The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) at 49 CFR 173.29(c)(s) refer to a private carrier. It’s definition is critical to the understanding of this regulation as it is in many other locations throughout the HMR. What then is a private carrier as the term is used by USDOT/PHMSA in the HMR?

The term private carrier, though critical to compliance in several locations throughout the HMR, is not defined nor explained at any point. In that way it shares a dubious distinction with a couple of terms it is usually associated with: common carrier and contract carrier. But knowing that doesn’t help us any. Not defined at §171.8 nor anywhere else in the HMR and not explained either. Where does that leave us?

First, let’s look to the Federal Motor Carrier Safety Administration, also within the USDOT (USDOT/FMCSA). On its website USDOT/FMCSA has the following FAQ:

A private carrier (a private motor carrier if transportation is by highway in a motor vehicle) owns the cargo it is transporting.

And, from this USDOT/PHMSA letter of interpretation (13-0068):

Although the HMR does not specifically define “private motor carrier,” this Office has interpreted this term to mean that a “private motor carrier” is a carrier that transports a business’ own products and does not provide such transportation service to other businesses.

So, if you are transporting the products of your own business and not those of a third party, you are a private carrier.