{"operation":"document","citation":"02-0250","title":"Royalty Trucking, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-08","effective_on":null,"summary":"02-0250 response to Royalty Trucking, Inc. concerning 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0250.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0250.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0250","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020250.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nNOV - 8 2002\nMr. Larry Riestenberg\nSafety Director\nRef No.: 02-0250\nRoyalty Trucking, Inc.\n588 W. Seymour Ave.\nCincinnati, Ohio 45216\nDear Mr. Riestenberg\nThis is in response to your September 11, 2002, letter requesting clarification of the emergency\nresponse information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically you ask whether the Emergency Response Guidebook (ERG) could be stored\nin a compartment behind the driver seat, within the driver's immediate reach while restrained by his\nseatbelt.\nYour answer is no. In accordance with § 172.602(c)(1), each carrier who transports a hazardous\nmaterial shall maintain the iriformation specified in paragraph (a) of this section and § 172.606 of this\npart in the same manner as prescribed for shipping papers. Section 177.817 addresses shipping papers\nand emergency response information accessibility for highway shipments.\nIn § 177.817(e) a driver of a motor vehicle containing hazardous material, and each carrier using such a\nvehicle, shall ensure that the shipping paper required by this section is readily available to, and\nrecognizable by, authorities in the event of accident.or inspection.\nSpecifically, the driver and the carrier shall:\n(1) Clearly distinguish the shipping paper, if it is carried with other shipping papers or other\npapers of any kind, by either distinctively tabbing it or by having it appear first; and\n(2) Store the shipping paper as follows:\nWhen the driver is at the vehicle's controls, the shipping paper shall be:\n(1) Within his immediate reach while he is restrained by the lap belt; and\n(2) Either readily visible to a person entering the driver's compartment or in a holder which is\nmounted to the inside of the door on the driver's side of the vehicle.\n172.602(c)(1\n020250\n\n<<<PAGE 2>>>\n\nWhen the driver is not at the vehicle's controls, the shipping paper shall be:\n(1) In a holder which is mounted to the inside of the door on the driver's side of the vehicle; or\n(2) On the driver's seat in the vehicle.\nTherefore, unless the ERG in the compartment behind the drivers seat is \"readily visible\" to a person\nentering the driver's compartment, the ERG would not be maintained as required in § 177.817(e)(2).\nI apologize for any inconvenience or confusion as a result of your contact with a Hazardous Material...\nInformation Center Specialist.\nI hope this information is helpful. Please contact us if you require additional assistance:\nSincerely,\nNich\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards.\n\n<<<PAGE 3>>>\n\nRelerford\n$172.602(c)(1)\nROYALTY\nEmergency Response\nInformat iN OHIO: (513) 821-9000\nWATTS: (800) 543-7147\nTRUCKING, INC\nОНЮ WATTS: (800) 354-0434\n02 - 0250\nSeptember 11,.\n2001\nMr. Edward Mazzullo\nOffice of Hazardous Materials Standards\n400\nU.S. Department of Transportation\nwashington, D.C. 20590\n7th St. s.E.\nSuite 8422\nDear Mr. Mazzullo,\nMy name is Larry Riestenberg. I am the Safety Director and\nHazmat instructor with our company, Royalty Trucking, Inc.\ninspection,\nOn April 11, 2001\nour truck was carrying Hazardous Materials.\none of our trucks was stopped at a roadside\nthe course of the\nfor a violation of Section 172.602 of the Hazardous Materials\nthe inspector cited our driver\ninformation in the proper place. He was carrying the latest\ncode, stating that the driver did not have his Hazardous Response\ncarried in a compartment behind the drivers seat and is\nedition of the Emergency Response Guidebook.\nThis book was\naccessable to the driver when he is in the driver seat and\nsecured by his seatbelt. The truck is a newer Peterbilt with\nand the sleeper area.\nno bulkhead between the driver compartment\nWe received a notice of apparent violation and intent to assess\na forfeiture of $382.50 for this apparent violation.\nforfeiture from the Public Utilities Commission of Ohio with\nassessment, requesting a conference by telephone.\ngiven a choice of paying the fine or if we disagreed with the\nat 3:00 P.M. My conference was with Alla Magaziner of the Civil\nI requested a conference and it took place on September 10, 2002\nForfeiture Division of P.U.C.O. Her interpretation of this\nto Emergency Personnel in case of an accident. I disagreed\nshould be carried out in the open so that it would be accessable\nIt clearly states that Emergency Response information should\nwith her, telling\nher that in my interpretation of this section.\n588 W. SEYMOUR AVE. • CINCINNATI, OHIO 45216\n\n<<<PAGE 4>>>\n\n(2)\nthem accessable to the driver\nbe treated the same as The Shipping Papers, which is to have\nHis ERG and shipping papers were both accessable.\nwhen he is restrained by his seat\nsaid that she was right and I was wrong.\nThe appeal\nis in the form of\nhearing before the Public\nSo I requested an\nUtilities Commission.\nasked the representative for\nThis morning I contacted the Hazardous Materials hotline and\nagreed completely with my interpretation of this section of\nan opinion on this matter.\nthe code.\nthat the agent for the P.U.C.O. was taking the meaning\nHe said that we were totally in compliance with the\ninterpretation in writing so that I could use it for my appeal.\nof this section out of context. I\nasked if I could get his\nHe told me that I would have to request a written interpretation\nin the form of a written request to your office.\nfrom the conference.\nThe appeal hearing could be scheduled any time after 30 days\nI would like to have this opinion in writing to use at this\nappeal hearing if possible.\nThank You for Your Cooperation\nSincerely,\nTany eatentry,\nSafety Director\nRoyalty Trucking, Inc.\n588 W. SEYMOUR AVE.\nCINCINNATI, Ohio\n45216","truncated":false,"body_characters":5789}