{"operation":"document","citation":"26-0043","title":"N/A — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-08-17","effective_on":null,"summary":"26-0043 response to N/A concerning 171.2, 172.204, 172.704, 173.22, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-08/260043.pdf","body":"<<>>\n\n3/31/26, 11:44 AM USDOT Mail - Fwd: Formal letter for interpretation request\nBaker, Y.\n26-0043\nFwd: Formal letter for interpretation request\n2 messages\nINFOCNTR (PHMSA) To: \"Baker, Yul (PHMSA)\" \nCc: Hazmat Interps \nGood afternoon,\nPlease see the following letter of interpretation request. Let us know if you need naything else.\nBest,\nAminah\n---------- Forwarded message ---------\nFrom: Hiya \nDate: Mon, Mar 16, 2026 at 3:04 PM\nSubject: Formal letter for interpretation request\nTo: \nMon, Mar 16, 2026 at 4:26 PM\nI am requesting written clarification regarding driver responsibilities under 49 CFR 177.817, specifically the meaning of\n“acceptance” and what duties it places on a driver.My carrier is assigning drivers the responsibility to verify the\ncorrectness of hazardous materials shipping papers, including the accuracy of the proper shipping name, UN/NA number,\nhazard class, and subsidiary hazards.\nThey are stating that this falls under the driver’s “acceptance” responsibilities.My understanding is that under 49 CFR\n172.200–172.204, the shipper is responsible for classification and correctness of the shipping description, and that 49\nCFR 177.817 assigns drivers the responsibility to ensure the shipping paper is present, in the proper sequence, and\naccessible — but does not assign drivers the duty to verify classification or correctness.\nCan you please confirm in writing whether DOT defines “acceptance” under 49 CFR 177.817 as requiring drivers to verify\nthe correctness of the shipping description, or if correctness remains solely the shipper’s responsibility under 49 CFR\n172.200–172.204?If possible, please provide the interpretation by email so I can document it for my carrier\nThank you for your consideration on this matter\nSincerely;\nTroy Berube\n8340 w herzog ave\nMagna Utah 84044\n(801)300-7023\nNickels, Matthew To: Hazmat Interps \nCc: \"Baker, Yul (PHMSA)\" , \"Wolcott, Alexander (PHMSA)\" \nMon, Mar 30, 2026 at 5:48 PM\nHey guys, interp #2 (of 2) below in my open stack - did this get assigned, or closed out, or withdrawn - etc.? Any help you\ncan provide, thank you!\n[Quoted text hidden]\nhttps://mail.google.com/mail/u/0/?ik=76db1044b4&view=pt&search=all&permthid=thread-f:1859851694237498828&simpl=msg-f:18598516942374988… 1/1\n\n<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 17, 2026\nTroy Berube\n8340 W Herzog Ave\nMagna, UT 84044\nReference No. 26-0043\nDear Mr. Berube:\nThis letter is in response to your March 16, 2026 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to motor carrier and driver\nresponsibilities under § 177.817. Specifically, in the context of a motor carrier assigning drivers\nthe responsibility of verifying “correctness” of shipping papers, you ask if this is within the\nscope of “acceptance” requirements associated with receiving a shipping paper prepared in\naccordance with the HMR (see § 177.817(a)).\nIt is the carrier’s responsibility to determine how they will comply with § 177.817(a), which\nstates that a person may not accept or transport hazardous material by highway unless that person\nhas received a shipping paper prepared in accordance with Part 172 of the HMR. Although the\nHMR does not define “acceptance” responsibilities in this context, the responsibility for\naccurately classifying and describing hazardous materials is an offeror responsibility (see\n§§ 172.204 and 173.22). Accordingly, while a motor carrier may not transport hazardous\nmaterials unless it is accompanied by a shipping paper prepared in accordance with Part 172 of\nthe HMR, the carrier may rely on the information provided by the offeror (or a prior carrier).\nThat reliance stands unless the carrier knows or a reasonable person, acting in the circumstances\nand exercising reasonable care, would have knowledge that the information is incorrect\n(§ 171.2(f)).\n\n<<>>\n\nIn addition to acceptance, § 177.817(e) sets out driver responsibilities regarding the presence,\nplacement, and accessibility of shipping papers during transportation. Furthermore, motor\ncarriers are tasked with ensuring each hazmat employee, including drivers involved in\ntransportation, receives training specific to the functions for which the employee is responsible\n(see § 172.704(a)(2)). Because drivers are trained in these specific functions, they are expected\nto exercise reasonable care by reviewing the shipping paper to ensure apparent regulatory\nrequirements are met (such as the visible presence of the basic description).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":5021}