(

a) On or before July 1, 2003, the department shall adopt emergency regulations to implement this article, with the concurrence of the California Highway Patrol. (

b) The regulations adopted by the department pursuant to this

section shall be adopted as emergency regulations in accordance with

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, and for the purposes of that chapter, including

Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, including subdivision (

e) of

Section 11349.1 of the Government Code, any emergency regulations adopted pursuant to this

section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. (

c) Except as provided in subdivision (d), in adopting regulations pursuant to this section, the department shall ensure that the regulations are consistent with the Hazardous Materials Transportation Authorization Act of 1994 (Chapter 51 (commencing with

Section 5101) of Title of the United States Code, and thereafter amended. (

d) If the department determines that a requirement imposed pursuant to

Section 25169.7 could be preempted by the Hazardous Materials Transportation Authorization Act of pursuant to

Section of Title of the Code of Federal Regulations, the department shall apply to the Secretary of Transportation for a waiver of preemption pursuant to subsection (

e) of

Section of Title of the United States Code.