Interpretation Response #00-0305
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
February 23, 2001
Mr. William S. Krimson Ref. No. 00-0305
Supervisor, Transportation Oversight Unit
State of New Jersey
Department of Environmental Protection
P.O. Box 407
Trenton, NJ 08625
Dear Mr. Krimson:
This is in response to your October 24, 2000 letter questioning the timing of the application of placards to a trailer that is in the process of being loaded but contains a quantity of hazardous materials for which placarding is required.
The scenarios presented in your letter deal with the transportation of hazardous wastes in non-bulk packagings and the transfer of these packages between vehicles at a facility and from the facility into vehicles. Specifically, you ask at what point the transport vehicle must be placarded, i.e., when the minimum placardable quantity of hazardous materials is exceeded or when the transport vehicle is fully loaded at the transfer facility.
It is the opinion of this Office that the transport vehicle must be placarded at the time of movement of the vehicle. A shipper or carrier cannot reasonably be expected to determine the appropriate placards that must be displayed on a transport vehicle until the loading or unloading process is completed. It is also not practical for a carrier to constantly change placards on a transport vehicle as different hazardous materials are loaded onto or unloaded from the transport vehicle. The “offering” for transportation referred to in 49 CFR 172.506(a) does not occur until the loading is completed. Similarly, until the loading is completed, the motor carrier has not begun “transporting” the hazardous materials within the meaning of Section 172.506(a)(1).
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
|Providing and affixing placards: Highway