{"operation":"document","citation":"02-0272","title":"Johnson Trucking — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-22","effective_on":null,"summary":"02-0272 response to Johnson Trucking concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0272.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0272.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0272","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020272.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nOffice of the\nChief Counse\n400 Seventh SI. S.W\nWashington DC 20590\ndministratior\nVIA FACSIMILE AND ORIGINAL BY CERTIFIED MAIL\nNOV 22 2002\nKenneth A. Miller, Esq.\nAttorney & Counselor at Law\nP.O. Box 1283\nWilliams, California 95987\nRe: California Highway Patrol Citation of 49 C.F.R. § 173.24(b)\nDear Mr. Miller:\nYour October 11, 2002 letter addressed to Mr. Ed Mazzullo, Director, Office of\nhas been forwarded to me for response.\nHazardous Materials Standards (OHMS), Research and Special Program Administration (RSPA)\nIn your letter, you described a contractual relationship between your client, Harry L.\nJohnson Trucking (Johnson Trucking), and Richard Hancock (Mr. Hancock). Subsequently,\nyour client provided OHMS with a copy of the contract between Johnson Trucking and\nMr. Hancock, as well as a copy of a citation issued by the California Highway Patrol arising out\nMr. Hancock's transportation of aqueous ammonia solution in trailers furnished by your client.\nYou asked whether, in the fact situation you described, your client would be considered\nto be a \"hazmat employer\" and whether Mr. Hancock would be considered to be a \"hazmat\nemployee.\" The definitions of \"hazmat employer\" and \"hazmat employee\" are contained in\n49 CFR § 171.8. Based on the information you provided, it appears that your client is a hazmat\nemployer, at least with regard to its own employees. It also appears that Mr. Hancock is a\nhazmat employer as an \"owner-operator of a motor vehicle which transports hazardous materials\nin commerce.\"\nThe issues of whether your client is an employer of Mr. Hancock or whether Mr. Hancock\nis an independent contractor would be determined by State law. Those issues would require\nresolution before determining whether your client is a \"hazmat employer\" of Mr. Hancock.\nRSPA is not able to make that determination, nor can we interpret the terms of the contract\nbetween your client and Hancock. RSPA does not act as fact-finder with regard to the California\nenforcement proceeding, nor does RSPA review an administrative or iudicial enforcement .\nproceeding.\n020272\n\n<<<PAGE 2>>>\n\n2\nI hope this information has been helpful. If you have further questions on the regulatory\nrequirements, you may contact Mr. Del Billings in the Office of Hazardous Materials Standards\nat (202) 366-8553.\nSincerely,\nKari V. Christian\nfir\nEdward H. Bonekemper, Il\nAssistant Chief Counsel for Hazardous Materials\nSafety\n. CC:\nPaul Horgan\nCalifornia Highway Patrol\n\n<<<PAGE 3>>>\n\nof Transportatior\nS. Department\nOffice of the\nChief Counsel\nWashington DC 2059(\n400 Seventh Si. S.V\nVIA FACSIMILE AND ORIGINAL BY CERTIFIED MAIL\nNOV 22 2002\nKenneth A. Miller, Esq.\nAttorney & Counselor at Law\nP.O. Box 1283\nWilliams, California 95987\nRe: California Highway Patrol Citation of 49 C.F.R. § 173.24(b)\nDear Mr. Miller:\nYour October 11, 2002 letter addressed to Mr. Ed Mazzullo, Director, Office of\nHazardous Materials Standards (OHMS), Research and Special Program Administration (RSPA)\nhas been forwarded to me for response.\nIn your letter, you described a contractual relationship between your client, Harry L.\nJohnson Trucking (Johnson Trucking), and Richard Hancock (Mr. Hancock). Subsequently,\nyour client provided OHMS with a copy of the contract between Johnson Trucking and\nMr. Hancock, as well as a copy of a citation issued by the California Highway Patrol arising out\nMr. Hancock's transportation of aqueous ammonia solution in trailers furnished by your client.\nYou asked whether, in the fact situation you described, your client would be considered\nto be a \"hazmat employer\" and whether Mr. Hancock would be considered to be a \"hazmat\nemployee.\" The definitions of \"hazmat employer\" and \"hazmat employee\" are contained in\n49 CFR § 171.8. Based on the information you provided, it appears that your client is a hazmat\nemployer, at least with regard to its own employees. It also appears that Mr. Hancock is a\nhazmat employer as an \"owner-operator of a motor vehicle which transports hazardous materials\nin commerce.\"\nThe issues of whether your client is an employer of Mr. Hancock or whether Mr. Hancock\nis an indépendent contractor would be determined by State law. Those issues would require\nresolution before determining whether your client is a \"hazmat employer\" of Mr. Hancock.\nRSPA is not able to make that determination, nor can we interpret the terms of the contract.\nbetween your client and Hancock. RSPA does not act as fact-finder with regard to the California\nenforcement proceeding, nor does RSPA review an administrative or judicial enforcement\nproceeding.\n\n<<<PAGE 4>>>\n\n2\nI hope this information has been helpful. If you have further questions on the regulatory\nrequirements, you may contact Mr. Del Billings in the Office of Hazardous Materials Standards\nat (202) 366-8553.\nSincerely,\nKari V. Christian\nfor\nEdward H. Bonekemper, III\nAssistant Chief Counsel for Hazardous Materials\nSafety\nCC:\nPaul Horgan\nCalifornia Highway Patrol\n\n<<<PAGE 5>>>\n\nSent By: HP LaserJet 3100;\n5301732758;\nOct. 16.02 10:07AM;\nPage 2iл\n•\n:\nLAW OFFICES OF KENNETH A. MILLER\nKenneth (Ken) A. Miller\nAttorney & Counselor at Law\nP.O. Box 1283\nTELEPHONE (530) 473-2758\nWilliams, California 95987\nOCTOBER 11, 2002\ningrum\nSENT VIA FAX\n(202) 366-3012\nDefinitions\nEDWARD MAZZULLO\n02-0272\nDirector, Office of Hazardous Material Standards\nUnited States Department of Transportation\n400 7% Street SW\nWashington, D.C. 20590\nRe:\nInterpretation of 49 CFR § 171.8 - Hazmat Employee and Hazmat Employer\nDear Mr. Mazzullo:\nIropresent Harry and Elizabeth Johnson of Live Oak, California, who are doing business as Harry\nJohnson Trucking. The company is a general hauler of commodities as well as licensed to transport\nhazardous materials.\nCurrently, they are being prosccuted for a violation of California law which specifically charges a\nviolation of 49 CFR 173.24(b).\nAt issue in the current case is whether or not the Johnsons were \"hazmat employers\" and whether\nor not the driver of the combination of' vehicles at the time of the alleged violation was a \"harmal\nemployee\" of the Johnsons.\nHere is a factual scenario of the chain of events:\nOn April 4, 2001, one Richard Hancock (Hancock) entered into a \"Suh-hauler and Trailer\nRental Agreement\" with Harry L. Johnson Trucking (Johnsons). (A copy of that agrecment is\nattached hereto for your review). That agreement sets forth the terms and conditions that Hancock\nwas to follow.\nDuring the course of the above agreement, Hancock would receive dispatch calls from Big\nValley Agricultural Services to pick-up and deliver fertilizer and other agricultural products. Such\ndispatch calls would not comc from Johnsons.\nHancock used his own truck-tractor as the power unit. Johnsons leased two tank trailers to\nllancock for a fee.\n\n<<<PAGE 6>>>\n\nSent. By:\nHP LaserJet 3100;\n5304732758;\nOct -16-02 10:07AM;\nPage 3/4\nHancock was insured under his own liability insurance policy\nHancock maintained his own California Public Utilities permit # CA 11168.\ncarry Worker's Compensation Insurance.\nHancock stated under penalty of perjury that he did not have employees and therefore did not\nHancock was not under the supervision of Johnsons.\nFor a fee, Johnsons would bill the agricultural companies for the transport of the products\nshipped, and from the accounts received, Johnsons would deduct monies for the fuel Hancock\ncharged to their fuel account, parts that Hancock charged to their parts/scrvice account, and monthly\nrental fee for the trailers. The remainder, and majority of the monies were sent directly to Hancock\nOn April 23, 2001, Hancock was dispatched by Big Valley to pick up a load of Aqueous\nAmmonia Solution (UN 2672) at Butte County Rice Growers Association (BUCRA) in Richvale;\nCalifornia and transport it to a farm in Robbins, California.\nHancock drove his truck-tractor pulling the leased trailers to Richvale, loaded the trailers and\nbegan his drive to Robbins, approximately one (1) hours travel time. At Gridley, California,\napproximately ½ hour into his trip, Hancock was stopped by the Califomia Highway Patrol.\nDuring the subsequent stop, the CHP officer alleges he detected the odor of ammonia\nemanating from the combination of vehicles. He staled that he subsequently discovered that some\nliquid was \"spewing\" from a pipe on the top of the second trailer. The officer declared the situation\nto be a hazardous material spill incident and called for the fire department and hazardous materials\nteam. Residents and businesses in the area were told to evacuate the area.\nDuring the course of time while all of the support agencies were responding, and after the\nhazardous materials team made entry onto the alleged leaking trailer, they discovered that the trailer\nwas not leaking at that time. They did observe approximately 2 to 3 inches of liquid pooled in a\nrevetment which surrounded the fill hatch of the trailer. They classified the amount of liquid as a\n\"very minimal\" amount. This liquid was absorbed utilizing kitty litter. Johnson, being licensed to\nwhere he used it as fertilizer.\ndispose of hazmat waste, removed the Aqueous Ammonia Solution soaked kitty litter to his garden\nThe combination of vehicles was eventually moved to Big Valley Agricultural Services where\nthe product was partially unloaded into another vehicle. While moving the vehicle to the unloading\nsite, because the officer and the hazmat team had unlatched the filler cap and failed to secure that\ncap prior to moving the vehicle, approximately 20 to 30 gallons of Aqueous Ammonia Solution\nspilled out of the trailers and onto the ground. This spill was not contained by the hazmal tcam, nor\nwere any residents or businesses in the surrounding area evacuated.\nMy questions to you are these -\nto be a \"hazmat employer\"?\nWere the Johnsons, under this scenario, as per 49 CFR 171.8 definitions, considered\nWas Hancock a \"hazmat employee\" under the definition specified in 49 CFR 171.8?\n\n<<<PAGE 7>>>\n\nSent®By: HP LaserJet 3100;\n5304732758;\nOct -16-02 10:07AM;\nPage 4/4\nIt is my opinion that Hancock was working as an \"independent contractor\" and as such is\ncotally responsible for any alleged spill, violations of California law or violations of the Code of\nFederal Regulations, specifically 49 CFR. Johnsons were merely the lessors of' a set of tank trailers,\nhaving no supervisorial powers over Hancock.\nI am currently calendared to appear on this matter to argue special jury instructions on\nNovember 4, 2002 at 1:30 p.m. Any information or clarification as to this matter before that date\nwould be greatly appreciated.\nI look forward to hearing from you in the immediate future. If you are in need of additional\ninformation, please contact me at (530) 473-2758\nBene Mele\nAttorney at Law\n\n<<<PAGE 8>>>\n\nHARRY Lo. JOUNSON TRICKING\n. 3814 Sandars-Road\nLive Oak, Callfornia\n95953\nC*# 020160\nPINI: 530-673-1021\nSUBHAULER AND TRAILEK RENTAL AGLEE-ENT\nBY AND BETWEEN:\nTHIS AGAELIET INTERED INTO MIS 4 MAY OF 4\n,7900\nPETHE GABRIEK\nBARRY L JOUNSOL MUCKING\n3814 Sanders Road\nPERNTI: G.A # 020160\nLive Oak, California 95953\nAND SUNILAULAR::\nNAME: R. Hancock\nBUSINESSR. HAncOCK TRUCKINK\nFED. TDA\nCA* 111168\nYuba City CA..\nADDRESS P.O. Box 18SS\nAGREE AS FOLLOWS:\nI. TIE PRINE CARRIER AND SUBLAULER AGREE TINI AS AN INDEPENDENT\nAGRICULTURAL, PRODUCIS, AND/OR GENERAL FREIGHT COMODITIES UNDER\nCOHTRACTOR, SUBHAULER SIALL FROM TIME TO TINE TRANSPORT FERTILIZER,\nSUILAULER'S CALIFORNIA PUBLIC UTILITIES AUTORITY.\nREPRESENTED BY TIE ABOVE CA.\n2. IHE SUNLAULER HARRANTS AND REPRKSENTS MIAT TUE OPERATING AUTIORITY\nIN GOOD STANDING WIT THE GAIFORNIA PUDLIC ITILITIES COMMISSION,\nNUMBER HAS BEIN FILEU, APPROVED AND IS\nIF SUBHAULER'S OPERATING AUTIORITY EXPIRES OR IS REVOKED DURING TIE\nLIFE OF THE SUMULER AGREENT, SAID AGREENT MAY BE VOIDED BY\nPRIME CARRIME UION WRITTEN NOTICE TO SUBIAULER.\nCONTRACTOL OF NOTORIZED QUIPILET CAPABLE AND SUITALE FOR HAULING\n3. THE SUIAULER NARRATES AND REMESIS THAT ME IS MIE OWNER AND\nTHE COMDODITIES FAMED ALOVE LOADED TO LAXIMUM CAPACITY. SUTHAULDE\nWARRANTS THAT NTS BOUIPMENT IS IN GOOD WORKING CONDITION AND STATE\nOF REPAIR AND TILAT HE WILT. PERPORN AT HIS EXPENSE, THE NECESSARY\nREPAIRS IO NALITAII! INE EQUIIRENT IN GOOD OLDER AND RUNNING CONDITION\nSCIDULE 4, ATTACHED HELLITO.\nWIILE THIS AGREENENT IS IN EFFECT. SUCIT EQUIPMENT IS DESCRIBED IN\n4. THE SULLAULER, IT'S AGENTS AND IIVERS ARE NOT FHITLOYEES OF\nPRIME CAKRIER STALL UE AS AN INDCPENDETT CONTRACTOR,\nIHE PRIDE CARRIN: AND ALL SERVICES PERFORTED DY SUDLAULER FOR THE\n\n<<<PAGE 9>>>\n\nHARRY 1. JOHNSON TRUCKING\n3814 Sanders Road\nLive Oak, California\n95959\n•\n5. ALL EXPENSES RELATED TO OR THCIDENT TO OPERATION OF TIE SUBLAIER'S\nMOTORIZED TRACTHE (FUET, OIL, TIRES, PATROLL, COSIS, FIG.) SHALL BE\nSUBLADLER'S EXPENSES.\nINSURANCE ON HIS EQUINENI AT AlL. TIES WITIL A MINIMUM AMOUNI OF\n6. SUBAULER SUAL. MAINTATH FUDLIC LIABILITY AND PROPERTY DAMACE\nREQUIRED EY DIE DINU AND TIE I.C.C.) DADILY INJURY AND FROPERIY\n$1,000,000.00 COMBINED SINGLE LIMIIS (OR HIGHER LIMITS AS MAY BE\nHARMLESS THE TRINE CARRIER AGAINSI ANY AND ALL SUITS, ACTIONS, CLAIMS,\nDAMAGE PER OCCURRENCE. FURTIER, SUBIAULER SIALL INDEMNITI AND IOLD\nGOSTS OF, AND EXPENSES TH CONNECTION WITI ANY INJURY, DEATI AND OR\nDAMAGE ARISING FROM OPERATION OF SUBILAULER.\n1. II IS AGREEN THAT IHE SUNLAULER SHALL NAME HARRY L. JOLINSON\nTRUCKINK AS AN ADDITIONA, MAED INSURED TO. TINIE POLICY.\n8. PROOF OF THE ACOVE INSURANCE COVERAGE HUST BE FROVIDED IO MIE\nCARRIFE.\nTRIME CARRIE BEFORE ANY SUDANER CAN BEGIN HAULING FOR TIE PRIME\nOR CHANGE JH SATD INSURAHCE COVFRAGF..\n9. SUMIAULER SIALI, GIVE L'RINE CARRIER 15 DAYS NOTICE OF CANCELLATIOH\nTIE PRIME CARRIER SHALL PAY THE RATE PUND ERPS DUE TO TIE P.U.C.\nAHOUNT FRIS PAYHET TO SUILIER. MME CARRIER HILL ISSUE FEE PAIN\nON TRANSPORTATION SERVICES PERENAHED BY TIE SUMAULER AND DEDUCT LIKE\nSTATEMENTS ON A QUARTERLY BASIS.\nA RATE DETERNINED ON A PER LOAD MASIS FOR SATO DISPATCIING SERVICES.\nTHE PRIME: CARRIE! SIALL ACT AS THE DISPATCHING AGENI AND CHANGE\n12. IP ANY OF THE IPENS AND CONDITIONS OF THIS AGREEMENI ARE VIOLATED\nMIB PRIME CARRIEK HAY VOID THE SODIAUT, ACRESIS IMHEDIATELY UPON\nDECEMBER 31, 2D-=.\nWRITTEN NOTICE. IN ALI. CASES THIS AGREEHENT WILJ. IRMINATE ON\nSUITABLE TRAILAIL EQUITENT FOR ME IRANSPORTATION SERVICES RENDERRD.\n13. PRIME CARIER SILATJ, HAKE AVAILABLE FOR MIF USE OF SUMFAULER\nDETERMINED BY THE DISPATCHER.\nTHIS TRAILE EQUIRE CHAT.I, BE NADE AVAILAELE TO TIE SUBLAULER AS\n14. FOR USE OF SAID TRAINES, PRINE CARNIER SHALL CHARGE A TRAILER RENT\nFEE AT THE RATE DETERHINED ON A TER LOAN BASIS. IN CASE OF REVENUP.\nEARNED FROM RULING FOR HARRY I. JONSON TRUCKING, HAULER SALL DEDIKT\nSTATED RATE AS RENT MEIOR TO PAYHENT OF SUBLAULER.\n15. MR SUNDAULER WILL. MOVIDE INIDPHCIPIED IRAIT.PT INSURANCE FOR\nTRAILERS OHMED OR PASE DY HARRY T,. KHINSON TRUCKING OR ANY TRAILERS\nLIMITS ARE TO BE TIE SANE AS IN PARAGRAM \"6\".\nUSED WILL: OPERATING AS A SURIATER FOR HARRY L. JOHNSON TRUCKING,\nCOVER BOIII UNTNENTIPIEN SHIT-TRAILERS AND PULA-THAILERS. THE SUBILAUTER\nMIS INSURANCE SHALI.\nSHALL COHPENSATE TIF MITHE CARRIER FOR AL. WINGIBLES OF ANY AND AL.I.\nTAN HIS A LAPORTOO\n\n<<<PAGE 10>>>\n\nHARRY I. JOHNSON TRUCKING\n3814 Sanders Road\nLive Oak, California 95953\n15. cout.\nFIRE & MIKET ON UMIDENTITED SEE AND MI, TRAILERS. SUBHAULERS SIMIA,\nFURTHURHORE, SHILALERS SHALL, BE RESPONSIILE FOR COLLISION,\nDOLLAKS ($20,000.00) PER CONBIRATTON IM OCCURRENCE.\nPROVIDE CARCO INSURANCE IM THE MIN OR POT LESS MAN TWENTY MOUSAND\nTHE SUHAULER IS RESINSIRE FOR CHECKING ALL TRAILERS AND\nL. JOINSON TRICKTHE SHALL BE THE RESIYNGIBILTTY DF THE SUBILAULER.\nVIOLATIONS HE HAY HECIVE MILLE IN OPERATION OF SAID TRAILERS AND\n17. TOE SUADER IS TO ASSTRE AND RE RESPONSIALE FOR ALL TRAFFIC\nEQUILMENT.\nCARRIER MAY DECLARE THE AGREMENT TERHTNATEN.\n18. IF SUBER HOTTES ANY OF THE A CONDITIONS, THE PRIME\n19. THIS AGREEHENT MAY NE TERMINATED BY TIE PRINE CARRIER OR\nFURTHUR AGREES: SHOUT.\" TILS AGKREMENT TF TERMINATED, TO RETURN\nSUBHAULER BY GIVING THE OTHER PIFTEEN PAYS WRITTEN NOTICE. - SUBILA!R\nTRAILERS AND OR EQUTPHENT TO PRIME CARRIES TRUCKING FACILITY.\nIN\n20.\nTHE SUBAHULER AND TRAILER RENTAL AGREINENT.\nTHE SUBHAILER HAS SIGNED AND AGREED TO ALL TERMS STIPULATED\nAN ATTORNEY TO COLLECT ANY NOMIES INE THE PRIME CARRIER UNDER TILIS\n21. IN THE NVENT IT BECCHIES NECESSARY TO INSTITUTE SUIT OR EMPLOY\nAGREEMENT OR ANY MODTETCATION TEROP, SUBALER AGREES TO PAY ALL\nCARRIER.\nCOURT COSTS AND REASONAILE ATIURNEY'S FEES SO INCURRED DY PRIME\nPRIME CARRIER:\nS BILADLER:\n•. JOINSON TRUCKING\nn: Real duces 6.\n3\n\n<<<PAGE 11>>>\n\nMEOTONA HACHMAY PATROL LASDEMENIOR\nstane\n59691NW\nasoı zş 0\nhoBox orer\nHancocim\nMezateth/ Harod Johuso1 i\n3814 Sanders Rd\nLI Semo șa Dime\nLave Oct\nG §siss\n7-000\n571437 34506 BNC I3CCRHB3d)\n• BYACFR(73.24b) Cargo Jank leakıng\n• D AMMonIa Solutions 8, UNZ6TZ\nBinia tounshue R\n50240 гі\nscrate\narla emety rin end\n123(21→\nana teiteuke\nLOCEJ\nXeunm fOGO, VC11\nAD\nWHAT TO DO:\nWHEN:\nDATE STaTeg\nWHERE:\nТися\nPentrauos\nMONENO: DraxilleG\nEte barathed\nTole maen or to il to cent a toper a e\nnighe =\n51384, 40802\nTRO\n13500\n\n<<<PAGE 12>>>\n\n• Sent ,By: HP LagerJet 3100;\n5301733758;\nOct •16.02 10:07AM;\nPage 3/1\nLAW OFFICES OF KENNETH A. MILLER\nKenneth (Ken) A. Miller\nAttomey & Counselor at Law\nP.O. Bux 1283\nTELEPHONE (530) 473-2758\nWilliams, California 95987\nOCTOBER 11, 2002\nSENT VIA FAX\nsangrum\n(202) 366-3012\nDefinitions\nEDWARD MAZZULLO\nDirector, Office of Hazardous Material Standards\n02-0272\nUnited States Department of Transportation\n400 7% Street SW\nWashington, D.C. 20590\nRe:\nInterpretation of 49 CFR § 171.8 - Hazmat Employee and Hazmat Employer\nDear Mr. Mazzullo:\nI represent Harry and Elizabeth Johnson of Live Oak, Califomia, who are doing business as Farry\nJohnson Trucking. The company is a general hauler of commodities as well as licensed to transport\nhazardous materials.\nCurrently, they are being prosccuted for a violation of California law which specifioally charges a\nviolation of 49 CFR 173.24(b).\nAt issue in the current case is whether or not the Johnsons were \"hazmat employers\" and whether\nor not the driver of the combination of vehicles at the time of the alleged violation was a \"hazmat\nemployee\" of the Johnsons.\nHere is a factual scenario of the chain of events:\nOn April 4, 2001, one Richard Hancock (Hancock) entered into a \"Sub-hauler and Trailer\nRental Agreement\" with Harry L. Johnson Trucking (Johnsons). (A copy of that agremont is\nattached hereto for your review). That agreement sets forth the terms and conditions that Hancock\nwas to follow.\nDuring the course of the above agreement, Hancock would receive dispalch calls from Big\nValley Agricultural Services to pick-up and deliver fertilizer and other agricultural products. Such\ndispatch calls would not com from Johnsons.\nHancock used his own truck-tractor as the power unit. Johnsons leased two tank trailers to\nIlancock for a fee.\n\n<<<PAGE 13>>>\n\nSent By: HP LaserJet 3100;\n5304732758;\nOct-16-02 10:07AM;\nPage 3/4\nHancock was insured under his own liability insurance policy\nHancock maintained his own California Public Utilities permit # CA 11168.\nHancock stated under penalty of perjury that he did not have employees and therefore did not\ncarry Worker's Compensation Insurance.\nHancock was not under the supervision of Johnsons.\nFor a fee, Johnsons would bill the agricultural companies for the transport of the products\nshipped, and from the accounts received, Johnsons would deduct monies for the fuel Hancock\ncharged to their fuel account, parts that Hancock charged to their parts/scrvicc account, and monthly\nrental fee for the trailers. The remainder, and majority of the monies were sent directly to Hancock\nOn April 23, 2001, Hancock was dispatched by Big Valley to pick up a load of Aqueous\nAmmonia Solution (UN 2672) at Butte County Rice Growers Association (BUCRA) in Richvale,\nCalifornia and transport it to a farm in Robbins, California.\nHancock drove his truck-tractor pulling the leased trailers to Richvale, Jualed the trailers and\nbegan his drive to Robbins, approximately one (1) hours travel time. At Gridley, California,\napproximately ½ hour into his trip, Hancock was stopped by the Califomnia Highway Patrol.\nDuring the subsequent stop, the CHP officer alleges he detected the odor of ammonia\nemanating from the combination of vehicles. He stated that he subsequently discovered that some\nliquid was \"spewing\" from a pipe on the top of the second trailer. The officer declared the situation\nto be a hazardous material spill incident and called for the fire department and hazardous materials\nteam. Residents and businesses in the area were told to evacuate the area.\nDuring the course of time while all of the support agencies were responding, and after the\nhazardous materials team made entry onto the alleged leaking trailer, they discovered that the trailer\n• was not leaking at that time. They did observe approximately 2 to 3 inches of liquid pooled in a\nrevetment which surrounded the fill hatch of the trailer. They classified the amount of liquid as a\n\"very minimal\" amount. This liquid was absorbed utilizing kitty litter. Johnson, being licensed to\ndispose of hazmat waste, removed the Aqueous Ammonia Solution soaked kitty litter to his garden\nwhere he used it as fertilizer.\nThe combination of vehicles was eventually moved to Big Valley Agricultural Services where\nthe product was partially unloaded into another vehicle. While moving the vehicle to the unloading\nsite, because the officer and the hazmat team had unlatched the filler cap and failed to secure that\ncap prior to moving the vehicle, approximately 20 to 30 gallons of Aqueous Ammonia Solution\nspilled out of the trailers and onto the ground. This spill was not contained by the hazmal tcam, nor\nwere any residents or businesses in the surrounding area evacuated.\nMy questions to you are these -\nWere the Johnsons, under this scenario, as per 49 CFR 171.8 definitions, considered\nto be a \"hazmat employer\"?\n2.\nWas Hancock a \"hazmat employee\" under the definition specified in 49 CFR 171.8?\n\n<<<PAGE 14>>>\n\nSent\nBy: HP LaserJet\n3100;\n530473275B;\nOct-16-02 10:07AM;\nPage 4/4\nIt is my opinion that Hancock was working as an \"independent contractor\" and as such is\ntotally responsible for any alleged spill, violations of California Law or violations of the Code of\nFederal Regulations, specifically 49 CFR. Johnsons were merely the lessors of'a sot of tank trailers,\nhaving no supervisorial powers over Hancock.\nI am currently calendared to appear on this matter to argue special jury instructions on\nNovember 4, 2002 at 1:30 p.m. Any information or clarification as to this matter before that date\nwould be greatly appreciated.\n1 look forward to hearing from you in the immediate future. If you are in need of additional\ninformation, please contact me at (530) 473-2758.\nBatht. Melen\nAttorney at Law\n\n<<<PAGE 15>>>\n\nInterpretadion Letters\nRequester\nKenneth A. Miller\nDate Received: 10/23/2002\nCompany\nLaw Offices of Kenneth A. Miller\nTracking Number: 02-0272\nPhone\n(530) 473-2758\nRevision Date: 10/23/2002\nDate Assigned\n10/23/2002\nDate of Letter 10/16/2002\nStaff\nEngrum\nFirst Draft Due: 11/13/2002\nSection\n171.8\nFirst Draft Date:\nSubject\nDefinitions\nConcurrence\nStatus\nStatus Date\nSign Date\nSignor\nHBP\nCopy to Docket\nCopy to DHMM-60\nComment\nCalled 10/30/02-Reg. copy of cilation t\nWisette Pental Agenest\n!.....\n1/22/02\net signed lu\ndetermination letter trang\nto Legal - Chinted a\nETm (Sce Grid)\n\n<<<PAGE 16>>>\n\n•\n•\n•\nILARRY L. JOLINSON TRICKING\n. 3811 Sahdars-Road\nLive Oak, Callfornia\n95953\n•\nCz# 020160\nTINE 530-673-1071\nSUBIAULER AND IRAILER RENTAL AGREEMENT\nBY AND BETWEEN:\nTHIS ACKBEET INTERED INTO THIS 4 MAX OF 4\n_ 1900\nPRINE CABRIE\nHARRY L. JOINSON DUCKING\n3814 Sanders Road\nPERMIT: G. A # 020160\nLive Oak, California 95953\nAND SUNLAULEI:\nNAME: R. Hancock\nBUSINESSR. Hancock TRuCKINK\nFED. ID#_\nCA* 1168\nADDRESS P.O. Box 185S\n_ Yuba SIX CA.\nAGREE AS FOLLOWS:\n1. THE PRINE CARRIER AND SUBIAULEI AGRER TIAT AS AN INDEPENDENI\nCONTRACTOR, SUBHAULER SIAL, FROM TINE TO TIME IRANSPORT FERTILIZER,\nAGRICULTURAL PRODUCIS, AND/OR GENCILAL FREIGIT COMODITIES UNDER\nSUMIAULER'S CALIFORNIA PUBLIC UTILITIES AUTORITY.\nREPRESENTED BY THE ABOVE GA.\nTHE SUBLAULEK HARRAVIS AND RAPKRSENTS TIAT THE OPERATING AUTIORITY\nNUMBER HAS BEEN FILED, APPROVED AND IS\nIF SUBIIAULER'S OPERATING AUTIORITY EXPIRES OR IS REVOKED DURING THIE\nIN GOOD SADL HITE THE CALIFORNIA PUBLIC UTILITIES COMISSION.\nLIFE OF TIE: SUMIULER AGREENINT, SAID AGREEIENT MAY BE VOIDED BY\nPRIME CARRIER UPON HRITTEN NOTICE TO SUBTIAULIR.\n3.\nTHE SUCHAULE! WARNAMES AND REPESETS THAT HE IS THE OWNER AND\nCONTRACTOL OF NOTORIZED QUIET CAPABLE AND SUITABLE FOR HAULING\nTHE COMODITIES MAHEN ABOVE LOADED TO LAXTHUN CAPACITY. SUBHAULER\nWARRANTS THAT HIS QUIPENT IS IN GOOD WORKING CONDITION AND STATE\nOF REPAIR AND THAT HE WILT, PERFORM AT HIS EXPENSE, THE NECESSARY\nREPAIRS IO MALITIAII! INE EQUIIENT IN GOOD OLDER AND RUINING CONDITION\nSCHLEDULE d, ATTACHED HERETO.\nWILLE THIS AGREENINT IS IN EFFECK. SUCI EQUIPMENT IS DESCRIBED IM\n4. THE SULIAULER, IT'S AGENTS AND IIVERS ARE NOT IMPLOYEES OF\nTHE IRIME GRIM AND ALL SERVICES PERFORTED DE SUCIULER FOR THE\nPRIME CARTER STALE DE AS AN INDEPENDENT CONTRACTOR.\n\n<<<PAGE 17>>>\n\nHARRY I. JOHNSON TRUCKING\n3814 Sanders Road\nIlve Oak, California\n95959\n5. ALL EXPENSES RELATED•TO OR TACTDENT TO OPERATION OF TIE SUNAILER'S\nMOTOBIZED TRACTOR (FUtl., OIl, TIRES, PAYROLL COSTS, ETC.) SHALL BE\nSUBIAULEK'S EXPENSES.\nG. SUBAILER SIALI. MAINIAIN FUDLIC LIABILITY AND PROPERTY DAMAGE\nINSURANCE ON HIS EQUIINENI AT ALL. TIMES HITTI A MINIMUM AMOUNT OF\n'EQUIRED BY DIE DIMV AND MIE I.C.C.) DADILX INJURY AND PROPERTY\n2,000,000.00 COMBINED SINGLE LIMITS ( OR HIGHER LIMITS AS MAY BI\nDAMAGE PER OCCURRENCE.\nHARMLESS THE PRIME CARRIER AGANST ANY AND ALL SUIIS, ACTIONS, CLAINS,\nFURMIER, SUBALLER SIAL INDENIFY AND 1O1.D\nDAMAGE ARISING FROM OPERATION OF SUNLAULER.\nGOSTS OF, AND EXPENSES TH CONNECTION WITI ANY INJURS, DEAT AND OR\n7. IT IS AGRREN TIAT THE SUELAULER SHALI, NAME HARRY L. JOLINSON\nIRUCKING AS AM ADVITIONAI, HAMED INSURED IO. MIKIR POLICI.\nB. PROOF OF TIE ACOVE INSURANCE COVERAGE AUST DE FROVIDED IO TIE\nCARRIER.\nPRIME CARRIER TEFOLE ANY SULATER CNA BEGIN LAULING FOR THE PRIME.\nOR CILANGE IN SATD INSURANCE COVFRAGE.\nSUMIAULER, SIALI. GIVE ININE CARRIER 15 DAYS NOTICE OF CANCELLATIOH\nTIE PRINE CARIER SHALL PAY THE RATE FIND PRES DUE DO THE P.U.C.\nAHOUNT FROM PAYHENT TO SUNILER MIME CARRTER HILL ISSUE FEE PAID\nON TRANSPORTATTON SERVICES PERFORED BY TE SUBIAULER AND DEDUCI JIKE;\nSTATEHENTS ON A QUITERIY BASIS.\nA RATE DETERMINED ON A PER LOAD MASIS FOR SATD DISPATCUING SERVICES.\n11. TIE PINE CARRIER SIALL ACT AS THE DISUATCHING ACENT AND CHANGE\nTIE IRIME CARRIEK HAY VOID THE SUDIAUT. AGREEIT IMHEDIATELX UPON\n12. IR ANY OF TIE TERES AND COHDITIONS OF THIS AGREEMENT ARE VIOLATED\nWRITTEN NOTICE. IN N.I. CASES THIS AGREEHENT HIJ. TERMINAIE ON\nDECENTER 31, 20-=.\nSUITABLE INAILAIL EQUIIENT FOR IE TRANSFORTATION SERVICES RENDERED.\n13. PRIME CARRIER SILALJ, MAKE AVAILABLE FOR MIF USE OF SUBHAULER\nDETERMINED DY TIE DISIATCHER.\nTHIS IRAILE EQUIPENT CHATT BE NADE AVAILAELE TO THE SUBIAULER AS\n14. FOR USE OF SAID TRAILERS, PRIME CARRIER SHALL CHARGE A IRAILER RENT\nFEE AT TIE RATE DETERHINED ON A EER LOAN BASIS. IN CASE OF REVENUE\nEARNED FROM MAULING PH HARRY I. JOINSON TRUCKIN:, HAULER SHALL DEIRT\nSTATED RATE AS RENT PRIO TO PAYMENT OF SUBILAULER.\n15. THE SURIAULER WILL. MOVIDE ITNIDENTIYTED TRAITRE INSURANCE FOR\nUSED MILLE: OPERATING AS A SUMIAITER FOR HARRY L. JOHNSON TRUCKING,\nTRAILERS ONED OR 1RASED BY HARRY I.. KINSON TRUCKING OR ANY TRAIIERS\nLIMITS ARE TO IF THE SAND AS IN PARACRAM \"6\". MIIS INSURANCE SHAL.I.\nCOVER BOTH UNTDENTIFIED SHIT-TRATIERS AND PULI-THAILERS. THE SUBHAULER\nSHALL, COMPENSATE THE MRIHE CARRIER PON AJ. IMITICTIBLES OF ANY AND ALI.\n\n<<<PAGE 18>>>\n\nHARRY L. JOHNSON TRUCKING\n3814 Sanders Road\nLive Oak, California 95953\n15. cont:.\nFIRE & MIKET ON UNINNTIPTED SAI AND MULI TRAILERS. SUBNAULERS SITA,\nFURTHURHOE, SUBALERS SHALL, BE RESPONSIBLE FOR COLLISION,\nDOLLARS ($20,000.00) III COMLIRTTON OM OCCURRENCE.\nPROVIDE CARGO INSURANCE IM MIT SUM OF NOT LESS TIAN IANTY IOUSAND\n16. THE SUBHAULER IS NESSIE FOR CHECKING ALL TRAILERS AND\nEQUIPMENT PRIOR TO TIER USH. ALL SAFETY VIOLATIONS (BRAKES,\nLIGHTS, ETC.) NOT REORTED TO THE NISPATCHER DESIGNATED BY HARRY\nL. JOINSON TRICKING BHALI, BE THE RESIONIIBILTTY OF THE SUBILAULER.\nVIOLATIONS HE MAT HECEIVE MITTE IN OPERATTON OF SAID TRAILERS AND\n17. THE SUBADOR IS TO ASSINE AND RE BESPONSIBLE FOR ALI, TRAFFIC\nEQUIIMENT.\nCARRIER MAY DECLARE TIE AGREEMENT TERNATEN.\n18. IF SUBAILER MIOTATES ANY OF THE ABOVE CONDITTONS, THE PRIME\nSUBHAULSE BY GIVIN THE OTHER PIFTEEN PAYS WRITTEN NOTICE. SUBEAULAT\n19. THIS AGREIENT MAY MI: TERMINATIN BY THE PRIME CARRIER OR\nPURTHUR AGREES: SHOUT.\" MISS AGREEMENT BE TERMINATED, TO RETURN\nTRAILERS AND OR EQUIPMENT TO PRIME CARRIERS TRUCKING FACILITY.\nIN THE SUBAIULER AND TRAILER RENTAL AGREEMENT.\n20. THE SUBIAULER HAS SIGNED AND AGREED TO ALL TERMS STIPULATED\nAN ATTORNEY TO COLLECT ANY MONTES INIE THE PRIME CARRIER UNDER TITS\n21. IN THI: EVENT IT RECHES NECESSARY TO INSTITUTE SUIT OR EMPLOY\nAGREEMENT OR ANY MODJETCATION THEREOF, SUBALER AGREES IO PAX ALL\nCARRIER.\nCOURT COSTS AND REASONAMLE ATTORNEY'S\nFEES SO INCURRED DY PRIME\nPRIME CARRIER:\nSIBILADLER:\nHARRY L. JOINSON TRICKIN\nMArE: kich Hanoock\nor any Getwe\n3\n\n<<<PAGE 19>>>\n\nSTO APL\nstrese\n59691NW\n1230125\nтора\nBichend loren Hanceck\nYuba LIM\n•A ęN29\nN3349335 A\n1°44 3/28/57\nm Binizy sto\nglowlayanZNay blue z6\nezatert/Harad Johnso.\n3814 Sanders R$\nLi emo wa Direr\nLive Cam G,\n95853\n1713734506 JVC 13CCRH63Q)\nBACFR(73,24 b) Cargo Yank Leakıng\n• 0 AMMarIa\nSolute\n•8, UNZ6R\nБраки Дранок.\nB§R9E\ntünsh Re\n10 240, 20\nicenda aca ar r se peliny unde oy\nao end.\nLOGSF.\nR TELTH\nXanm tOGO, VC.\"\nt060, VE TE AO eBE\nbürdeste\nWATEN\nWHERE:\nWHAT TO DO:\nbRutsuan\nson: he or\nvakair abni\nRomna: Drovilte, O\n5000t\n4\n\n<<<PAGE 20>>>\n\n.. Elizabeth Johnson\n530-673-9049 fy\n530-673-1021 offee.\nre: interp lefter\nHarry Johnson Tac Fing Co.\nKenneth A Mill en\n02 - 0272\n(Elizabeth Johnson.)\nfax response to attorney\n530-385-1693 new telephone #\n530-228-5527 cell phone.\n(attorney 530-473-2758 old')","truncated":false,"body_characters":30199}