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   CALIFORNIA VEHICLE CODE    

   :: SECTION 15240-15242

 

15240.  No employer shall knowingly allow, permit, require, or
authorize a driver to drive a commercial motor vehicle under any of
the following conditions:
   (a) The driver has a driver's license or privilege suspended,
revoked, or canceled by any state or has been disqualified from
operating a commercial motor vehicle.
   (b) The driver has more than one driver's license.
   (c) The driver or the commercial motor vehicle or motor carrier
operation is subject to an out-of-service order as described in
subdivision (b) of Section 2800.
   (d) In violation of any law or regulation pertaining to a
railroad-highway grade crossing.



15242.  (a) A person who is self-employed as a commercial motor
vehicle driver shall comply with both the requirements of this
chapter pertaining to employers and those pertaining to employees.
   (b) Notwithstanding subdivision (a), any motor carrier that
engages an owner-operator meeting the requirements of subdivision (b)
of Section 34624 to provide transportation services under the
direction and control of that motor carrier is responsible for the
compliance of that owner-operator with this chapter and for purposes
of the regulations adopted by the department pursuant to Section
34501 during the period of that direction and control.
   (c) For the purposes of subdivision (b), "direction and control"
means either of the following:
   (1) The owner-operator is operating under the United States
Department of Transportation interstate operating authority of the
motor carrier.
   (2) The owner-operator has performed transportation services for a
minimum of 60 calendar days within the past 90 calendar days for the
motor carrier and has been on duty for that carrier for no less than
36 hours within any week in which transportation services were
provided.
   (d) Subdivision (b) shall not be construed to change the
definition of "employer," "employee," or "independent contractor" for
any purpose.





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