{"operation":"document","citation":"13-0165","title":"Con-Way Truckload — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-24","effective_on":null,"summary":"13-0165 response to Con-Way Truckload concerning 171.2, 172.506.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0165.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0165.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0165","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130165.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSEP 2 4 2013\nMr. J efi Messer\nSafety Analyst\nCon-Way Truckload\n4701 E. 32nd Street\nJoplin, MO 64803\nRef. No. 13-0165\nDear Mr. Messer:\nThis responds to your July 31, 2013 request for clarifications on shipper and carrier\nresponsibility for placarding under the Hazardous Materials Regulations (HMR; Parts 171-\n180). In your incoming letter you state that state inspection stations are writing violations to\ncarriers who were not provided proper placards or were provided improper placards. You\nbelieve those violations should not be applied to the carrier based on the requirements\nspecified in §§ 171.8; 171.2(±) and 172.506.\nYour questions are paraphrased and answered below:\nQl. Is the carrier allowed to trust that a shipper is knowledgeable and that a shipment\nwas prepared in compliance with all HMR requirements?\nA 1. In accordance with § 171.2( f), each carrier who transports a hazardous material in\ncommerce may rely on information provided by the offeror of the hazardous material,\nor a prior carrier, unless the carrier knows or, a reasonable person, acting in the\ncircumstances and exercising reasonable care, would have knowledge that the\ninformation provided by the offeror or prior carrier is incorrect.\nQ2. Is the intent of§ 172.506(a) to mandate that if a driver has the proper placards he\nmust affix, if not already affixed, and maintain those placards on the trailer while\ntransporting the hazardous materials?\nA2. As stated in§ 172.506(a)(l), each person offering a motor carrier a hazardous\nmaterial for transportation by highway must provide the motor carrier with the\nrequired placards for the material being offered prior to or at the same time the\n\n<<<PAGE 2>>>\n\nmaterial is offered for transportation, unless the carrier's motor vehicle is already\nplacarded for the material. A motor carrier may not transport a hazardous material in a\nmotor vehicle, unless the required placards for the hazardous materials are affixed as\nrequired by the HMR.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNever Settle for Less.\nJuly 31, 2013\nU.S. Department of Transportation\nPipeline and Hazardous Material Safety Administration\nOffice of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington1 DC 20590-0001\nTo Whom It May Concern:\nI am looking for clarification on regulations involving carrier and shipper responsibility regarding proper\nplacards. State inspection stations are writing violations to carriers when we're not provided proper placards\nor were provided improper placards. I believe that those violations should not be applied to the carrier\nbecause of the regulations cited below.\nIn CFR 100-185, under 171.8 Pre-transportation functions performed by the offeror. (14) Selecting,\nproviding, or affixing placards for a freight container or transportation vehicle to indicate that lt contains a\nhazardous material.\nUnder 171.2(f) No person may transport a hazardous material in commerce unless the hazardous\nmaterial is transported in accordance with applicable requirements of this subchapter, or exemption or special\npermit, approval, or registration issued under this subchapter or subchapter A of this chapter. Each carrier\nwho transports a hazardous material in commerce may rely on information provided by the offeror of the\nhazardous material, or a prior carrier, unless the carrier knows or, a reasonable person, acting in the\ncircumstances and exercising reasonable care, would have knowledge that the information provided by the\nofferor or prior carrier is incorrect.\nUnder 172.506(a) Each person offering a motor carrier a hazardous material for transportation by\nhighway shall provide to the motor carrier the required placards for the material being offered prior to or at\nthe time the material is offered for transportation unless the carrier's motor vehicle is already placarded for\nthe material as required by this subpart.\nP.O. Box 254 7 4 701 Eas132nd Street Joplin, Missouri 64803 ( 417) 623-5229\n\n<<<PAGE 4>>>\n\nNever Settle for Less.\nUnder 172.506(a.) (1} No motor carrier may transport a hazardous material in a motor vehicle, unless\nthe placards required for the hazardous materials are affixed thereto as required by this subpart.\nIs the intent of 172.506(a) to mandate that if a driver has the groper placards he must affix, if not already\naffixed. and maintain those placards on the trailer while transporting the hazardous material?\nI read these regulations as saying that the carrier is allowed to trust that the shipper is knowledgeable\nand is following all pre-transportations functions, and what they provide, or do not provide, will be in\ncompliance with all 49 CFR regulations.\nPlease feel free to contact me for further clarification of our position on this matter. Thank you in advance for\nyour time.\nSincerely,\nJeff Messer\nSafety Analyst\nCon-Way Truckload\n4701 E. 32\"d Street\nJoplin, MO 64803\nPhone: 417-623-5229, Ext. 5561\nFax: 417-782-4768\nP.O. Box 2547 4701 East 32nd Street Joplin, Missouri 64803 (417) 623-5229","truncated":false,"body_characters":5351}