{"operation":"document","citation":"22-0038","title":"Daniels Training Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-14","effective_on":null,"summary":"22-0038 response to Daniels Training Services, Inc. concerning 171.1, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/220038.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 14, 2024\nMr. Daniel Stoehr\nDaniels Training Services, Inc.\nP.O. Box 1232\nFreeport, IL 61032\nReference No. 22-0038\nDear Mr. Stoehr:\nThis letter is in response to your May 2, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) pertaining to the definition of a motor\nvehicle and applicability of the HMR to a bicycles.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a bicycle or other vehicle (e.g., skateboard, scooter)—moved entirely by\nhuman power—is considered a “motor vehicle” as defined by the HMR.\nA1. The answer is no. The HMR govern the movement of a hazardous material by rail car,\naircraft, motor vehicle, and vessel (see § 171.1(c)(1)). As defined in § 171.8, a “motor\nvehicle” is “a vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof,\npropelled or drawn by mechanical power and used upon the highways in the\ntransportation of passengers or property.” The term “motor vehicle,” as defined in\n§ 171.8, does not include non-motorized bicycles (i.e., non-motorized two-wheeled\nvehicles). Please note that a “transport vehicle” as defined in § 171.8 is “a cargo-carrying\nvehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for\nthe transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.)\nis a separate transport vehicle.” Because the HMR regulate the transportation of\nhazardous materials in commerce, hazardous materials transported in a transport vehicle\nmay be subject to the requirements of the HMR, as applicable.\nQ2. You ask whether a bicycle or other vehicle—primarily moved by human power but\nequipped with an electric motor to provide additional power when needed—is considered\na “motor vehicle” as defined in the HMR.\n\n<<<PAGE 2>>>\n\nA2. The answer is yes. As noted above, a “motor vehicle” is defined as “a vehicle, machine,\ntractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by\nmechanical power and used upon the highways in the transportation of passengers or\nproperty.” Thus, a two-wheeled vehicle such as an electric bicycle—as described in your\nscenario—equipped with an electric motor and thus “propelled or drawn by mechanical\npower” would be considered a “motor vehicle” as defined in the HMR when used to\ntransport passengers or property. However, for purposes of the HMR, it is predicated on\nuse of the vehicle for transport of hazardous material. Also bear in mind that as further\nstated in § 171.1(d)(5), a hazardous material transported by an individual for non-\ncommercial purposes in a private motor vehicle, including a leased or rented motor\nvehicle is not subject to the HMR.\nQ3. You ask whether a bicycle or other vehicle—powered entirely by an electric motor—is\nconsidered a “motor vehicle” as defined in the HMR.\n.\nA3. The answer is yes. See answer A2.\nQ4. You ask whether a vehicle, which is not considered a “motor vehicle” as defined in the\nHMR but is used to transport hazardous materials in commerce on the highway, is subject\nto the HMR.\nA4. The answer is no. As stated in A1, the HMR defines a “motor vehicle” in § 171.8 as “a\nvehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or\ndrawn by mechanical power and used upon the highways in the transportation of\npassengers or property.” Therefore, a human powered bicycle using entirely human\npower as stated as described in A1, would not be subject to the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nAnfrews\n22-0038\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request Letter of Interpretation - Is a Bicycle a Motor Vehicle?\nDate: Monday, May 2, 2022 4:54:14 PM\nHello Alice,\nPlease see the below interpretation request.\nLet me know if you have any questions.\nRegards,\n-Breanna\nFrom: Daniel Stoehr <info@danielstraining.com>\nSent: Friday, April 15, 2022 3:35 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request Letter of Interpretation - Is a Bicycle a Motor Vehicle?\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nPlease consider the following:\n49 CFR 171.1 establishes the applicability of the Hazardous Materials Regulations (HMR).\nAt 49 CFR 171.1(c) applicability of the HMR is assigned to certain transportation functions,\nincluding movement of the HazMat in commerce.\nPer 49 CFR 171.1(c)(1), \"Movement\" includes: \"movement of a hazardous material by rail car,\naircraft, motor vehicle, or vessel...\"\nThe definition of motor vehicle at 49 CFR 171.8 includes, \"...a vehicle, machine, tractor, trailer,\nor semit-trailer, or any combination thereof, propelled or drawn by mechanical power...\"\nUnder common usage a bicycle moved entirely by human power is considered to be a vehicle.\nQuestion #1:\nIs a bicycle or other vehicle - e.g., skateboard, scooter - moved entirely by human power\nconsidered to be a motor vehicle as defined by USDOT/PHMSA?\nQuestion #2:\nIs a bicycle or other vehicle primarily moved by human power but equipped with an electric\nmotor to provide additional power when needed considered to be a motor vehicle as defined\nby USDOT/PHMSA?\nQuestion #3:\n\n<<<PAGE 4>>>\n\nIs a bicycle or other vehicle powered entirely by an electric motor considered to be a motor\nvehicle as defined by USDOT/PHMSA?\nQuestion #4:\nIf a vehicle is not a motor vehicle as defined by USDOT/PHMSA and it is used to transport\nhazardous materials in commerce on the highways, is such transportation subject to the\nHMR?\nThank you and please advise.\nDaniel Stoehr\nDaniels Training Services, Inc.\n815.821.1550\nInfo@DanielsTraining.com\nwww.DanielsTraining.com\nSubscribe to my Monthly Newsletter\nHow'd I do? 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