commercial driver’s license

Q&A: Commercial Driver’s Licensed and HazMat Endorsement in California

Q&A: Commercial Driver’s Licensed and HazMat Endorsement in California

Question:

Hey Daniel, reading over your answered questions on your website and how full and complete you answer questions.My Question:

In California CVC 32000.5 states in part

” and a motor carrier who transports for a fee in excess of 500 pounds of hazardous materials of the type requiring placards pursuant to Section 27903 , shall be licensed in accordance with this code, unless specifically exempted by this code or regulations adopted pursuant to this code.  This license shall be available for examination and shall be displayed in accordance with the regulations adopted by the commissioner.”

If I am charging a fee for a hazmat delivery and it’s over 500 lbs in California does the driver of the hazmat needs a CDL hazmat endorsement. Throwing out the 1,001 exemption as California is requiring stricter limits of 500.

If you could also take account “chp 800c” memo stating 500 lbs for a fee that needs to be placard if hauled in greater amounts

Thanks for your time.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic
Answer:

Please see below for answers to your questions:

  • No. The driver of a motor vehicle in the situation you descrube does not require the HazMat Endorsement on their commercial driver’s license (CDL).
  • Federal regulations of the Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA) at 49 CFR 383.93 require a driver to have the HazMat endorsement on their CDL if they operate a motor vehicle transporting certain quantities and types of hazardous materials (HazMat). This requirement applies to interstate or intrastate carriers.
  • The HazMat endorsement on the CDL is required to be obtained in either of the following circumstances:
    • The vehicle transports a quantity of HazMat that requires the display of placards per the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. DOT (USDOT/PHMSA) at 49 CFR 172.504.
    • The vehicle transports any quantity of a select agent or toxin listed at 42 CFR 73.
  • The California Highway Patrol (CHP) requires a person who operates a motor vehicle transporting hazardous materials in certain quantities to obtain a Hazardous Materials Transportation License (HMTL) from CHP. This requirement applies to interstate or intrastate carriers.
  • A HMTL is required to be obtained from CHP in either of the following circumstances:
    • The shipment of HazMat requires the display of hazard warning placards per the HMR of USDOT/PHMSA.
    • The shipment of HazMat exceeds 500 pounds, is being transported for a fee (for-hire), and the material would normally require placards if shipped in a greater quantity. In other words, the HazMat doesn’t require the display of placards at its current type and quantity, but it would if in a greater quantity.
For more information or to obtain a HMTL, refer to the following CHP forms availalbe at www.chp.ca.gov:

  • CHP 361E, Hazardous Materials Transportation License – Application Instructions
  • CHP 361M, Application for Hazardous Materials Transportation License
  • It is importatnt to note that the Federal regulations of USDOT/PHMSA are referenced by CHP, but can’t be changed in any way by it. In short: California can’t require more stringent requirements than USDOT/PHMSA for placarding or other regulations for HazMat transportation.
  • CHP can, however, be more strict in its state regulations for the licensing of commercial motor vehicles (these are the regulations of USDOT/FMCSA). Therefore, CHP can require a HMTL in circumstances where neither the CDL nor the HazMat Endorsement are required.
  • I referred to the following document for this answer: State of California / Department of California Highway Patrol / Vehicles Transporting Hazardous Materials / CHP 800c (Rev. 9-15) OPI 062.
  • Note: This quantity of HazMat (500 lb) may require the display of placards per USDOT/PHMSA if in a bulk packaging (e.g., IBC) or a Table 1 HazMat (49 CFR 172.504(e)).

I hope this helps. Please contact me with any other questions.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Q&A: Do I need the HazMat and tanker endorsement for Class 9 in totes?

Q&A: Do I need the HazMat and tanker endorsement for Class 9 in totes?

A question from somewhere in America December 07, 2020:

so I read a couple of your articles. we haul class 9 3082 16 totes about 40,000. does the driver need tanker and haz mat endorsement to haul. I know it needs placard.
thanks,

My reply on December 9th:

Thank you for contacting me. Please see below for answers to your questions.

  • 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.Class 9 label on IBC
  • 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.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
  • 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.

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.

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

Info@DanielsTraining.com

https://www.danielstraining.com/
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.

Q&A: Transporting Asbestos as a Hazardous Material and the HazMat Endorsement on the Commercial Driver’s License

Here’s a question I received through my website:

Good afternoon, I was wondering if you could tell me if a CDL driver needs a HAZ-Mat endorsement to haul asbestos, either friable or Non-friable?

Thank you,

My response:

Asbestos is listed as a hazardous material (Class 9 Miscellaneous) in the Hazardous Materials Table at 49 CFR 172.101.

Inline image 2
Special Provision 156 in column 7 of the Table reads as follows:

 Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products is not subject to the requirements of this subchapter.

Bag of asbestos wasteThough the terms friable and non-friable are not used, it seems clear that PHMSA/USDOT is saying that a non-friable form of asbestos is not regulated as a hazardous material, whereas a friable form is.
However, just because it is a hazardous material doesn’t necessarily mean the driver needs the HazMat endorsement on their CDL.  The HazMat endorsement is required on the CDL when the vehicle transports an amount of hazardous material that requires placarding (More…)  In the U.S., a vehicle transporting only Class 9 Miscellaneous is not required to be placarded (More…)  Therefore, a driver of a motor vehicle transporting only Class 9 is not required to have the HazMat endorsement on their CDL.
The driver and anyone else who handles friable asbestos in transportation (e.g. loading, unloading, operating motor vehicle, preparing shipping papers, packaging for transport, etc…) is a HazMat Employee and requires initial and triennial HazMat Employee training as required by the PHMSA/USDOT (this is distinct from OSHA training).
I can provide the training you require.
Please don’t hesitate to contact me with any other questions.
Dan

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

Info@DanielsTraining.com

https://www.danielstraining.com/

What Information Must be on the Commercial Driver’s License (CDL)?

One of the questions I ask attendees of my training – yeah, even though I’m the trainer I still sometimes ask the questions – is this:  “Do you examine a driver’s Commercial Driver’s License (CDL) before he/she leaves your site with a shipment of your HazMat?”  I’m no longer surprised by the blank stares I receive as a form of reply.  The answer, overwhelmingly, is “no”.  Most companies I have had the privilege to provide with HazMat Employee Training do not take what I consider to be a basic step to ensure the safe and secure transportation of their hazardous material once it leaves their property.  That is, to determine if the person operating the motor vehicle transporting their HazMat (including a hazardous waste) has a valid CDL with the necessary endorsements (more on that below).  But before you inspect a CDL, you must know what information is required to be on it.  That is the purpose of this article. (more…)