2024 Facts for Drivers OCR - Copy_83-83.pdf

Hazardous Materials Regulations Federal hazardous materials transportation law directs the Secretary of Transportation to establish regulations for the safe and secure transportation of hazardous materials (HM) in commerce. The Secretary delegated authority to issue regulations...

Hazardous Materials Regulations Federal hazardous materials transportation law directs the Secretary of Transportation to establish regulations for the safe and secure transportation of hazardous materials (HM) in commerce. The Secretary delegated authority to issue regulations for the safe and secure transportation of hazardous materials in commerce to the Administrator of the Pipeline and Hazardous Materials Safety Admun- istration (PHSMA), as previously noted. The Administrator issues the Hazardous Materials Regulations (HMBs - 49 CFR Parts 171 through 180) under that delegated authority. The HMRs also incorporate the Federal Motor Carrier Safety Regulations (PFMCSRs 49 CFR Parts 383 and 390 — 399). Therefore, hazmat carriers in intrastate commerce who would not normally be subject to the FMCSRs are also subject to PMCSA regulation. Shippers Responsibility: Before transporting any HM, the shipper must complete certain pre-transportation functions, including, but not limited to: 1) classifying the HM; 2) determining the appropriate packaging, marking, and labeling; 3) preparing shipping papers; 4) providing emergency response information; and 5) providing placards. Carrier's Responsibility: Transportation of HM begins when a carrier arrives on site to take physical possession of the hazardous material for the purpose of transporting it and continues until the package containing the HM is delivered to the destination indicated on a shipping document. For a private carrier, transportation of HM in commerce begins when a motor carrier driver takes possession of the hazardous material for the purpose of transporting it and continues until the driver relinquishes possession of the package containing the HM at its destination and is no longer responsible for performing functions subject to the HMR with respect to that particular package. Cost of Violation: Each person who knowingly violates a requirement of federal HM transportation law is liable for a civil penalty of not more than $99,756, per day, per violation. Under certain egregious circumstances, penalties may be increased to $232,762, per day, per 3