# North American Transportation Consultants, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 08-0128
- **title:** North American Transportation Consultants, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2008-05-29
- **effective on:** Not available
- **summary:** 08-0128 response to North American Transportation Consultants, Inc. concerning 171.8.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0128.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0128.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0128
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080128.pdf
**body:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
Mr. JP Gibbons
North American Transportation Consultants, Inc.
P.O. Box 1404
Hightstown, NJ 08520-0555
Ref. No.: 08-0128
Dear Mr. Gibbons:
This responds to your May 7,2008 letter requesting clarification on "storage incidental to
transportation" as defined in 9 171.8 in the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171 -1 80). Specifically, you request clarification on the term "driver relinquishes
possession" in the case of a private motor carrier.
You provide the following scenario: A hazardous materials shipment from Pittsburg, PA is
bound for Trenton, NJ as the final destination on the shipping paper. The shipment is stored
in a warehouse incidental to transportation in Newark, NJ. The shipment is then loaded onto
a vehicle bound for the final shipping paper destination in Trenton, NJ. You request
clarification on when transportation begins and ends during this shipment of hazardous
materials based on the scenario provided above.
Transportation begins when the hazardous material shipment is offered to the carrier and the
carrier takes possession of the shipment and continues until it is delivered to the final
destination indicated on the shipping paper, and the carrier relinquishes possession of the
shipment. If the hazardous material is transferred from one vehicle to another or placed in a
warehouse awaiting a vehicle to move it to the final destination on the shipping paper, it is
still in transportation or in "storage incidental to transportation." In the case of private motor
carriers, "driver" means all drivers used by the private motor carrier to move the hazardous
material from the shipment origin to the final destination noted on the shipping paper.
I hope this answers your inquiry.
chief, Standards Development
Office of Hazardous Materials Standards

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MQY. 7.2888 2:09PM NRTC INC.
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Chief, Hattie b. Mitchell * , I ( ,
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Regulatory Review and Relnvention
Office of Hazardous Materials Standards
Pipeline and Hazardous Materials Safety Administration
4 171.8
-a& vl;hofl5
R E Request For Interpretation 171.8
I would like a clarification on the following scenario concernlng compliance with 171.8 and the meaning
of "Storage incidental to movement of a hazardous materlal". Specifically there is some confusion on
the use of the term "driver relinquishes possession" In the case of a private motor carrier,
A hazerdous material is offered for transportatlon in Pittsburg, PA and the shipplng paper
indicates the flnal destination Is Trenton, NJ. The material moves from Pittsburg, PA to
Nawark, NJ were it is placed in a warehouse awaltingl transportatlon to Trenton, NJ It's final
destination. The hazardous material is loaded on a motor vehicle end transported from
Newark, NJ to Trenton, NJ.
Using the above scenario my questions are:
Is it correct that e hazardous materiel is in transportation from the time it is offered In Pittsburg, PA and
the carrier takes physical possession on the Origlnal Shippinq Document, until it is delivered to the
destination indicated on the shipping document In Trenton, NJ?
If the hezardous materlal is transferred from one vehicle to another or placed ate warehouse awaiting a
vehicle to move It to the destination identified on the shipping document, does it still remerin in
transportation under 49 CFR?
Does the fact that the carrier is a private motor carrier remove the material or shipment from the
clarslfication of "storage incidental to hazardous material" once the driver who started the movement
turns the shipment over to another driver from the company or does the word "driver" Imply ell drivers
used by the private motor carrier to move the hazardous material from the shipping origin to the final
destination shown on the shipping document?
Your expeditious reply is greatly appreclated in this matter, If you require addltlonal information feel
free to contact me through this office at 609-426-0555,
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NORTH AMERICAN TRANSPORTATION CONSULTANTS, INC,
BUT 7btal Tmnsportation and Safiby Consultants
PO. Box 1404 Hightstown, NJ 08620 609-426-0555
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