Transportation Regulations

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What U.S. Department Of Transportation Regulations
apply to your motor carrier operations?
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It is probably not a matter of if one of your vehicles is going
to be involved in a crash, it is only a matter of when
What Transportation Regulations
Apply to You?
Federal Motor Carrier Safety
Regulations?
Hazardous Materials
Regulations?
Presentation’s Goal
Understand what regulations
apply to your operations
IF ANY
The Federal Motor Carrier
Safety Regulations Apply to
all employers, employees and commercial
motor vehicles which transports property in interstate and
possibly intrastate commerce (49 CFR 390.3)
Key Words in this regulation (what is a)
1. Commercial motor vehicle
2. In commerce
3. Interstate or intrastate commerce
What is a COMMERCIAL
MOTOR VEHICLE?
A Commercial Motor Vehicle is a vehicle with a

GVWR or GCWR of 10,001 (whichever is greater); or

GCWR (combination) or GCW of 10,001 pounds or
more (whichever is greater); or

Designed to transport > 15 passengers including the
driver; or

Designed or used to transport more than 8
passengers including the driver for compensation; or

Required to be placarded for Hazardous Materials
COMMERCIAL MOTOR
VEHICLE (exception Intrastate)
 You
will find that for Intrastate
commerce (which we will discuss next)
that some states have defined a
commercial motor vehicle that has a
GVWR or GCVR of greater than 26,000
& that do not transport hazardous
materials in a quantity that requires
placarding
To Determine the GVWR
Generally look inside of driver’s door
jam & locate the VIN Plate
To Determine the GVWR
of a Trailers, generally look on the
left front side of the vehicle or on the
tow bar
GCWR
Gross Combination Weight Rating
Combination Vehicles
This is the combination GVWR of combination vehicles,
i.e. a power unit and a trailer
GCWR
Trailer GCWR
GVWR 7,000 lbs.
GVWR 3,500 lbs.
GCWR
Gross Combination Weight Rating
Combination Vehicles
Determined by adding the GVWR of both the towed
and towing vehicles
GVWR of Towing vehicle 7,500 lbs.
GVWR of towed vehicle 7,000 lbs.
GCVW = 14,500 lbs
In Commerce?
Do I conduct any transportation
operations in commerce?
Intrastate Commerce?
Interstate Commerce?
Commerce
Interstate Commerce?
Cross State Lines
Intrastate commerce? Operations
wholly within a State of non-interstate
property or passengers
Intrastate Commerce
Arkansas
Batesville
Popular Bluff
Little Rock
Non-Interstate Property or passengers
Interstate Commerce
OKLAHOMA
ARKANSAS
Between a Place in a State and
a Place Outside of Such State
Between a place in
a state and a place
outside the U.S.
Canada
United States
Between a place inKansas City, MO
a state and a place
outside the U.S.
KS
MO
Between a place inMemphis, TN
a state and a place
outside the U.S.
AR
TN
MS
Interstate Commerce
Between two places in a State
through another State.
Interstate Commerce
Between two places in a State
through another State.
TN
GA
If the Federal Motor Carrier Safety
Regulations Apply to you what does this mean?
Again, the regulations apply to all employers, employees and commercial
motor vehicles which transports property in interstate and
possibly intrastate commerce (49 CFR 390.3)
Key word – EMPLOYEEES – Generally
Enforced on the side of the road
Key word – EMPLOYERS – Generally
enforced in your office during compliance reviews
or investigations by Federal or State Enforcement
officers
If the Federal Motor Carrier Safety
Regulations Apply to you what are they
EMPLOYEEES – Generally requires that
while operating a commercial motor vehicle
every driver shall possess a
A copy of his/her valid driver’s license
for the type of vehicle being operated
A copy of his/her current medical examiner’s certificate
A current record of duty status (if applicable)
Again, these regulations are generally enforced during
Roadside inspections by Certified Roadside Inspectors
If the Federal Motor Carrier Safety
Regulations Apply to you what are they
EMPLOYER – Generally are regulated and
enforcement is performed by Federal or State
auditors coming to your business to conduct
Compliance Reviews
Employers are required to obtain and maintain the following
Records and documents
If the Federal Motor Carrier Safety
Regulations Apply to you what are they
Very General
1. Driver Qualification Files
2. Drug and Alcohol Testing
records if required (CDL)
3. Hours of service records
4. Vehicle Maintenance, Inspection
Records & Annual Inspections
What About
The
Hazardous Materials
Regulations?
29
Does your company offer for
Transportation or transport any
material defined as a hazardous
materials?.
30
As defined in the 998 pages of the
U. S. Department of Transportation,
Hazardous Materials Regulations
49 CFR Parts 100-199
31
GENERAL REQUIREMENTS
Of the HM Regulations 49 CFR
171.1
Applicability of
Hazardous Materials Regulations (HMR)
to persons and functions…
Key Word
171.2(e)
No Person
may offer or accept a
COMMERCE
Hazardous Material in commerce . . .
171.2(f)
No Person may transport a
Hazardous Material in commerce . . .
32
HAZARD CLASS DEFINITIONS
Where are they located ?

49 CFR - 173.2 and 171.8
35
What are Hazardous
Materials
36
ORM - D
Any material such as a consumer
commodity, which although subject to
the hazardous material regulations,
presents little hazard due to its form,
quantity, or packaging
Example: Wasp Spray
37
ORM-D

ORM-D may be excepted from
packaging, shipping papers,
marking requirements and
placarding if authorized
38
ADDITIONAL
REQUIREMENTS:
MARINE POLLUTANTS
(Cont.)
Technical names must be identified for marine pollutants
Example: Compounds, tree or weed
killing, N.O.S. (Fenthion)
39
INHALATION HAZARDS
Division 2.3 or Division 6.1 PG I
Inhalation Zone A or B must be labeled
with the Inhalation Hazard label
40
Shipping Papers
•
Each person who offers a hazardous
material for transportation shall
describe the hazardous material on
the shipping papers in the manner
required by 49 CFR 172.200
41
GENERAL ENTRIES

The Hazardous Material Must Be
First , or
 In A Contrasting Color Or
 Identified By An “X”
 Must Have Number Pages
(Example “1 of 3”)
 May Not Contain Unauthorized
Codes Or Abbreviations
42
SHIPPING PAPER
Num &
Type
3 Drms
HM
X
20 Bx
UN1238, Methyl Chloroformate, 6.1 (3,8),
PG I,
Toxic Inhalation Hazard Zone A
Net
Wgt.
Gross
Wgt.
150 lbs
450 lbs
Fishing Tackle
10 Drms
2 Bx
Shipping Description
PSN, Class, ID, PG
EXTRA info
Mineral Oil (Non-Hazardous)
X
400 lbs
4,000 lbs
UN1380, Pentaborane, 4.2 (6.1), PG I
Poison Inhalation Hazard Zone A
Emergency Contact
PK, Inc Cont #1234
1-800-555-1212
50lb
100lb
I hereby declare that the contents of this consignment are
fully and accurately described above by the proper shipping
name, and are classified, packaged, marked and labelled/
placarded, and are in all respects in proper condition for
transport according to international and national
governmental regulations.
Judy K. Halloran
43
GENERAL PLACARDING
REQUIREMENTS





Bulk Packages
Freight Containers
Unit load devices
Transport Vehicles
Rail Containers
Must be placarded
on each side and
each end IAW
Table 1 & 2 of 49
CFR 172.504
44
HM TRAINING Requirements
Anyone that
• Handles HM (including loading & unloading)
•
Manufactures packaging for HM
•
Prepares HM for transport
•
Is responsible for the safety of HM
•
Operates a vehicle used to transport HM
45
WHO NEEDS TRAINING

Any person that meets the definition
of a hazmat employee according to
171.8

This includes self employed
individuals
46
WHO PROVIDES TRAINING?
It is the responsibility of the HM
EMPLOYER to ensure all HM
employees are trained
47
REQUIRED TRAINING

172.700 requires employees to have a
familiarity of 49 CFR as well as modal
specific training. Modal specific is
highway, rail, vessel, or air
48
TYPES OF TRAINING
REQUIRED
172.704 requires all HM employees
to be trained in four basic areas
•
•
•
•
General awareness
Function specific
Safety training
Security Awareness
NOTE: In-Depth Security training is
required for those HM employees
that are required to have a security
plan, Subpart I
49
Part 387
Financial
Responsibility
Purpose – 387.1
• Prescribe the minimum levels of financial
responsibility required to be maintained by:
– Hazardous material and non hazardous material
motor carriers operating motor vehicles in
• Interstate
• Intrastate
• Foreign Commerce
387.9 Financial Responsibility Minimum Levels
Some of your Products
EcoFume
MagToxin – Fulminations Pellets
ProFume* Gas Fumigant
Some of your Products
MagToxin – Fulminations Pellets
Materials Safety Data Sheet
TRANSPORT INFORMATION
.
US DOT – I found nothing in the MSD
Sheet to indicate that this material meets
the definition of a Hazardous Material by the
Manufacturer
More research would be required
before I cold make such a determination
Some of your Products
ProFume* Gas Fumigant
Materials Safety Data Sheet
TRANSPORT INFORMATION
.
This product is regulated as follows under the Hazardous
Materials regulations as
UN2191/SULFURYL FLUORIDE
Class 2.3
Some of your Products
EcoFume
Materials Safety Data Sheet
TRANSPORT INFORMATION
.
This product is regulated under the Hazardous Materials
Regulations as follows:
Proper Shipping Name: Liquefied gas, toxic, n.o.s. [Inhalation hazard –
Zone D]
Hazard Class: 2.3
UN/ID Number: UN3162
Transport Label Required: Poison Gas
Technical Name (N.O.S.): Contains phosphine
Hazardous Substances: Component / CAS No. Reportable Quantity of
CSA/SMS
Compliance Safety & Accountability
Safety Management System
Questions
Federal Motor Carrier Safety Regulations
Hazardous Materials Regulations
Insurance Requirements
See me after the meeting or contact me anytime with any
question
Contact info at www.rickgobbell.com
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