A question from a former customer of MY ONSITE HAZMAT EMPLOYEE TRAINING on December 21, 2015:

Good Morning,

If the qualification due date on a rail tank car says 2015; can we still load it now and send it out one last time before we shop it?

Thank you,

My response later that day (I knew they needed an answer right away):

This tank car’s qualification ends 12.31.20

Yes you may. Pursuant to 49 CFR 173.31(a)(3):

No person may fill a tank car overdue for periodic inspection with a hazardous material and then offer it for transportation.

Notice that non-compliance with this regulation requires two actions on the part of the Shipper:

1. Fill a tank car that is overdue for its periodic inspection.  And,
2. Offer for transportation (i.e. ship) a tank car that is overdue for its periodic inspection.

It does not say that a tank car that is overdue for its periodic inspection may not be transported in commerce.  Nor does it say that a tank car filled before its periodic inspection due date may not be offered for transportation after it is overdue for its periodic inspection.

A tank car that is marked with a due date of 2015 requires its periodic inspection by December 31, 2015 in order to remain qualified for the transportation of HazMat.  Therefore, a tank car so marked may be filled and shipped up until that date. It may even be offered for transportation and transported after 12.31.15 as long as it is not filled and shipped after that date.

This tank car’s periodic inspection is due before December 31, 2016

I hope this helps.

Thank you and Merry Christmas!

Dan

And that was it!

As we approach the last few days of 2015 – or any year in which the periodic inspection of a tank car is due – be sure to fill those tank cars whose qualification expires at midnight on New Year’s Eve and then ship them anytime after that.

Contact me with your questions about the transportation of HazMat by highway, rail, water, or air.