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67 California Attorney General Reports and Opinions 1 (1984)

handle is hein.sag/sagca0067 and id is 1 raw text is: OPINIONS
OF THE
ATTORNEY GENERAL
OF CALIFORNIA
Opinion No. 83-201-January 4, 1984
SUBJECT: LICENSING OR INSPECTION PROGRAM BY A CITY OR
COUNTY REGULATING TRANSPORTATION OF HAZARDOUS MA-
TERIAL WITHIN ITS JURISDICTION-A city or county does not have
the authority to establish a licensing or inspection program regulating
the transportation of hazardous material over roadways within its juris-
diction; a city or county has limited authority to restrict the roadways
on which hazardous material is transported within its jurisdiction.
Requested by: COMMISSIONER,             DEPARTMENT          OF      THE
CALIFORNIA HIGHWAY PATROL
Opinion by: JOHN K. VAN DE KAMP, Attorney General
Rodney 0. Lilyquist, Deputy
The Honorable James E. Smith, Commissioner, Department of the California
Highway Patrol, has requested an opinion on the following questions:
1. Does a city or county have the authority to establish a licensing or inspection
program regulating the transportation of hazardous material over roadways within its
jurisdiction?
2. Does a city or county have the authority to restrict the roadways on which
hazardous material is transported within its jurisdiction?
CONCLUSIONS
1. A city or county does not have the authority to establish a licensing or
inspection program regulating the transportation of hazardous material over roadways
within its jurisdiction.
2. A city or county has limited authority to restrict the roadways on which
hazardous material is transported within its jurisdiction.
ANALYSIS
The questions presented for analysis concern the authority of cities and counties to
enact ordinances regulating the transportation of hazardous material over roadways

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