Hazmat question

[ATeam]

i had paint from valspar..i also am not just a driver but have had extensive training in csa and dot regs..if its marked as a hazmat on bol you must have a license endorsement to haul it.. regulations dont state only placarded hazmat must have endorsement. you cant haul an entire 40k load of ORM which isnt placarded and not have a hazmat endorsement..take bleach..if its on bulk containers you need to placard it..but if its in 1 gallon jugs you dont need to placard it but if you haul a load of bleach in gallon jugs you need an endorsement..

Let's look at your central point. If I read it right, you are saying, "... if its marked as hazmat on bol, you must have a license endorsement to haul it." Is that correct?

And if it is correct, can we state it a bit more specifically so the question can be discussed?

 

[Turtle]

i had paint from valspar..

300 pounds of paint from Valspar isn't material which requires placarding, or a HAZMAT endorsement. I'd be very interested in seeing a copy of that violation. I assume it was summarily dismissed by the judge? If you were cited for hauling HAZMAT without a CDL and the endorsement, and the vehicle was not placarded, you would have been parked and not allowed to drive one inch further with that freight on board your vehicle.

if its marked as a hazmat on bol you must have a license endorsement to haul it..

I would generally agree with that statement, assuming by "marked as hazmat on the bol" you mean the BOL is properly prepared for a HAZMAT shipment, along with the shipper's certificate, and the shipment is, in fact, a hazardous material in quantity which requires placarding.

regulations dont state only placarded hazmat must have endorsement.

Actually that's precisely what they say. "The driver of a commercial motor vehicle that is required to be placarded for hazardous materials or that transports any quantity of material listed as a select agent or toxin in CFR 49 part 73, must have a hazardous material endorsement on their Commercial Driver's License."

you cant haul an entire 40k load of ORM which isnt placarded and not have a hazmat endorsement..

Of course you can. ORM-D doesn't require placarding, doesn't require a signed shipper's certificate (when shipped by ground, anyway), and doesn't require any UN-approved packaging. ORM-D is almost exclusively consumer commodities and are packaged as such. Things like hair spray, charcoal, food flavorings, medicines, household cleaners and chemicals, etc.

take bleach..if its on bulk containers you need to placard it..

Correct. Bleach in bulk containers is not ORM-D, it's UN1791 Corrosive, and is considered hazardous (depending on the concentrations of the hydrochlorites and the total quantity, of course). ORM-D is defined as: "A material which, although otherwise subjected to regulations, presents a limited hazard during transportation due to its form, quantity and packaging."

but if its in 1 gallon jugs you dont need to placard it

Correct, consumer packaged products represent minimal risk to the public and the environment, and therefor are not required to be placarded.

but if you haul a load of bleach in gallon jugs you need an endorsement..

Neither an endorsement nor placarding is required for ORM-D, limited quantities, small quantity shipments, and combustible liquids in non-bulk packages (and in almost all cases, infectious substances). ORM-D includes an entire loads of one-gallon jugs of, I'm assuming, something along the lines of Clorox bleach, and not some other non-consumer strength of bleach. As is noted in the above quote, you only need an endorsement if the vehicle requires placarding, or if the freight is a select agent or toxin.

It's easy to get confused about HAZMAT regulations, because they seem simple yet can be quite complex. It's also why it's a good idea for anyone hauling freight to be familiar with this stuff, because shippers get confused, too, and you never know what a shipper might try to get you to haul, even out of their own ignorance. But as Phil noted, if you do haul HAZMAT with a CDL and the endorsement, you really need to know it well.

This post from a brilliant EO member from four years ago pretty much covers the issues we deal with, and their applicability.

 

[highway star]

My HAZMAT history is similar to Rocket's, I had one and let it lapse. I had gone through fingerprinting and background for border crossing and thought it was just wrong that I should do it again for HAZMAT. These govment agencies need to talk to each other!! And, I wasn't using it anyway. I also just jumped right in for my first test without looking at the study material. I didn't pass, but came close. I did pass the 2nd try later in the day after spending some time with the study material.

I came away with the feeling that the important thing is being able to use the book to look up what you're hauling and how to properly handle it. To me, one of the best pieces of advice in this thread is Phil's suggestion to concentrate on each individual situation. Use the guidance from the book and you should be fine.

Swamp, it seems clear to me that if you go into court with a DOT manual with the regs highlighted that support the fact that you shouldn't have been ticketed, it should be a slam dunk. Since you've had CSA training you know how important that is.