FMCSA Regulations for CMV

Q&A: Commercial Driver’s Licensed and HazMat Endorsement in California

Q&A: Commercial Driver’s Licensed and HazMat Endorsement in California

Question:

Hey Daniel, reading over your answered questions on your website and how full and complete you answer questions.My Question:

In California CVC 32000.5 states in part

” and a motor carrier who transports for a fee in excess of 500 pounds of hazardous materials of the type requiring placards pursuant to Section 27903 , shall be licensed in accordance with this code, unless specifically exempted by this code or regulations adopted pursuant to this code.  This license shall be available for examination and shall be displayed in accordance with the regulations adopted by the commissioner.”

If I am charging a fee for a hazmat delivery and it’s over 500 lbs in California does the driver of the hazmat needs a CDL hazmat endorsement. Throwing out the 1,001 exemption as California is requiring stricter limits of 500.

If you could also take account “chp 800c” memo stating 500 lbs for a fee that needs to be placard if hauled in greater amounts

Thanks for your time.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Answer:

Please see below for answers to your questions:

  • No. The driver of a motor vehicle in the situation you descrube does not require the HazMat Endorsement on their commercial driver’s license (CDL).
  • Federal regulations of the Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA) at 49 CFR 383.93 require a driver to have the HazMat endorsement on their CDL if they operate a motor vehicle transporting certain quantities and types of hazardous materials (HazMat). This requirement applies to interstate or intrastate carriers.
  • The HazMat endorsement on the CDL is required to be obtained in either of the following circumstances:
    • The vehicle transports a quantity of HazMat that requires the display of placards per the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. DOT (USDOT/PHMSA) at 49 CFR 172.504.
    • The vehicle transports any quantity of a select agent or toxin listed at 42 CFR 73.
  • The California Highway Patrol (CHP) requires a person who operates a motor vehicle transporting hazardous materials in certain quantities to obtain a Hazardous Materials Transportation License (HMTL) from CHP. This requirement applies to interstate or intrastate carriers.
  • A HMTL is required to be obtained from CHP in either of the following circumstances:
    • The shipment of HazMat requires the display of hazard warning placards per the HMR of USDOT/PHMSA.
    • The shipment of HazMat exceeds 500 pounds, is being transported for a fee (for-hire), and the material would normally require placards if shipped in a greater quantity. In other words, the HazMat doesn’t require the display of placards at its current type and quantity, but it would if in a greater quantity.
For more information or to obtain a HMTL, refer to the following CHP forms availalbe at www.chp.ca.gov:

  • CHP 361E, Hazardous Materials Transportation License – Application Instructions
  • CHP 361M, Application for Hazardous Materials Transportation License
  • It is importatnt to note that the Federal regulations of USDOT/PHMSA are referenced by CHP, but can’t be changed in any way by it. In short: California can’t require more stringent requirements than USDOT/PHMSA for placarding or other regulations for HazMat transportation.
  • CHP can, however, be more strict in its state regulations for the licensing of commercial motor vehicles (these are the regulations of USDOT/FMCSA). Therefore, CHP can require a HMTL in circumstances where neither the CDL nor the HazMat Endorsement are required.
  • I referred to the following document for this answer: State of California / Department of California Highway Patrol / Vehicles Transporting Hazardous Materials / CHP 800c (Rev. 9-15) OPI 062.
  • Note: This quantity of HazMat (500 lb) may require the display of placards per USDOT/PHMSA if in a bulk packaging (e.g., IBC) or a Table 1 HazMat (49 CFR 172.504(e)).

I hope this helps. Please contact me with any other questions.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Q&A: May I transport an empty cargo tank when I don’t have the HazMat endorsement on my CDL?

A question, September 16, 2020:

Subject: placards

Message Body:
Sir:    If i pick up a propane truck (26,000 lb) with a new tank on it from the factory and it has the sticky placards on it can i cover them up to transport the truck to the destination?   I have a tank endorsement but no hazmat.  thank you.

My reply that same day:

As long as the cargo tank does not contain any HazMat at all. Not even the residue of the HazMat. Not even vapors. If you open the cargo tank and smell nothing but that fresh factory smell, then yes, you must cover up or remove the placards during transportation.

If any residue of the HazMat remains – even just vapors – then transport must be as fully-regulated, including the HazMat Endorsement on the CDL.

I hope this helps.

Please read:

Please contact me with any other questions.

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He had one more question for me (09.21.20):

I have one more question for you if you don’t mind. Can a state superseded any hazmat laws? If so would you have any idea what the fine would be?Also would the drivers license would be impacted if he violates any hazmat laws? Thanks again for your help.

I had another reply:

Good questions. See below.

  • The Hazardous Materials Regulations for HazMat transportation (including placards) are Federal. They are created by the Pipeline and Hazardous Materials Safety Administration within the US Department of Transportation (USDOT/PHMSA). States may not change them in any way, though a state may enforce the Federal regulations and issue state fines.
  • The commercial driver’s license (CDL) is issued by the state with both Federal and state requirements. Federal authority is under the Federal Motor Carrier Safety Administration within the USDOT (USDOT/FMCSA).
  • I don’t think – I am not entirely sure – violation of HazMat regulations will result in loss of CDL unless the violation is viewed to be criminal. The regulations of the FMCSA identify the ways a driver can lose their CDL and none of them are HazMat violations.

Other subjects related to HazMat and the CDL:

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That seemed to do it:

Thank you for the clarification.

Q&A: Do I need the HazMat and tanker endorsement for Class 9 in totes?

Q&A: Do I need the HazMat and tanker endorsement for Class 9 in totes?

A question from somewhere in America December 07, 2020:

so I read a couple of your articles. we haul class 9 3082 16 totes about 40,000. does the driver need tanker and haz mat endorsement to haul. I know it needs placard.
thanks,

My reply on December 9th:

Thank you for contacting me. Please see below for answers to your questions.

  • I presume you are referring to the following two endorsements on the commercial driver’s license (CDL):
    • Hazardous materials endorsement (aka: HazMat endorsement)
    • Tank vehicle endorsement
  • I also presume the “tote” you refer to is an intermediate bulk container (IBC) and that it has a capacity of more than 119 gallons making it a bulk packaging.Class 9 label on IBC
  • The HazMat endorsement is required only if the vehicle transports a type and quantity of hazardous material that requires the display of placards on the vehicle.
    • Pursuant to 49 CFR 383.3, states may make an exception from CDL requirements – including endorsements – for certain operations within their jurisdiction. This includes:
      • Military drivers (actually, each state must exempt individuals who operate CMVs for military purposes).
      • Farmers, firefighters, emergency response vehicles drivers, and drivers removing snow and ice.
      • Certain drivers in Alaska.
      • Certain drivers in farm-related service industries.
      • Certain drivers in pyrotechnic industry.
      • Covered farm vehicles.
      • Certain drivers transporting diesel.
    • The Class 9 Miscellaneous placard is not required to be displayed on a vehicle in the U.S. However, pursuant to 49 CFR 172.502(c) a Class 9 Miscellaneous placard – or any placard for that matter – may be displayed on the vehicle if the HazMat is present on the vehicle.
    • Since the vehicle is not required to display placards for Class 9, the driver is not required to have the HazMat endorsement on their CDL.

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  • The tank vehicle endorsement on a CDL is required if the vehicle meets the definition of a tank vehicle at 49 CFR 383.5:

Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.

  • Since the definition includes, “…either permanently or temporarily attached to the vehicle or the chassis.” you might think (as I did) that this would not apply to an intermediate bulk container (IBC or “tote”) loaded in or on a vehicle. However, it does:

Q: Does the definition of tank vehicle include loaded intermediate bulk containers (IBCs) or other tanks temporarily attached to a CMV?

A: Yes. The new definition is intended to cover (1) a vehicle transporting an IBC or other tank used for any liquid or gaseous materials, with an individual rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or chassis; or (2) a vehicle used to transport multiple IBCs or other tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that are permanently or temporarily attached to the vehicle or the chassis.

In the situation you describe, placards are not required, therefore the HazMat endorsement is not required. The vehicle does meet the definition of a tank vehicle and therefore the tank vehicle endorsement is required. However, since the driver is operating a motor vehicle transporting a hazardous material, he/she will require USDOT/PHMSA HazMat Employee training and must include Driver Training.

I hope this helps. Please contact me with any other questions.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
That confirmed what he thought:

Thank you for your reply. I was thinking the same, but wasn’t positive …

Thanks,

Conclusion:

Though the Hazardous Materials Regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA) are entirely different from the Federal Motor Carrier Safety Regulations of the Federal Motor Carrier Safety Administration (FMCSA), sometimes they overlap, as is the case here. Sometimes it is necessary for training to meet the requirements of both PHMSA and FMCSA. I can provide that training.

Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators – Entry-Level Driver Training

The Bullet:

FMCSA established new minimum training standards for certain individuals applying for their CDL for the first time, an upgrade of their CDL, or a hazardous materials, passenger, or school bus endorsement for the first time. These individuals will be subject to the entry-level driver training (ELDT) requirements and must successfully complete a prescribed program of instruction before they will be permitted to take the CDL skills test or, in the case of the H endorsement, the knowledge test. Training must be provided by an entity that is listed on FMCSA’s Training Provider Registry (TPR).

Who is subject to ELDT Regulations?Driver of a commercial motor vehicle

ELDT is the baseline for training requirements for entry-level drivers. This includes those applying to:

  • Obtain a Class A or Class B CDL for the first time.
  • Upgrade an existing Class B CDL to a Class A CDL.
  • Obtain any one of the following endorsements to their CDL for the first time:
    • School bus (S)
    • Passenger (P)
    • Hazardous materials (H)

The ELDT regulations do not apply to the following:

  • The ELDT regulations are not retroactive; they do not apply to individuals holding a valid CDL or an S, P, or H endorsement issued prior to February 7, 2022.
  • If an applicant who obtains a commercial learner’s permit (CLP) prior to February 7, 2022, obtains a CDL before the CLP or renewed CLP expires, the applicant is not subject to the ELDT requirements.
  • Any individual who meets one of the exceptions for taking a skills test in 49 CFR Part 383 is also exempt from the ELDT requirements.
More Who:

The Federal Motor Carrier Safety Administration (FMCSA) is a separate administration within the U.S. Department of Transportation (USDOT). It’s primary mission  is to reduce crashes, injuries and fatalities involving large trucks and buses. To do this it creates and enforces regulations for operation of commercial motor vehicles (CMV).

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What ELDT is required?

Applicants must successfully complete a prescribed program of instruction presented by training provider listed on FMCSA’s TPR, prior to taking the State-administered CDL skills test.

What is the Training Provider Registry (TPR)?
  • The FMCSA Training Provider Registry is not yet operational; it will be in operation by the new compliance date of these regulations: 02.07.22.
  • The TPR will identify all training providers that registered with FMCSA and self-certified they meet the requirements for providing CDL training.
  • The TPR will retain a record of which CDL applicants have completed the new training and certification process outlined in the ELDT regulations.
  • The TPR will include all entities (including public and private CDL training programs and fleet-operated CDL training programs) that register with FMCSA and self-certify they meet the requirements for providing CDL training.
What FMCSA Regulations were Changed by this new Rule?
  • 49 CFR Part 380 Subpart F: Entry-Level Driver Training Requirements On and After February 7, 2020
  • 49 CFR Part 380 Subpart G: Registry of Entry-Level Driver Training Providers
  • 49 CFR § 383.71: Driver Application and Certification Procedures
  • 49 CFR § 383.73: State Procedures
  • 49 CFR § 384.230: Entry-Level Driver Certification

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Daniels Training Services, Inc.

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Where:
  • This regulation is applicable all operation of a CMV within the U.S. when applying for a CDL, an upgrade to a CDL, or a certain endorsement to the CDL, as identified above.
  • Read: What is a commercial motor vehicle?
When:
Why:

FMCSA believes these regulations enhance the safety of CMV operations on our Nation’s highways by establishing a minimum standard for ELDT and increasing the number of drivers who receive ELDT.

How:

This rule is based on the authority of the Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984, and the Commercial Motor Vehicle Safety Act of 1986 (CMVSA). It also implements section 32304 of MAP-21.

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Conclusion:

Compliance with the FMCSA ELDT regulations is not required until February 07, 2022. Current regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA) require any person whose job has a direct affect on the safe transportation of hazardous materials (HazMat) to receive HazMat Employee training. This, of course, includes the operator of a motor vehicle transporting any quantity of HazMat who may also require Driver Training unless the requirements of 49 CFR 177.816 are met by the Hazardous Materials endorsement on their CDL.

For more Information:
  • To learn more about ELDT
  • For more information about the FMCSA’s Training Provider Registry.
    • Interested parties may sign up to receive news and updates from FMCSA about the TPR and the new requirements for CDL applicants, training providers, and State Driver Licensing Agencies (SDLAs).
    • States, or their third-party vendors, will need to modify their IT systems to retrieve data from the TPR. Training providers will also have the option to set up an interface to send data to the TPR web service. FMCSA will provide materials and information needed to meet the technical requirements for these web interfaces.
  • Contact FMCSA’s Office of Policy: FMCSA / Office of Policy (MC-P) / 1200 New Jersey Avenue, SE / Washington, DC 20590 / 202.366.2551

 

Q&A: Will the HazMat Employee Training Required by PHMSA Satisfy the Requirement for ELDT?

Question:

I’ve heard that entry-level driver training (ELDT) will be required as of February 07, 2022 for a driver seeking a hazardous materials (H) endorsement on their CDL for the first time. Can the HazMat Employee training required by PHMSA at 49 CFR 172.704 satisfy this new training requirement?

Answer:

No. First some clarification.

  • The Final Rule for ELDT was published December 08, 2016 [December 08, 2016; 81 FR 88732]. It had an initial compliance date of February 07, 2020 but this was later extended to February 07, 2022.
  • The rule created new training standards for each of the following:
    • Drivers applying for their CDL for the first time.
    • Drivers applying for an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL).
    • Drivers seeking a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time.
  • Prior to having its compliance date pushed back from 02.07.20 to 02.07.22, FMCSA revised the training requirements for drivers upgrading their CDL from Class B to Class A [March 06, 2019; 84 FR 8029].
  • In the consideration of the new rule the Federal Motor Carrier Safety Administration (FMCSA) sought comment on allowing the HazMat Employee training required by the Pipeline and Hazardous Materials Safety Administration (PHMSA) at 49 CFR 172.704 to satisfy the additional training now required for the hazardous materials (H) endorsement on the CDL. After comments were received and considered by FMCSA it answered:

FMCSA concludes that PHMSA’s hazardous materials training requirements in §172.704 may not be used to satisfy the H endorsement curriculum requirements in today’s rule because the PHMSA regulations do not address the CMV-related topics included in the H endorsement curriculum.

Daniels Training Services, Inc.

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So the answer is still no, but now you know why. Even under the new rule, the FMCSA training requirement to obtain the hazardous materials endorsement on the CDL is separate from the PHMSA requirement to provide initial and triennial HazMat Employee training.

Training

Any person with a direct affect on the safe transport of HazMat must receive HazMat Employee training.

And don’t forget: maintenance of the H endorsement on the CDL may fulfill the requirements for Driver Training at §177.816 or it may not.

 

FAQ: How do I register to be placed on FMCSA’s Training Provider Registry (TPR)?

Before we begin…

In a flurry of proposed rules, final rules, amendments to the final rule, effective dates, compliance dates, and then an extension of the compliance date, the Federal Motor Carrier Safety Administration (FMCSA) within the U.S. Department of Transportation (USDOT), mandated entry-level driver training (ELDT) for certain drivers seeking a new or updated commercial driver’s license (CDL) or those seeking certain endorsements to their CDL for the first time. Read: Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators – Entry-Level Driver Training

As part of this new rule FMCSA created a training provider registry (TPR) to both identify trainers eligible to provide ELDT and to track the certification of drivers once ELDT is completed. FMCSA’s TPR

Applicable regulations are at 49 CFR 380, subpart G

Contact me the when your USDOT HazMat Employee, training is due to expire.
How do I get myself on the TPR as a training provider?
What are the eligibility requirements for TPR registration?
  • Follow a curriculum that meets the applicable criteria in Appendices A-E of Part 380.
  • Utilize facilities that meet the criteria of §380.709.
  • Utilize vehicles that meet the criteria in §380.711.CDL Driver Training
  • Utilize driver instructors that meet the criteria in §380.713.
  • Meet recordkeeping requirements of §380.725.
  • Be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations of any State where in-person training is conducted. However, State qualification requirements for theory instruction do not apply to providers offering online training only.
  • Allow FMCSA to audit or investigate its operations.

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Conclusion:

Training providers that wish to provide the ELDT required after February 07, 2022 must meet the eligibility requirements and register with FMCSA in order to receive their unique TPR number. I do not provide ELDT now, nor do I intend to. However, if a CMV contains any quantity of a hazardous material – not just a quantity that requires placards – then initial and triennial HazMat Employee training is required by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within USDOT, and that’s when you call me. And a driver may also require HazMat Driver Training (I provide that, too!)

For more Information:
  • To learn more about ELDT
  • For more information about the FMCSA’s Training Provider Registry.
    • Interested parties may sign up to receive news and updates from FMCSA about the TPR and the new requirements for CDL applicants, training providers, and State Driver Licensing Agencies (SDLAs).
    • States, or their third-party vendors, will need to modify their IT systems to retrieve data from the TPR. Training providers will also have the option to set up an interface to send data to the TPR web service. FMCSA will provide materials and information needed to meet the technical requirements for these web interfaces.
  • Contact FMCSA’s Office of Policy: FMCSA / Office of Policy (MC-P) / 1200 New Jersey Avenue, SE / Washington, DC 20590 / 202.366.2551

FAQ: What instructor qualifications are required to provide FMCSA mandated ELDT?

Before we begin…

In a flurry of proposed rules, final rules, amendments to the final rule, effective dates, compliance dates, and then an extension of the compliance date, the Federal Motor Carrier Safety Administration (FMCSA) within the U.S. Department of Transportation (USDOT), mandated entry-level driver training (ELDT) for certain drivers seeking a new or updated commercial driver’s license (CDL) or those seeking certain endorsements to their CDL for the first time. Read: Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators – Entry-Level Driver Training

As part of this new rule FMCSA created a training provider registry (TPR) to both identify trainers eligible to provide ELDT and to track the certification of drivers once ELDT is completed. FMCSA’s TPR

Applicable regulations are at 49 CFR 380, subpart G

 

Daniels Training Services, Inc.

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What are the instructor qualifications?

Theory training providers must utilize instructors that meet one of the following qualifications as defined at §380.605:

  • Instructor holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided; and,
  • Instructor has at least 2 years of experience driving a CMV requiring a CDL of the same (or higher) class and/or the same endorsement and meets all applicable State qualification requirements for CMV instructors.

Or…

  • Instructor holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided; and,
  • Instructor has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV instructors.

However…

  • An instructor is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, if the instructor previously held a CDL of the same (or higher) class and complies with all other requirements described above.
  • Training providers offering online content exclusively are not required to meet State qualification requirements for theory instructors.

And…

  • If an instructor’s CDL has been cancelled, suspended, or revoked due to any of the disqualifying offenses identified in §383.51, the instructor is prohibited from engaging in theory instruction for 2 years following the date his or her CDL is reinstated.

CDL Test CenterBehind the wheel (BTW) training providers must utilize instructors that meet one of the following qualifications as defined at §380.605.

  • Instructor holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided; and,
  • Instructor has at least 2 years of experience driving a CMV requiring a CDL of the same or higher class and/or the same endorsement and meets all applicable State qualification requirements for CMV instructors.

Or…

  • Instructor holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided; and,
  • Instructor has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV instructors.

However…

  • A BTW instructor who provides training solely on a range which is not a public road is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, as long as the instructor previously held a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, and complies with the other requirements described above.

And…

  • If an instructor’s CDL has been cancelled, suspended, or revoked due to any of the disqualifying offenses identified in §383.51, the instructor is prohibited from engaging in BTW instruction for 2 years following the date his or her CDL is reinstated.

Contact me the next time your USDOT HazMat Employee, training is due to expire.
Conclusion:

If you’ve read this far you are likely interested in being an instructor of ELDT. (Training providers that wish to provide the ELDT required after February 07, 2022 must register with FMCSA in order to receive their unique TPR number.)

ELDT training isn’t for me. I will continue to provide the training required by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within USDOT, for any person with a direct affect on the safe transportation of hazardous materials (HazMat): HazMat Employee Training and, if necessary, HazMat Driver Training. This training requirement applies regardless of the applicability of the ELDT.

For more Information:
  • To learn more about ELDT
  • For more information about the FMCSA’s Training Provider Registry.
    • Interested parties may sign up to receive news and updates from FMCSA about the TPR and the new requirements for CDL applicants, training providers, and State Driver Licensing Agencies (SDLAs).
    • States, or their third-party vendors, will need to modify their IT systems to retrieve data from the TPR. Training providers will also have the option to set up an interface to send data to the TPR web service. FMCSA will provide materials and information needed to meet the technical requirements for these web interfaces.
  • Contact FMCSA’s Office of Policy: FMCSA / Office of Policy (MC-P) / 1200 New Jersey Avenue, SE / Washington, DC 20590 / 202.366.2551
Q&A: Do all CDL drivers require ELDT?

Q&A: Do all CDL drivers require ELDT?

A question June 23, 2020:

Daniel,
Do you still respond to questions regarding regulation?
If you do , my question is this….Do all CDL drivers that deal in hazmat required ELDT training to conform to 49CFR 380.503. Is it just for interstate drivers or both interstate and intrastate?
All our drivers work for the company and only drive intrastate.
Thank you in advance.

Some background information from Daniels Training Services:

The FMCSA sets the minimum standards for Commercial Driver’s Licenses

  • ELDT – Entry Level Driver Training
  • Interstate transportation is movement between two or more states.
  • Intrastate transportation is movement entirely within a single state.
  • FMCSA – Federal Motor Carrier Safety Administration. FMCSA regulates and provides safety oversight of commercial motor vehicles (CMVs).
  • FMCSA passed new regulations February 06, 2017 that established new minimum training standards for certain individuals in the following situations:
    • Those applying for their commercial driver’s license (CDL) for the first time.
    • Those applying for an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL).
    • Those applying for a hazardous materials (H), passenger (P), or school bus (S) endorsement on their CDL for the first time.
  • The above must complete ELDT provided by an entity listed on FMCSA’s Training Provider Registry (TPR).
  • FMCSA extended the compliance date from February 07, 2020 to February 07, 2022.
  • Read it in the Federal Register: 81 FR 88732

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply on June 29th:

Thank you for contacting me. Please see below for a reply to your question.

  • The training referred to at 49 CFR 380.503 is applicable only until 02.07.20.
  • After 02.07.20 regulations of 49 CFR 380, subpart F apply. These training requirements apply to – among others – the following:
    • Drivers applying for new Class A or B CDL.
    • Drivers upgrading CDL (e.g., from B to A).
    • Drivers applying for HazMat endorsement for first time.
  • If a driver had the HazMat endorsement prior to 02.07.20, they do not need ELDT.
  • If applicable, it applies to both interstate and intrastate.
  • Note: a driver may transport HazMat but not require the HazMat endorsement on their CDL. That driver may never require ELDT.
  • FMCSA has extended the compliance date to 02.07.22.

Any employee with a direct effect on the safe transportation of hazardous materials must receive USDOT HazMat Employee Training.

I hope this helps. Please contact me with any other questions.

That seemed to do it:

Thank you.  That was well presented and understood.  Thank you again

Conclusion:

As I noted in my email reply to the question: not every driver of a motor vehicle transporting HazMat requires the HazMat endorsement on their CDL, e.g., driver transports only Class 9 Miscellaneous. However, any driver transporting any amount of HazMat will require HazMat Employee training and – likely – Driver Training.

Relief of Requirements for Periodic Tests and Inspections of Cargo Tanks and Portable Tanks within the State of Alaska

Relief of Requirements for Periodic Tests and Inspections of Cargo Tanks and Portable Tanks within the State of Alaska

The Bullet:

Due to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, USDOT/PHMSA and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date.

Read the notice

Who:
  • The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
  • The Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA).
  • Department of Health and Human Services (HHS).
What:

Cargo tank motor vehicles (CTMVs) and portable tanks are subject to the following requirements for periodic testing and inspection:

  • Per 49 CFR 180.407(a)(1) a CTMV may not be filled with a HazMat and offered for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.407(c).
  • Per §180.605(a) a portable tank may not be returned for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.605(c).

The enforcement discretion applies only to the following:

  • CTMVs and portable tanks transporting HazMat along Alaska’s state highways.
  • CTMVs / portable tanks are no more than 90 days beyond required periodic testing or inspection dates.
USDOT/PHMSA  and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date, as required by 49 CFR §§ 180.407(a)(1) and (c), or 180.605(a) and (c).

To qualify for this enforcement discretion a motor carrier must complete the following:

  • CTMVs and portable tanks are not more than 90 days beyond the required periodic testing or inspection date.
  • Comply with the HMR to the maximum extent practicable.
  • Document why COVID-19 travel restrictions make compliance with the periodic testing and inspection regulations impracticable prior to operating CTMVs or portable tanks.
  • Make such documentation available for inspection by USDOT/FMCSA or USDOT/PHMSA.
Where:
  • This relief applies only to CTMVs and portable tanks transported by highway within the State of Alaska.
  • Shipments by other modes of transportation and in other states and territories of the U.S. must meet all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) unless relief has been provided elsewhere.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
When:
Why:

USDOT/PHMSA acknowledges the following:

  • The ongoing COVID-19 public health emergency has created travel restrictions throughout the U.S.
  • Travel restrictions within the state of Alaska and between Alaska and the contiguous 48 states have reduced the number of available inspectors.
How:

USDOT/PHMSA plays a leading role in the safe transportation of hazardous materials by all modes: highway, rail, air, & vessel. This includes the testing and inspection requirements for CMTVs and portable tanks.

Conclusion:

Yet another example of a regulatory agency providing relief from compliance with full regulations when necessary but in a very limited scope. Make certain your operations comply with all other requirements of the HMR – and the Federal Motor Carriers Safety Regulations (FMCSR) – if you are a motor carrier or a person operating a CTMV or transporting a portable tank. Contact me if you require HazMat Employee Training required by USDOT/PHMSA and Driver Training.

US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak (Extension and Expansion of 04.08.20)

The Bullet:

On March 13, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide coronavirus (COVID-19) outbreak.  This declaration was expanded on March 18, 2020 and again expanded and extended on April 08, 2020.

Read the 04.08.20 press release

Note:

The situation is changing rapidly.  Please stay up-to-date on this topic by going directly to the FMCSA website.
Who:
  • The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued the relief.  The FMCSA was established as a separate administration within the U.S. Department of Transportation (DOT) on January 1, 2000.
    • Press Contact:
      • FMCSA Office of Public Affairs/1200 New Jersey Avenue, SE/Washington, DC 20590
      • Email: FMCSA.PublicAffairs@dot.gov
      • Phone: 202-366-9999
  • Relief is applicable to commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs of the current COVID-19 public health emergency.
  • Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

Note:

Centers for Disease Control and Prevention (CDC) recommends consumers use an alcohol-based hand sanitizer that contains at least 60% ethanol or 70% isopropanol.
What:
  • Motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of the FMCSRs, except as restricted herein.
  • Covered activities include transportation to meet immediate needs for:
    1. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
    2. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants.
    3. Food, paper products and other groceries for emergency restocking of distribution centers or stores.
    4. Immediate precursor raw materials — such as paper, plastic or alcohol — that are required and to be used for the manufacture of items in categories (1), (2), or (3).
    5. Fuel
    6. Liquefied gases to be used in refrigeration or cooling systems.
    7. Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19.
    8. Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes.
    9. Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
  • Once delivery is complete, the driver must receive a minimum of off duty hours as applicable:
    • Ten (10) hours off duty if transporting property.
    • Eight (8) hours if transporting passengers.
  • Direct assistance does not include:
    • Routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the emergency declaration.
  • Direct assistance terminates in either of the following circumstances:
    • A driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks.
    • The motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.
  • Motor carriers and drivers providing direct assistance to the Nationwide emergency are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations and conditions:
    • 49 CFR § 392.2 related to the operation of a commercial motor vehicle in accordance with State laws and regulations, including compliance with applicable speed limits and other traffic restrictions.
    • 49 CFR § 392.3 related to operation of a commercial motor vehicle while a driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle.
    • Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.
    • A motor carrier whose driver is involved in a crash while operating under this emergency declaration must report any recordable crash within 24 hours, by phone or in writing, to the FMCSA Division Office where the motor carrier is domiciled. The carrier must report the date, time, location, driver, vehicle identification, and brief description of the crash.
    • Nothing in this Emergency Declaration shall be construed as an exemption from any of the following:
      • Controlled substance and alcohol uses and testing requirement (49 CFR Part 382).
      • The commercial driver’s license requirements (49 CFR Part 383).
      • The financial responsibility (insurance) requirements (49 CFR Part 387).
      • The hazardous material regulations (49 CFR Parts 100-180).
      • Applicable size and weight requirements.
      • Any other portion of the regulations not specifically exempted under 49 CFR § 390.23.
    • Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA in writing.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Where:
  • Applicable to the fifty United States of America and the District of Columbia.
Why:
  • This declaration will help America’s commercial drivers get these critical goods to impacted areas faster and more efficiently.
How:
  • The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, injuries and fatalities involving large trucks and buses.
When:
  • Original published 03.13.20.
  • Expanded and published 03.18.20
  • The extension and expansion of Emergency Declaration No. 2020-002 is effective immediately and shall remain in effect until 11:59 P.M. (ET), May 15, 2020, or until the revocation of the Presidentially declared COVID-19 national emergency, whichever is sooner.
Conclusion:

This relief is one of many issued by FMCSA and other regulatory agencies to end the current public health emergency due to COVID-19.  If you are a driver of a CMV, please be safe.

Read FMCSA’s national emergency declaration

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Didja’ know?
  • This declaration is the first time FMCSA has issued nation-wide relief and follows President Trump issuing of a national emergency declaration in response to the virus.