
The Government Employee Exemption to the USDOT Hazardous Materials Regulations
At its beginning (49 CFR 171.1) the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA limits its applicability to the following:
- Persons who transport hazardous materials in commerce.
- Persons who cause hazardous materials to be transported in commerce.
- Persons who manufacture or maintain a packaging to be used for the transportation of a HazMat in commerce.
- Anyone who indicates by marking or other means that a HazMat is present in a packaging or conveyance being transported in commerce when it is not.
- Anyone who tampers with a package or transport conveyance of a HazMat in transportation or the markings, labels, placards, or shipping description of a hazardous material being transported in commerce.
In sum, the HMR applies to any activity a person may engage in that involves the transportation in commerce of a hazardous material.
However, 49 CFR 171.1(d) identifies, “Functions not subject to the requirements of the HMR.” The subject of this article is to look at one of the seven exempt functions: The Government Employee Transportation Exemption of 49 CFR 171.1(d)(5). (more…)