As a Freight Broker,Trucking Company, IMC or 3PL, the arrangement of hazardous materials transportation might be considered an intimidating endeavor. Transportation of all hazardous materials is governed by the Department of Transportation (49 CFR). Shippers and carriers that perform defined hazmat functions must observe / comply with 49 CFR Parts 100-185 and are considered an “offeror.” An offeror is one who performs any of the following in order to prevent your firm from being classified as an offeror your employees should be trained to not perform in any of the below compliance functions:
* Registration * Marking
* Classification * Labeling
* Packaging * Placarding
* Develop a Security Plan * Training & Emergency Response
* Documentation & Shipping Descriptions
An entity like a property broker, IMC or freight forwarder, that simply connects a shipper with a carrier to move hazardous materials, need not register with the Department of Transportation (DOT), and is not subject to provisions within 49 CFR.
For such entities, not subject to 49 CFR, the following is for information purposes only.
While the legal responsibility under 49 CFR resides with the offerors, entities not subject to the provisions within 49 CFR who wish to provide good customer service to their customers, will be well served to only send in carriers who are properly registered with the Pipelines and Hazardous Materials Safety Administration (PHMSA) and the Federal Motor Carrier Safety Administration (FMCSA) under DOT.
Such motor carriers must meet the qualifications:
* Have a minimum $5 million coverage for hazardous commodities and that the broker obtains written evidence of this (*Please check with your insurance provider about additional requirements for instances with hazardous cargo)
* Abide by all local, state, and federal law requiring the transport of that type of cargo in place
* Have an action plan (not a security plan) in place to deal with incidents
Please note PHMSA registrations are valid for 1-3 years.
Requirements for motor carriers to obtain HMSP are :
Initial or new HMSP applicants and holders of temporary HMSPs are subject to the standards in 49 CFR §385.407, including the fixed out-ofservice rates and the crash rate thresholds. Once an HMSP becomes non-temporary, 49 CFR §385.407 no longer applies to the carrier’s ability to renew its HMSP. Pursuant to 49 CFR §385.407, FMCSA may only issue a HMSP to a motor carrier that has:
■ A “satisfactory” safety rating;
■ A crash rate below the threshold for the current registration cycle that FMCSA has determined represents the percentage above which the carrier falls into the top, or worst-performing 30 percent of the national average;
■ Driver, vehicle, and hazardous material out-of-service rates below the respective threshold in each of these areas, FMCSA has determined represents the percentage above which the carrier falls into the top, or worst-performing 30 percent of the National average;
■ A satisfactory security program (and associated training) according to 49 CFR §172.802;
■ A current Certificate of Registration with PHMSA;
■ A system of communication that enables the vehicle operator to contact the motor carrier during the course of transportation including maintenance of these communications records; and
■ A written route plan that meets the requirements of 49 CFR §397.101 of this chapter for highway route-controlled Class 7 (radioactive) materials or 49 CFR §397.67 of this chapter for Division 1.1, 1.2, and 1.3 (explosive) materials.
■ Proof of insurance on the MCS-90, stating the level of coverage required by 49 CFR §387.9 for the permitted materials being transported.
HazMat regulations have been established to insure safety in handling and transporting hazardous materials. These regulations are found in Title 49 of the Code of Federal Regulations (49 CFR). In the event of an incident, failure to comply could result in civil or criminal penalties.
Helpful Links:
PHMSA Registration certificate lookup: https://hazmatonline.phmsa.dot.gov/Services/companylookup.aspx
FMCSA Permit Verification: http://mcmis.volpe.dot.gov/mcs150t/pkg_shipper.prc_shipper_request
If a waste product is being hauled, an Environmental Protection Agency (EPA) ID and uniform hazardous waste manifest are required as well. *Please note various States have specific regulations. o EPA Facility Identification Lookup: https://www3.epa.gov/enviro/facts/rcrainfo/search.html
For more information, please visit FMCSA’s hazardous materials information website: https://www.fmcsa.dot.gov/regulations/hazardous-materials
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