A special permit is defined at 49 CFR 171.8 of the Hazardous Materials Regulations (HMR) of USDOT/PHMSA as follows:
Special permit means a document issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements).
In a nutshell: A special permit may be issued by USDOT/PHMSA to allow a person (e.g., shipper, carrier, or receiving facility) involved in the transportation of a hazardous material (HazMat) to perform a function that is not allowed by the HMR.
Special permits – once known as exemptions – may be granted to an applicant for an emergency situation or when a safe alternative to the HMR can be demonstrated by the applicant.
A person seeking a special permit has two options:
- Apply for a new special permit specific to its operations.
- Apply for party status to an existing special permit. Hazardous Materials Special Permits Search Page
Persons seeking a special permit must submit an application to USDOT/PHMSA. The application must meet the requirements of 49 CFR 107, Subpart B and include evidence that the special permit will achieve the same safety level of the HMR or is consistent with the public interest (i.e., the benefit to the public of the special permit outweighs the risk, such as in an emergency). USDOT/PHMSA’s review of your application will include an evaluation of your compliance history.
If the special permit is granted, compliance with its conditions are the responsibility of the applicant; this includes training HazMat Employees on its conditions. Special permits have an expiration date, a person wishing to continue use of a special permit must submit a new application prior to its expiration date.
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Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail International and Domestic Daniels Training Services, Inc. 815.821.1550 |
A carrier transporting a HazMat under a shipper’s special permit or a shipper offering a HazMat for transport by a carrier using a special permit need not be a party to the special permit if it does not re-package the HazMat.
Also read: USDOT/PHMSA’s Special Permit FAQs