Just one of those questions I frequently get from out of the blue:
What placard do I need if I am hauling a gas and water mixture?
How many gallons of that can I haul in a trailer behind my personal truck without having to go through the DOT?
My reply:
I will try to answer your question. Please see below.
You must first determine if what you intend to ship is a hazardous material (HazMat) per the regulations of the USDOT/PHMSA. Depending on the concentration of water and gasoline, what you describe may be hazardous or non-hazardous. For the purposes of this discussion I will assume it to be HazMat.
If the quantity of HazMat transported is 1,001 lb (454 kg) or more the vehicle must display placards and it must be registered as a commercial vehicle.
If the HazMat is in a bulk packaging the vehicle must display placards and the vehicle must be registered as a commercial vehicle.
If the gross vehicle weight is greater than 10,000 lbs (this includes the vehicle, the HazMat, &etc.) the vehicle must be registered as a commercial motor vehicle.
Some state regulations are more strict than the above Federal regulations and may regulate commercial vehicles at weights of less than 10,000 lbs. (California, for example).
I hope this helps. Please don’t hesitate to contact me with any other questions.
And I assume that satisfied him because he didn’t reply (which also frequently happens).
Feel free to contact me if you have any questions about the transportation of a hazardous material and especially if you are uncertain about what is – and isn’t – a hazardous material.
The question came by way of a telephone conversation on August 28, 2017 (no transcript available). A gentleman was interested in the transport of asbestos waste – a hazardous material per USDOT/PHMSA regulations if friable – in California. He needed to know if the transport in commerce of asbestos waste was subject to California regulations as a commercial motor vehicle (CMV). I had the time to research the California regulations (this isn’t my usual area of expertise) and fire off to him some information in an email that same day:
Please see below for some guidance regarding the status of CMVs in California.
Title 13 of the California Vehicle Code (CVC) part 260 defines a commercial vehicle:
A commercial vehicle is a type of vehicle:
Used or maintained for the transportation of persons for hire, compensation, or profit (for example, a taxi or limousine).
Designed, used, or maintained primarily for the transportation of property.
Types of motor vehicles include but are not limited to:
Motor Truck (CVC 410)
Pickup (CVC 471)
Per 13.005, commercial vehicles must be registered – and pay fees – based on their gross vehicle weight (GVW).
Based on the above it appears that the California definition of a CMV (aka: Regulated Vehicle) is more strict than the Federal regulations or other states.
Also:
The transporter of a hazardous waste (RCRA or non-RCRA) must be registered with DTSC.
CVC §15278(a)(4) requires a HazMat endorsement for those who drive a vehicle requiring placards.
As noted earlier, asbestos as a Class 9 Miscellaneous is not required to display placards.
Other hazardous waste (both RCRA & non-RCRA) may require the display of placards depending on the quantity.
The transportation in commerce of hazardous materials – which includes asbestos waste – is subject to the regulations of several agencies: OSHA, for the potential exposure to employees; USEPA, to reduce the impact of its disposal on the environment; USDOT/PHMSA, for its safe transportation on public roadways; and those of your state if the transportation is for a business. Some states, like California, have even more strict regulations for the operation of commercial motor vehicles (CMVs).
The regulations of the Federal Motor Carrier Safety Administration (FMCSA) apply to the motor carrier (employer), driver (employee), and operation of a Commercial Motor Vehicle. Among the regulations of the FMCSA, at 49 CFR 392 & §396, are those that require the regular, and sometimes documented, inspection of a CMV. These regulations, like a lot of others, have become shrouded in confusion, resulting in a mistaken belief that a documented pre- and post-trip inspection is required of all CMVs. The purpose of this article is to explain the requirements for a motor carrier and driver to conduct inspections of a commercial motor vehicle in compliance with the Federal Motor Carrier Safety Regulations (FMCSR). (more…)
The transportation in commerce of any quantity of a hazardous material will be subject to the Hazardous Material Regulations of the PHMSA. In general, the regulations of the FMCSA will apply to the persons that transport passengers or property by motor vehicle (ie. carriers). Both agencies, however, have exceptions and exemptions from full regulation. Determining the applicability of these two distinct sets of regulations to the transportation of hazardous materials is the purpose of this article. (more…)
