviation Administration Authorization Act of 1994
preempted states from enacting or enforcing laws related to
rates, routes, and services of motor carriers transporting
property.
Does not affect the states ability to regulate household goods
carriers or motor carriers of property on issues related to
safety and financial responsibility.
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AB 1683
Effective September 29, 1996
• Transferred the authority for the regulation of safety with
respect to motor carriers of property, with the exception of
household goods carriers, from the Public Utilities
Commission (PUC) to DMV and CHP.
• AB 1518 clarified portions of the Motor Carrier Safety
Improvement Act of 1996 which became effective
January 1, 1998.
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MCP Quick Facts
• MCP is issued and administered by DMV and enforced by
CHP
• 16 dedicated mobile road enforcement officers
• 1997/1998 was the transition period
• Motor carriers of property were required to obtain a permit
by December 31, 1998
• MCP is a permit to operate, not an authority to operate
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Motor Carrier of Property -
Defined • Section 34601 of the California Vehicle Code (CVC) defines
a motor carrier of property as “any person who operates
any commercial motor vehicle as defined in 34601(c)”
• PRIVATE and FOR-HIRE carriers using vehicles to
transport property are regulated
CMV- Section 34601(c) CVC
Any self propelled vehicle listed in
Section 34500(a), (b), (f), (g), & (k) CVC.
Section 34500(a) CVC - Motor
trucks of 3 or more axles with a
GVWR of more than 10,000
pounds.
Section 34500(b) CVC -Truck
tractors
Section 34500(f) CVC - A combination of a motor truck and a
vehicle(s) set forth in subdivision (e) (trailer, semi trailer, pole
or pipe dolly) that exceeds 40 feet in length when coupled
together
. Section 34500(g) CVC - Vehicles or combinations
transporting Hazmat
• Section 34500(k) CVC - A commercial motor vehicle with a
GVWR of 26,001 pounds or more or a CMV of any GVWR
towing a vehicle with a GVWR of 10,001 pounds or more (Not
camp trailers, trailer coaches, or utility trailers)
• CMV has the same meaning as the CMV definition in
Section 15210 CVC. A vehicle requiring a class A, B, or C
driver license with an HM endorsement.
Section 34500(k) CVC (continued)
Any motor truck over 10,000 GVWR or any motor vehicle
used to transport property for compensation
Common MCP Exemptions
• Pickup trucks when NOT used for compensation
• Combinations exceeding 40 feet IF the power unit GVWR is under 10,000 pounds
• Non-commercial 2-axle daily rental trucks, GVWR under 26,001 pounds
Common MCP Exemptions (continued)
• Motor trucks or 2-axle truck tractors with GVWR under
26,001 pounds when used solely to tow a camp trailer,
trailer coach, fifth-wheel travel trailer, or utility trailer
• PUC Household goods carrier
-Household Goods carrier with used furniture
• Buses
• Any vehicle exempt from vehicle registration fees
How Does A Carrier Get MCP
• Obtain a valid CA Number
-Submit CHP 362, Carrier Profile
-http://www.chp.ca.gov/publications/index.html
• Submit DMV 706, MCP Application
-www.dmv.ca.gov/vehindustry/mcp/mcpinfo.html
-Call insurance carrier to submit certificate (DMV 65)
MCP
• Interstate carriers are NOT required to obtain a MCP
Permit, unless they also perform intrastate transportation
• Permit Fees
-For-hire
-Private
• Interstate and foreign motor carriers of property - the
permit fees shall be apportioned based on the
percentage of fleet miles traveled in California in
intrastate commerce
Interstate Carriers
Enforcement
• Warning Notice Letter to carrier
• CHP 407F – Driver/Vehicle Examination Report: CSA
• CHP 281 – Notice To Correct Violation: No fine, no fees,
no points, no penalties
• CHP 215 – Notice To Appear: Fine, fees, court, etc
• Impound
Enforcement (continued)
• An officer may impound the carrier’s vehicle(s),
pursuant to Section 34660(d) CVC (CHP personnel
only)
• The carrier’s MCP has been suspended for history of
non-compliance
Enforcement (continued)
• Impounded vehicles may only be released after the carrier
submits the following:
- Valid registration
- Valid driver license appropriate for the vehicle
- Certificate documentation or proof of compliance with
MCP
Enforcement (continued)
• Section 34507.5(a) CVC – Dismissible Infraction:
Motor Carrier shall obtain CA # – Interstate/Intrastate
• Section 34507.5(b) CVC – Dismissible Infraction:
Motor Carrier – failure to display CA # – Intrastate only
• DOT # ??
Enforcement (continued)
• Section 34620(a) CVC – Misdemeanor: Motor Carrier-
operating on highway without MCP permit – Intrastate only
• Section 34660(a) CVC – Misdemeanor: Motor Carrier of
Property continue to operate on highway after permit
suspended – Intrastate only
• Section 34660(d) CVC – (Impound section) – Intrastate only
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The MCP Application Contains
• Business Type
• Carrier Identification
• DBA and Trade Names
• Principal Place of Business
• Transportation Activities
• Other Identification Numbers (i.e., ICC, DOT, IFTA)
• BIT and CSAT applicability
• Employer Pull Notice on commercial drivers
• Employee Classification and Salary
• Workers’ Compensation
• Certificate of Valid Insurance
• Power Unit List
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Crossover between MCP carriers
versus CAL-T carriers
• Used office, store, and institution furniture and fixtures, which before was under the exclusive domain of the PUC
• A carrier with a household goods carrier permit can transport used office, store, and institution furniture and fixtures, without a MCP
• This exempts the carrier from the pricing and service rules which continue to apply to the transportation of used household goods
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MCP Warning Letter
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General Highway Enforcement
• Motor carriers who have a valid MCP are not required to
present proof of insurance, as this is an element of the
MCP
• There is NO cab document requirement for MCP
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MCP Status
• Carrier’s permit status can be determined by contacting
the DMV:
- (916) 657-8153, 0800 – 1700 hours, Monday-Friday
- www.dmv.ca.gov
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MCP Permit
MCP Suspension
A MCP may be suspended when any of the following
actions/activities occur:
- Failure to pass BIT inspection by the CHP
- Failure to comply with CSAT requirements of federal law
(Section 34520 CVC)
- Failure to make copies of CSAT results and other records
available to CHP as required by Section 34520(b) CVC
MCP Suspension (continued)
- Knowingly leasing, operating, dispatching, or otherwise
utilizing vehicles from a carrier whose motor carrier permit
is suspended, when the suspension is based wholly or in
part on the failure of the motor carrier to maintain any
vehicle in safe operating condition
- Failure to be enrolled in the EPN program
- Suspension and/or revocation of an owner-operator’s driver
license
- Failure to maintain liability and/or worker's compensation
insurance
Continued Operation with no
MCP • Misdemeanor crime punishable by a fine of up to $2,500, or
by imprisonment in the county jail for not more than three
months, or both
• CHP may also confiscate and impound your vehicles
• Effective January 1, 2016, penalties may also be assessed
when applying for an MCP (R&TC Section 7236)
MCP Fees FLEET SIZE FOR HIRE PRIVATE
BASE FEES** CIF TOTAL BASE
FEES**
CIF TOTAL
1 $120 $130 $250 $35 $130 $165
2-4 $200 $152 $352 $35 $152 $187
5-10 $475 $252 $727 $35 $252 $287
11-20 $710 $573 $1,283 $240 $573 $813
21-35 $975 $743 $1,718 $325 $743 $1,068
36-50 $1,310 $961 $2,271 $430 $961 $1,391
51-100 $1,610 $1,112 $2,722 $535 $1,112 $1,647
101-200 $1,935 $1,463 $3,398 $635 $1,463 $2,098
201-500 $2,240 $1,512 $3,752 $730 $1,512 $2,242
501-1000 $2,545 $1,600 $4,145 $830 $1,600 $2,430
1001-2000 $2,830 $1,800 $4,630 $930 $1,800 $2,730
2001 & Above $3,030 $2,114 $5,144 $1,030 $2,114 $3,144
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Questions?