hazmat endorsement

Q&A: Does the transport of 55-gallon drums containing the residue Class 3 Flammable Liquid require a HazMat Endorsement on the driver’s CDL?

Q&A: Does the transport of 55-gallon drums containing the residue Class 3 Flammable Liquid require a HazMat Endorsement on the driver’s CDL?

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.

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

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Daniels Training Services, Inc.

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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 Flammable Liquid Placards

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.

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: Is a HazMat Driver required for the transportation of UN3481 lithium ion batteries in snow blowers?

A question on 01.29.21:

Hi Daniel,

Have a project I am running from Mahwah, NJ to Philadelphia, PA.

It was my understanding that if the total weight of the hazardous material was under 1,000lbs then it did not require a hazmat certified driver. These batteries inside of these snowblowers weigh about 8lbs and the total weight on the full truck loads is 448lbs.

What are your thoughts? Do you think we will need a hazmat driver or could we technically use a normal driver?

Thanks in advance

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply 01.29.21:

Thank you for contacting me. Please see below.

  • The requirement to have a driver with a HazMat endorsement on their CDL is based on one criteria: Is the vehicle operated by the driver required to display placards? If yes, then the HazMat endorsement is required. If no, then HazMat endorsement is not required.
  • For most HazMat, if the aggregate gross weight of the consignment is 454 kg (1,001 lb) or less it does not require the display of placards unless in a bulk packaging or a Table 1 HazMat.
  • Also, it is not required to display the Class 9 Miscellaneous placard on a vehicle operating within the U.S. Read: Is the class 9 placard required?
Class 9 Placard

Class 9 Miscellaneous placard

  • Lithium batteries are a Class 9 Miscellaneous.
  • Therefore, no matter the weight of lithium batteries, placards are not required to be displayed on the vehicle. Therefore, a HazMat endorsement is not required on the CDL.
  • This consignment may be transported by a driver that does not have the HazMat endorsement on their CDL.
  • However, regardless of the quantity or type of HazMat, the driver will need HazMat Employee training with Driver Training.

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

And that did it!

Thank you, I will let you know.

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.

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  • 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: Do I need the HazMat endorsement on my CDL to haul UN2211, Polymeric beads?

Pretty simple question from December 4, 2017:

I’m hauling UN2211 class 9 Polymeric Beads 44K lbs

Do I need to be Hazmat Endorsed as a Carrier to haul this?

Pretty simple answer:

No. The Class 9 placard is not required to be displayed on a motor vehicle within the U.S. Read: Is the class 9 placard required?

However, if you are transporting a bulk packaging (read: Bulk Packaging for HazMat Explained!), you must display the identification number (2211) on all four sides of the vehicle. You MAY choose to display the identification number on the class 9 placard.

Since the Class 9 placard is not required to be displayed, you are not required to have the HazMat endorsement on your CDL.  The HazMat endorsement is only required if you transport a quantity of HazMat that requires the display of placards.

However, if you transport any quantity of HazMat you must have HazMat Employee training to include a component on safe driving.

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

His reply:

Thank you for the clarification.  Basically I’m not Hazmat Endorsed.  My drivers are not Hazmat certified.  But because it’s a UN2211 Class 9. Then we can still haul it even though it’s over 2,000 LBS.

My clarification:

Yes.  That is correct.

  • Placards are not required for Class 9 in the U.S. no matter the amount.
  • The HazMat endorsement on the CDL is only required if the vehicle transports a quantity of HazMat that requires placards.
  • However, HazMat Employee training is required for anyone involved in the transportation of a hazardous material – even Class 9.
  • An additional component of Driver Training should be added to HazMat Employee training.
  • Also, though terms such as “Hazmat Endorsed” or “Hazmat certified” are used in the industry, they don’t exist in the regulations.  The regulations of the Federal Motor Carrier Safety Administration (FMCSA) refer simply to the HazMat Endorsement on the Commercial Driver’s License (CDL).
Q&A: Is the HazMat endorsement required on the CDL when transporting Class 9?

Q&A: Is the HazMat endorsement required on the CDL when transporting Class 9?

A substantial percentage of the questions I receive pertain to Class 9 Miscellaneous and its placarding requirements.  Here’s one of them:

If a container has a class 9 placards and an orange placard with 4 digit # does the driver have to have hazmat endorsement on their license to haul? Product is agricultural pesticides and fertilizers.

Thanks

I was busy just then and wanted to give him a quick answer but also wished to provide more information. So, here’s my answer:

Short answer: No.

I will provide the long answer later today.

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/

And later that night, I provided the long answer:Class 9 Miscellaneous placard on truck

I will provide a more complete answer to your question:

I hope this helps.  Please don’t hesitate to contact me if you have any other questions.

Also, you may wish to read:  Requirements for Training of HazMat Employee Drivers

That seemed to be the answer he needed because I didn’t hear any more from him.

The USDOT regulations for the transport of hazardous materials can be a challenge.  The challenge is increased when the USDOT regulations for a commercial motor vehicle are also a factor.  I can help you when the challenge is greatest.  Please contact me with questions or if you require USDOT training for HazMat Drivers.

FAQ: When is HazMat Employee Driver Training not Required?

Here’s a question from someone who attended one of my Training Seminars (now suspended) on October 8, 2015:

Dan did you say in training that companies can use a hazmat drivers license as hazmat training and not train them on hazmat every three years?

Sent from my iPhone

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

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My response later that day (10.8.15):

USDOT regulations allow the HazMat Employer to rely on a driver’s maintenance of their CDL (with routine testing and renewal required by their state) as compliance with the requirement to train HazMat drivers at 49 CFR 177.816.

However, this does not preclude the requirement to provide triennial HazMat Employee Training.
It is also important to note that a Commercial Driver’s License is only required if a motor vehicle transports a quantity of HazMat that requires placarding.  It is quite possible that a driver of a motor vehicle transporting HazMat does not require placarding nor a CDL.
In other words, HazMat Employee Training is required every three years for the operator of a motor vehicle transporting any amount of HazMat, but the HazMat Employer may opt out of providing the additional Driver Training if they feel the maintenance of the CDL with endorsements is sufficient.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Read this article of mine for more information:  USDOT Driver Training Requirements.

I hope this helps.  Please don’t hesitate to contact me with any other questions.
Thanks
Dan
Got a question about training your HazMat Drivers or any other HazMat Employee?  Contact me and I’ll be glad to help.

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…)

The Transportation of HazMat and the Regulations of the PHMSA and the FMCSA

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…)