• 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.
• 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.

• 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.

• The definition of tank vehicle does not include the IBCs when empty. (See question #14).

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.

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.