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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?