(a) The Department of the California Highway Patrol has exclusive jurisdiction for the regulation of safety of operation of motor carriers of property. (b) The motor carrier permit of a motor carrier of property may be suspended for failure to do either of the following: (1) Maintain any vehicle of the carrier in a safe operating condition or to comply with this code or with applicable regulations contained in Title 13 of the California Code of Regulations, if that failure is either a consistent failure or presents an imminent danger to public safety. (2) Enroll all drivers in the pull-notice system as required by Section 1808.1. (c) The motor carrier permit of a motor carrier of property shall be suspended for failure to either (1) comply with the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code, or (2) make copies of results and other records available as required by subdivision (b) of that section. The suspension shall be as follows: (1) For a serious violation, which is a willful failure to perform substance abuse testing in accordance with state or federal law: (A) For a first offense, a mandatory five-day suspension. (B) For a second offense within three years of a first offense, a mandatory three-month suspension. (C) For a third offense within three years of a first offense, a mandatory one-year suspension. (2) For a nonserious violation, the time recommended to the department by the Department of the California Highway Patrol. (3) For the purposes of this subdivision, âwillful failureâ means any of the following: (A) An intentional and uncorrected failure to have a controlled substances and alcohol testing program in place. (B) An intentional and uncorrected failure to enroll an employed driver into the controlled substances and alcohol testing program. (C) A knowing use of a medically disqualified driver, including the failure to remove the driver from safety-sensitive duties upon notification of the medical disqualification. (D) An attempt to conceal legal deficiencies in the motor carrierâs controlled substances and alcohol testing program. (d) The department, pending a hearing in the matter pursuant to subdivision (f), may suspend a carrierâs permit. (e) (1) A motor carrier whose motor carrier permit is suspended pursuant to subdivision (b) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the department and paying a reinstatement fee as required by Section 34623.5. (2) The department shall deposit all reinstatement fees collected from motor carriers of property pursuant to this section in the fund. Upon receipt of the fee, the department shall forward a request to the Department of the California Highway Patrol, which shall perform a reinspection within a reasonable time, or shall verify receipt of the application or fee or both the application and fee. Following the term of a suspension imposed under Section 34670, the department shall reinstate a carrierâs motor carrier permit suspended under subdivision (b) upon notification by the Department of the California Highway Patrol that the carrierâs safety compliance has improved to the satisfaction of the Department of the California Highway Patrol, unless the permit is suspended for another reason or has been revoked. (f) Whenever the department suspends the permit of any carrier pursuant to subdivision (b), (c), or paragraph (3) of subdivision (i), the department shall furnish the carrier with written notice of the suspension and shall provide for a hearing within a reasonable time, not to exceed 21 days, after a written request is filed with the department. At the hearing, the carrier shall show cause why the suspension should not be continued. Following the hearing, the department may terminate the suspension, continue the suspension in effect, or revoke the permit. The department may revoke the pe
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