Truck Topics
The Hazard in HAZMAT and the Alliance
In this edition we'll address some concerns and problems that many drivers have had with the Public Utility Commission of Ohio (PUCO) and violations for failing to register as a hazardous materials carrier.
Q: I picked up a load of HAZMAT and complied with all of the required documentation and placarding. But, when I was stopped and inspected in Ohio, I was given a violation for failure to file a uniform HAZMAT application. I have a Hazardous Materials Certificate of Registration from the USDOT, so what's the deal?
A: Ohio is a member of the Alliance of Uniform Hazardous Materials Transportation Procedures. This Alliance contains seven states (Ohio, West Virginia, Illinois, Michigan, Minnesota, Nevada and Oklahoma), which operate under a Uniform Program, much like the International Registration Plan (IRP). Under the program, a carrier of HAZMAT must register with one of the participating states and receive a permit. Once the permit is approved, it is valid in all seven states.
You were cited by PUCO under the Ohio Administrative Code, which requires motor carriers that are transporting placard required HAZMAT loads through the state of Ohio to register with PUCO or with one of the other states that are in the Alliance. In these particular states, just having the USDOT Certificate of Registration does not satisfy this requirement.
Q: What can PUCO do to me for non-compliance?
A: PUCO is authorized to assess a civil forfeiture of up to $10,000 per day of violation for failure to register as a hazardous materials carrier. However, the amount varies on a laundry list of factors, including the type of violation and number of times you have been cited. Generally, first time offenders are assessed $500- $1000 for failing to register.
If apparent violations are discovered, you will receive a letter from PUCO regarding, "NOTICE OF APPARENT VIOLATION AND INTENT TO ASSESS FORFEITURE." The notice will also include the particular code sections you have allegedly violated. You either can pay the forfeiture amount, or ask for an administrative hearing to contest the matter. You will also be given additional time to file for the uniform HAZMAT registration.
Q: So how do I get into compliance with PUCO?
A: You need to register with PUCO as a Hazardous Materials Carrier, or through your base state if your state participates in the Uniform Program. Again, the seven states that participate in the Alliance are Ohio, West Virginia, Illinois, Michigan, Minnesota, Nevada and Oklahoma.
If your state does not participate in the Uniform Program, then you need to file in the state that you record the most miles traveled who is a signatory of the Uniform Program and requires the national permit.
Since the majority of enforcement action has been coming from Ohio. You might want to contact PUCO for further information and a registration form at the following:
Public Utilities Commission of Ohio
Compliance Division
180 East Broad Street, 5th Floor
Columbus, OH 43266-0351
(614) 466-0351
Or you can download the application for Ohio from: www.puc.state.oh.us/trans/HazMat/HazMatforms/hazmatforms.html.
If you want additional information about the Uniform Hazardous Materials Program you can go to: http://www.subnet.nga.org/alliance/.
For those who want do delve into the history of the whole affair you can go to http://www.fmcsa.dot.gov/safetyprogs/hm/uppp.htm
We hope you can use the information in this column to help with every day, real life problems you face on the road. We invite you to send us any questions or comments you may have regarding transportation law to:
ROAD LAW
1330 N. Classen Blvd., Suite 215, Oklahoma City, OK 73106;
FAX (405) 272-0558;
www.roadlaw.net. or call us at (405) 272-0555.
We look forward to hearing from you.