The California Highway Patrol (CHP) is charged with approving routes and rest stops for the transport of explosives within the state. A violation of these traffic codes could be a misdemeanor crime.
Transportation of Explosives, Wrong Routes, & Misdemeanors
If you traveled the same route continuously over the years, would you even consider keeping a map in the glove compartment? Or pulling it out to check if you were taking the wrong route or considering stopping for coffee at a place you’ve got coffee from a dozen times or more? Probably not. However, that is what is required of a driver hauling explosives in CA.
According to the CA Vehicle Code (CVC) Section 31602 (a-c), Transportation of Explosives, it is a misdemeanor crime to travel the wrong route or make an unauthorized stop when transporting explosives.
The exact wording of that section of code is, “It is a misdemeanor for the owner, or authorized agent of the owner, of any vehicle transporting explosives to drive, or to permit the driving of the vehicle, or for the driver to drive such vehicle, upon any public highway, not designated in regulations adopted by the Department of the California Highway Patrol as a route for the transportation of explosives…”
Paragraph (c) states the driver must not “…stop at any place not designated as a safe stopping place unless the vehicle is disabled…”
Therefore, a stop for a cup of coffee at a diner or restaurant not designated by the CHP could cost you $4,175 and a criminal record. Plus, if convicted, you might very well lose your job as a driver. If you receive a ticket or citation in Kern county, exercise your right to remain silent and call Bigger & Harman before making a statement.
Many drivers think, “Well, it’s a ticket, I have talked my way out of many traffic tickets.” It would be extremely unwise to use this logic in case of any misdemeanor traffic offense.
Some municipalities in CA already mandate law enforcement officers to wear a body cam. The Justice in Policing Act of 2020, if passed, could make it mandatory for federal law enforcement across the US. Therefore, when an LEO says, “Anything you say can and will be used against you in a court of law.” You can bet it will, particularly in a proceeding to determine the guilt of a misdemeanor offense, traffic or otherwise.
Never make the mistake of treating a misdemeanor lightly or like a traffic infraction. Always, consult a traffic lawyer with criminal court experience before making a statement or agreeing to a plea bargain.
Consult with the Traffic Attorney Team of Bigger & Harman in Bakersfield, Kern County, CA
When you have been stopped for questioning concerning a violation while hauling explosives in CA, use your Constitutionally guaranteed “right to remain silent” and call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
We are traffic attorneys who have spent many hours protecting HazMat drivers' driving privileges and criminal records in Bakersfield Superior Court & Traffic Division. When you need caring and compassionate legal services, call us.
Email: attorney@biggerharmanlaw.com.
References:
The 2019 CA Commercial Driver Handbook.pdf
CVC Section 31602 (a-c), Transportation of Explosives