The conditions of the empty packaging exception at 49 CFR 173.29 include the terms “contract or private carrier”. Despite the importance of these terms to this exception and their use elsewhere in the Hazardous Materials Regulations (HMR) of USDOT/PHMSA, nowhere does the HMR define a contract carrier or private carrier. Fortunately, I explain these terms for you in these articles:
Even stranger, a third type of carrier: a common carrier, is not documented in the empty packaging exception at all even though understanding its characteristics is necessary for a full understanding of the exception. In fact, nowhere in the HMR does USDOT/PHMSA define a common carrier.
To find some answer we may turn to the regulations for commercial motor vehicles administered by the Federal Motor Carrier Safety Administration within the USDOT. (The FMCSA is one of 13 administrations and bureaus – along with PHMSA – within the USDOT). Unfortunately, since 2007, the FMCSA no longer distinguishes between common and contract carriers. Read about it on the FMCSA website.
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So just what is a common carrier?
Well, we know a common carrier is not a private carrier. A private carrier is not-for-hire and transports its own HazMat.
We also know a common carrier is not a contract carrier. A contract carrier operates under continuing contracts with one or a limited number of persons to provide transportation services for compensation.
A common carrier:
- “Common carriers provide for-hire truck transportation to the general public.” USDOT website
- “A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public.” Legal Information Institute
And…
- “A common carrier provides services to any and all companies between predetermined points on a scheduled basis. The U.S. Postal Service is a common carrier, as are FedEx and the Amtrak railway system.” Encyclopedia Britannica
So, to sum up: a common carrier provides transportation services for compensation to just about anybody who needs it.
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Daniels Training Services, Inc. 815.821.1550 |