Relationship to Federal Regulations - California

California has incorporated by reference portions of the federal Hazardous Materials Regulations (HMR), Title 49, Code of Federal Regulations (CFR), Parts 107, 171 – 180, and 393 relating to rear end protection for tank vehicles as referenced in Title 49, CFR, Part 178, in effect since October 1, 1999. Parts 174 and 179 will apply only as referenced within Parts 173, 177, and 178. These regulations apply to any truck, or any combination of a truck and another vehicle, transporting hazardous materials — both interstate and intrastate.

Additionally, carriers, drivers, and vehicles engaged in the transportation of hazardous substances or hazardous wastes are subject to the following Federal Motor Carrier Safety Regulations contained within Title 49, CFR: 392.16, 392.42, 392.60, 393.86, 393.93, 396.11, 396.13, 396.17, 397.17, 397.19, and 397.67, as they existed on October 1, 1997.

Title 13 of the California Code of Regulations (CCR) states that carriers transporting hazardous materials not subject to federal jurisdiction — per 49 CFR Part 171 — are subject to the regulations published on October 1, 1999. Carriers transporting hazardous materials subject to federal jurisdiction — per 49 CFR Part 171 — are subject to the regulations published on October 1, 2013.

The California Division of Occupational Safety and Health (Cal/OSHA) has regulations for the transportation of liquefied petroleum gas (LPG) in any pressure vessel. These regulations do not apply to pressure vessels of 125 gallons capacity or less, or portable tanks and/or cylinders used, inspected and maintained in accordance with Department of Transportation (DOT) regulations. Also, except for packaging requirements for cargo tanks, all the Highway Patrol hazardous materials regulations apply.

The California Highway Patrol primarily regulates the transportation of hazardous materials within the state. In addition to the California Highway Patrol's regulations, the California Department of Toxic Substances Control (DTSC) has regulations for the transportation of radioactive materials and hazardous wastes.