# Mr. Todd Nash — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 00-0109
- **title:** Mr. Todd Nash — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2000-05-30
- **effective on:** Not available
- **summary:** 00-0109 concerning 171.2.
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-00-0109.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-00-0109
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000109.pdf
**body:**

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..•
400 Seventh Street. S.W.
Washington, D.C.
20590
Research and
Special Programs
Administration
MAY 3 0 2000
Mr. Todd Nash
Ref. No. 00-0109
1715 Whispering Forest Drive, #307
Charlotte, NC 28270
Dear Mr. Nash:
This is in reference to your April 11, 2000 letter and telephone conversation with Ms. Diane LaValle of
my staff concerning the responsibility of a carrier under the Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180). Specifically, you ask about the penalties associated with a common carrier who
picks up a package for transportation by highway which is in violation of the HMR, transports it to a
central processing facility where an audit at the carrier's facility reveals that a violation of the HMR
exists. The carrier then transports the package back to the offeror without rectifying the violations.
Section 171.2(a) states that no person may offer or accept a hazardous material for transportation
unless the package conforms to the applicable regulations in the HMR. Generally, an offeror of the
hazardous material must sign a certification statement as required by § 172.204(a). As stated in the
enclosed formal interpretation published in the Federal Register on June 4, 1988, (63 ER 30411) a
carrier violates the HMR when the carrier accepts or transports a hazardous material with actual or
constructive knowledge that a package contains a hazardous material which has not been prepared in
accordance with the applicable requirements of the HMR. The formal interpretation also clarifies
carrier responsibility and the issue of "knowingly and willfully" violating the HMR. A carrier may not
accept or transport, including continuing to transport, a package which is not in compliance with the
HMR.
I hope this satisfies your request.
Sincerely,
muffilho
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
Enclosure
000109

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1715 Whispering Forest Drive, #307
Charlotte, NC 28270
April 11, 2000
U.S. Department of Transportation
Ms. Diane LaValle
400 7" Street, S.W.
Research & Special Programs Administration (DHM-10)
Washington, DC 20590-0001
Re: Shipper and Carrier Co-Responsibility
Dear Ms. LaValle:
Per our telephone discussion today, I am requesting an official letter of interpretation from your office on
the following scenario.
A shipper prepares a hazardous materials package for shipment via a common carrier. The common
carrier picks the package up at the shippers facility. The carrier proceeds to transport the package to a
central processing facility where it is audited for compliance with the Hazardous Materials Regulations
(HIMR; 49 CFR Parts 171-180). If a violation of the HMR is detected by the carriers auditors, the
package is rejected. The carrier then attaches a rejection checklist outlining the violations and transports
the package back to the shipper on the common carrier vehicles.
According to §171.1(a)(1), the HMR apply to the offering and transportation of hazardous materials in
§171.1(c) states that any person who knowingly violates a requirement of the HMR is liable for a civil
interstate, intrastate and foreign commerce by rail car, aircraft, motor vehicle, and vessel. Furthermore
penalty of not more than $27,500 and not less than $250 for each violation. Any person who willfully
violates a provision of the Federal hazardous material transportation law or an order or regulation issued
thereunder shall be fined under Title 18, United States Code, or imprisoned for not more than 5 years, or
both.
Therefore, would it be correct to state that the common carrier in the scenario has joint responsibility with
the shipper to ensure the sate transportation of the hazardous materials package? It so, would it also be
correct to state that the common carrier in the scenario is knowingly and willfully violating provisions of
the HMR? Does the carrier need to correct the violations prior to continuing transportation of the
package?
I look forward to your response. Should you have any questions or require additional information, please
do not hesitate to contact me at (704) 844-9376.
Very truly yours,
Gould A Mash
Todd A. Nash
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