California Vehicle Code 34640 – (a) A motor carrier permit shall not be granted to any motor …
(a) A motor carrier permit shall not be granted to any motor carrier of property until one of the following is filed with the department:
(1) A certificate of workers’ compensation coverage for its employees issued by an admitted insurer.
Terms Used In California Vehicle Code 34640
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- motor carrier of property: means any person who operates any commercial motor vehicle as defined in subdivision (c). See California Vehicle Code 34601
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
(2) A certification of consent to self-insure issued by the Director of Industrial Relations, and the identity of the administrator of the carrier’s workers’ compensation self-insurance plan.
(3) A statement, under penalty of perjury, stating that, in its operations as a motor carrier of property, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state.
(b) The workers’ compensation certified under paragraph (1) of subdivision (a) shall be effective until canceled. The insurer shall provide to the motor carrier of property and to the department a notice of cancellation not less than 30 days in advance of the effective date.
(c) If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers’ compensation laws of this state, the carrier shall promptly notify the department that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
(d) Whenever the department determines or is notified that the certificate of workers’ compensation insurance or certification to self-insure a motor carrier of property will lapse or be terminated, the department shall suspend the carrier’s permit effective on the date of the lapse or termination, unless the motor carrier provides evidence of valid insurance coverage pursuant to subdivision (a).
(1) If the carrier’s permit is suspended, the carrier shall pay a reinstatement fee as set forth in Section 34671, and prior to conducting on-highway operations, present proof of valid insurance coverage pursuant to subdivision (a) in order to have the permit reinstated.
(2) If the evidence provided by the carrier of valid insurance coverage pursuant to subdivision (a) demonstrates that a lapse in coverage for the carrier’s operation did not occur, the reinstatement fee shall be waived.
(Amended by Stats. 2007, Ch. 58, Sec. 3. Effective January 1, 2008.)