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.

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.

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.

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.

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.

• 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.

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

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?

• 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.

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.

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.