California § 34505.6 - Upon determining that a motor carrier of property, as defined in Section 34601, e

§ 34505.6. Upon determining that a motor carrier of property, as defined in Section 34601, e

(a) Upon determining that a motor carrier of property, as defined in Section 34601, either is subject to paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory or unfit rating by the United States Secretary of Transportation, the department shall recommend that the Department of Motor Vehicles suspend or revoke the carrier’s motor carrier permit, or, for interstate operators, the department shall recommend to the Federal Motor Carrier Safety Administration that appropriate administrative action be taken against the carrier. (1) The motor carrier of property has failed to maintain any vehicle of a type described above in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes a consistent failure so as to justify a recommendation to the Department of Motor Vehicles. (2) The motor carrier of property has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (b) Upon determining that a household mover, or a household mover transporting used office, store, or institution furniture and fixtures under its household mover permit issued under Section 19241 of the Business and Professions Code, either is subject to paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory or unfit rating by the United States Secretary of Transportation, the department shall recommend that the Department of Consumer Affairs deny, suspend, or revoke the carrier’s household mover permit, or, for interstate operators, the department shall recommend to the Federal Motor Carrier Safety Administration that appropriate administrative action be taken against the household mover. (1) The motor carrier of property has failed to maintain any vehicle of the carrier in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes a consistent failure so as to justify a recommendation to the Department of Consumer Affairs. (2) The motor carrier of property has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (c) For purposes of this section, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the motor carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for the nonpayment of required fees is a consistent failure. The department shall retain a record, by operator, of every recommendation made pursuant to this section. (d) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: (1) That the department has determined that the carrier’s safety record or compliance with Section 1808.1 is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension, revocation, or denial of the carrier’s motor carrier permit by the Department of Motor Vehicles, suspension, revocation, or denial of the carrier’s household mover permit suspended, revoked, or denied, by the Department of Consumer Affairs, or administrative action by the Federal Motor Carrier Safety Administration. (3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a) or (b). (e) Upon receipt of a written recommendation from the department that a motor carrier permit or household mover permit be suspended, revoked, or denied, the Department of Motor Vehicles or Department of Consumer Affairs, as appropriate, shall, pending a hearing in the matter pursuant to Section 34623 or appropriate Department of Consumer Affairs authority, suspend the motor carrier permit or household mover permit. The written recommendation shall specifically indicate compliance with subdivision (d).