As used in this division:
(a) “Cargo tank” means any tank having a volumetric capacity in excess of 120 gallons that is used for the transportation of flammable liquids or combustible liquids. “Cargo tank” includes pumps, meters, valves, fittings, piping, and other appurtenances attached to a tank vehicle and used in connection with the flammable liquids or combustible liquids being transported in the cargo tank except that the volumetric capacity refers to the capacity of the container portion of a cargo tank.
“Cargo tank” does not include any of the following:
(1) Any tank used only to carry fuel necessary for the operation of the vehicle or any equipment of the vehicle.
(2) Any tank containing not more than 120 gallons of residue. For purposes of this paragraph, “residue” means the liquid material remaining after a tank has been unloaded to the maximum extent practicable through the normal discharge opening.
(3) Any intermodal portable tank, meeting United States Department of Transportation IM 101 or IM 102 Specification transported as part of an interstate shipment when operated within a 25-mile radius of its ocean port or railroad terminal loading or unloading facility.
(4) Any tank meeting the requirements of Title 49 of the Code of Federal Regulations, with a volumetric capacity of less than 500 gallons used to transport flammable or combustible liquids, except a portable tank used to transport an inhalation hazard as defined in subdivision (a) of Section 32101.
(5) Any tank designated by the United States Department of Transportation as a “single trip container” or “nonreusable container,” marked and used as such, with a volumetric capacity of less than 500 gallons.
(6) Any vehicle that is registered in any other state and is used for refueling aircraft while operating in this state pursuant to a contract with this state or the United States for the conduct of fire suppression or other emergency-related activities.
(b) “Tank vehicle” means any truck, trailer, or semitrailer equipped with a cargo tank which is used for the transportation of flammable liquids or combustible liquids within this state.
(c) “Flammable liquids” and “combustible liquids” mean those liquids as defined by the regulations adopted by the commissioner pursuant to Section 2402.7.
(Amended by Stats. 1992, Ch. 1243, Sec. 93. Effective September 30, 1992.)
Last modified: October 25, 2018