By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a truck in California?
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Which rules apply to the truck that hit you
Most truck crash guides focus on federal rules. California runs its own system through the California Highway Patrol (CHP) and the DMV. It covers trucks that never leave the state, and parts of it, such as permits, CA numbers, terminal inspections and the truck speed limit, reach interstate carriers too. Our page on who is liable in a truck accident covers the parties who may share fault.
The CHP regulates trucks with three or more axles over 10,000 pounds, truck tractors, hazardous materials vehicles and commercial vehicles rated 26,001 pounds or more (Veh. Code 34500). Vehicle Code 34501 has the CHP adopt rules on hours, drug and alcohol testing, inspection, maintenance and records, which sit in Title 13 of the California Code of Regulations starting at section 1200. State hours rules must be consistent with the federal ones, with exceptions for intrastate drivers not hauling hazardous substances or waste (Veh. Code 34501.2).
California’s hours limits for drivers who stay in the state
A driver is intrastate when the trip is not interstate commerce under the federal definition (13 CCR 1201(o), (p)). Intrastate truck drivers follow 13 CCR 1212.5. Interstate drivers, and drivers hauling hazardous substances or hazardous waste, follow federal Part 395 (13 CCR 1212.5(b)).
| Limit | California intrastate truck driver | Federal interstate property driver |
|---|---|---|
| Rest before driving | 10 consecutive hours off duty | 10 consecutive hours off duty |
| Driving time | 12 hours (10 for a tank vehicle over 500 gallons carrying flammable liquid) | 11 hours |
| Work window | No driving after the 16th hour on duty | No driving after the 14th hour on duty |
| Weekly cap | 80 hours on duty in 8 consecutive days | 60 hours in 7 days or 70 hours in 8 days |
| Restart | 34 or more hours off duty | 34 or more hours off duty |
| Rule | 13 CCR 1212.5(a) | 49 C.F.R. 395.3 |
A carrier may argue that 12 hours of driving was legal in California. A 13th hour, or driving after the 16th hour, was not. Snow, fog or unusual traffic allows up to 2 extra hours only if the conditions were not apparent to the dispatcher when the run began (13 CCR 1212(b)).
Local drivers who stay within 100 air-miles and are released within 12 hours can skip the logbook, but the carrier must keep time records of their start, total and release times for six months (13 CCR 1212(e)). For a local delivery or dump truck, those time cards may be the only hours record. See how hours-of-service logs prove a tired truck driver.
CHP terminal inspections: the BIT program
Under the Basic Inspection of Terminals (BIT) program in Veh. Code 34501.12, a carrier running covered trucks must list its California terminals with the CHP and produce vehicles, maintenance records and driver records on request. The CHP picks terminals with a performance-based system that weighs fatigue, driver fitness, maintenance, drug and alcohol use, citations and crashes, giving priority to terminals never inspected and hazardous materials carriers.
| Rating | Meaning (13 CCR 1233) | What follows |
|---|---|---|
| Satisfactory | Compliance, or only minor discrepancies | No required reinspection unless the selection system flags the carrier |
| Unsatisfactory | Continued disregard of the rules, numerous violations or serious violations affecting safe operation | Reinspection within 120 days (Veh. Code 34501.12(f)); the carrier may ask for a rating review |
| Conditional | Prior unsatisfactory rating; compliance not yet determined on reinspection | Follow-up inspection |
Three straight unsatisfactory ratings are a consistent failure (13 CCR 1233(e)), which can lead the CHP to recommend that the DMV suspend the carrier’s permit (Veh. Code 34505.6). The BIT statute expires January 1, 2031, unless extended.
Anyone can check results. The CHP’s Carrier Inspection Results page links to a search tool that takes a CA or MCP number, USDOT number, business name or address. An unsatisfactory rating for maintenance or hours before your crash can help show the company knew of the problem.
The motor carrier permit and the CA number
A motor carrier of property may not run a commercial motor vehicle on a California highway without a CA number and a valid DMV motor carrier permit (Veh. Code 34620). That includes any truck with two or more axles over 10,000 pounds and any vehicle hauling property for pay (Veh. Code 34601(c)). The DMV suspends the permit if the carrier’s insurance lapses (Veh. Code 34630).
| Item | Key rule | Why it matters |
|---|---|---|
| CA number (CHP) | Requires a USDOT number first; shown on both sides of the truck (Veh. Code 34507.5) | Identifies the carrier and opens its CHP inspection history |
| Motor carrier permit (DMV) | Needed to operate; intrastate permits run in 12-month terms (DMV) | Shows whether the carrier was legally on the road |
| Insurance on file | $750,000 combined single limit for most carriers; $300,000 if all vehicles are under 10,000 pounds; more for hazardous loads (Veh. Code 34631.5) | Points to a policy for the claim |
| Hiring rule | No one may hire a motor carrier of property without a valid permit (Veh. Code 34620(b)) | A shipper or broker that did may face its own claim |
The DMV answers brief permit questions by phone for free. Copies of records, including insurance certificates at $20 each, require form MC 430 M (DMV).
Speed, lane and alcohol rules for big trucks
| Rule | What it says | Code |
|---|---|---|
| Speed | A truck with three or more axles, or any truck towing another vehicle, may not exceed 55 mph on any highway | Veh. Code 22406 |
| Lanes | Use signed truck lanes; otherwise the right-hand lane, or on a divided highway with four or more lanes each way, the next lane left. Turns, entering and exiting are exceptions | Veh. Code 21655(b) |
| Alcohol | 0.04% blood alcohol or more is unlawful in a commercial motor vehicle | Veh. Code 23152(d) |
A commercial motor vehicle here is one needing a Class A or B license, or a Class C with certain endorsements (Veh. Code 15210(b)). A big-rig driver at 0.05% broke the law. So did a five-axle truck doing 65 in a 65 mph zone.
How a broken rule becomes proof of negligence
Under Evidence Code 669, a lack of due care is presumed when a person violated a statute or regulation of a public entity, the violation caused the injury, the injury was the kind the rule was meant to prevent, and the injured person was in the group the rule protects. The driver or carrier can rebut it by showing they acted as a reasonably careful person trying to obey the law would have. The violation also must have caused the harm. A lapsed permit did not make the driver drift into your lane, though it may still matter for who hired the carrier.
Who pays: employer, owner and the $15,000 cap
A principal is responsible for an agent’s negligence in the business of the agency (Civ. Code 2338). A vehicle owner is also liable for negligent driving by anyone using it with permission (Veh. Code 17150), but that kind of liability is capped.
| Basis | Who it reaches | Limit |
|---|---|---|
| Employer liability (Civ. Code 2338) | The carrier that employs the driver | Not limited by Veh. Code 17151 |
| Permissive-use owner liability (Veh. Code 17150) | An owner who let someone else drive, with no employment or agency link | $15,000 per person, $30,000 per accident, $5,000 property (Veh. Code 17151) |
| Company’s own negligence | A carrier, broker or shipper that hired or dispatched carelessly | Not limited by Veh. Code 17151 |
The 17151 cap covers only owner liability “not arising through the relationship of principal and agent or master and servant.” If the driver was working for the owner, the cap does not apply.
Getting the CHP collision report
Crash reports are confidential, but under Veh. Code 20012 the CHP must release the whole report, including names, diagrams and witness statements, to anyone with a proper interest: drivers, injured people, vehicle owners, people who may be liable, and their attorneys. The fee cannot exceed actual cost. Caltrans and local road authorities also get them for confidential use (Veh. Code 20014). The CHP uses form CHP 190, filed at any CHP Area office or by mail (CHP).
Deadlines that apply
| Situation | Deadline | Rule |
|---|---|---|
| Injury or death lawsuit against a driver or carrier | 2 years | Code Civ. Proc. 335.1 |
| Written claim to a city, county or state agency that owned the truck | 6 months after the claim accrues, usually the crash date | Gov. Code 911.2 |
| Lawsuit after a written rejection | 6 months from the notice; 2 years from accrual if no notice | Gov. Code 945.6 |
Garbage and public works trucks often belong to a public agency. See claims against a city or county vehicle.
What this means for your case
- Photograph both truck doors for the CA number, USDOT number and company name.
- Search the CA number on the CHP carrier inspection site and note any rating and date.
- Ask the DMV whether the carrier held a valid permit that day, and request its insurance certificate.
- Demand in writing that logs, time cards and electronic data be preserved, well before six months pass.
- Request the CHP report on form CHP 190.
- If a public agency owned the truck, present the claim within six months.
Read more on our California truck accident lawyer page, or call Beverly Law at (310) 552-6959 for a free review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Do California’s 12-hour driving limits apply to an out-of-state truck?
No. Drivers in interstate commerce, and drivers hauling hazardous substances or hazardous waste, follow the federal limits of 11 hours of driving within a 14-hour window under 13 CCR 1212.5(b) and 49 C.F.R. 395.3.
Can I find out whether the trucking company failed a CHP inspection?
Yes. The CHP’s carrier inspection site lets anyone search by CA or MCP number, USDOT number or business name and view terminal inspection results for California terminals.
How fast can a big rig legally go on a California freeway?
A truck with three or more axles, or any truck pulling a trailer, may not exceed 55 mph on any highway under Vehicle Code 22406, even where cars may go 65 or 70.
Is the truck owner only responsible for $15,000?
Only when the owner is liable just for letting someone drive. The cap in Vehicle Code 17151 does not apply when the driver was the owner’s employee or agent.
What blood alcohol level is illegal for a truck driver in California?
0.04% or more while driving a commercial motor vehicle, under Vehicle Code 23152(d). That is half the 0.08% limit for most drivers.
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Related pages
California truck accident lawyer · Who is liable in a truck accident? · How hours-of-service logs prove a tired truck driver · How to look up a trucking company’s safety record · Truck insurance minimums in California and Washington · Claims against a city or county vehicle: the six-month rule
Sources
- Cal. Vehicle Code 34500, vehicles regulated by the CHP
- Cal. Vehicle Code 34501, CHP safety regulations
- Cal. Vehicle Code 34501.2, hours-of-service rules and intrastate exceptions
- 13 CCR 1200, scope of motor carrier safety regulations (Cornell LII)
- 13 CCR 1201, definitions (Cornell LII)
- 13 CCR 1212, driver hours of service (Cornell LII)
- 13 CCR 1212.5, maximum driving and on-duty time (Cornell LII)
- 49 C.F.R. 395.3, federal maximum driving time
- Cal. Vehicle Code 34501.12, Basic Inspection of Terminals program
- 13 CCR 1233, safety compliance ratings (Cornell LII)
- Cal. Vehicle Code 34505.6, permit suspension recommendations
- California Highway Patrol, Carrier Inspection Results
- California Highway Patrol, carrier safety search
- Cal. Vehicle Code 34620, motor carrier permit required
- Cal. Vehicle Code 34601, motor carrier of property definitions
- Cal. Vehicle Code 34630, proof of financial responsibility
- Cal. Vehicle Code 34631.5, minimum carrier insurance
- Cal. Vehicle Code 34507.5, carrier identification (CA) number
- California DMV, Motor Carrier Permits
- California DMV, Motor Carrier Permit FAQs
- Cal. Vehicle Code 22406, 55 mph limit for trucks
- Cal. Vehicle Code 21655, truck lanes
- Cal. Vehicle Code 23152, driving under the influence
- Cal. Vehicle Code 15210, commercial motor vehicle definition
- Cal. Evidence Code 669, presumption of negligence
- Cal. Civil Code 2338, principal’s liability for agent
- Cal. Vehicle Code 17150, owner liability
- Cal. Vehicle Code 17151, limits on owner liability
- Cal. Vehicle Code 20012, release of accident reports
- Cal. Vehicle Code 20014, confidential use of reports
- California Highway Patrol, Request a Collision Report
- Cal. Code of Civil Procedure 335.1, two-year limit
- Cal. Government Code 911.2, six-month claim deadline
- Cal. Government Code 945.6, time to sue a public entity
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 11, 2026.