Question:

Subject: Empty class 3 flammable drums

Message Body:
Carry 8 to 12 class 3 flammable drums back to yard to get refill small amount of product still in drums drums mark small flammable sticker do I need hazmat on my license.

Answer:

Thank you for contacting me. I will try to answer your question below. More information would be helpful, but I think I can confidently answer: No. You do not require the HazMat endorsement on your CDL for the transport of packagings containing the residue of a HazMat; in this case a Class 3 Flammable Liquid.

The reason:

• The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. DOT (USDOT/PHMSA) include the Empty Packaging Exception at 49 CFR 173.29. Under this exception a packaging with the only the residue of a HazMat does not require the display of placards on the vehicle. It is also excepted from other hazard communication normally required by the HMR.

Read: Shipment of Empty HazMat Packagings and the Need for HazMat Labels, Placards, Markings, & etc.

That’s the easy part. The rest is a little more complicated.

• Pursuant to the commercial motor vehicle (CMV) regulations of the Federal Motor Carrier Safety Administration within the U.S. DOT (USDOT/FMCSA) at 49 CFR 383.93(b)(4), a driver of a CMV requires the HazMat Endorsment on their CDL only when the vehicle requires the display of placards or is transporting any quantity of a select agent or toxin identified at 42 CFR 73.
• Since placards are not required to be displayed on the motor vehicle for the transport of packagings with only HazMat residue, the HazMat endorsement is not required on the CDL of the driver.

However…

• The consignment remains a HazMat and is subject to other requirments of the HMR including HazMat Employee Training with Driver Training.
• The driver and the motor vehicle may be subject to other requirements of the CMV regulations depending on the vehicle’s gross vehicle weight rate, the number of passengers carried, and whether transportation in interstate or intrastate.

Please contact me with any other questions.

Class 3 placard with identification number for Printing Ink or Printing Ink Related Material (UN1210) and Resin Solution (UN1866)

Conclusion:

Search through my Q&A’s and you’ll find many questions like this one, “Do I need the HazMat Endorsement on my CDL to haul this?” Be sure to contact me before you transport a load of HazMat and you are unsure of your responsibilities under the regulations of PHMSA or FMCSA.