Issue link: https://read.dmtmag.com/i/668677
24 Oil Prophets Mark S. Morgan PMAA Regulatory Counsel Washington, D.C. - Increasingly, petroleum marketers are facing on site U.S. DOT compliance audits and stepped up roadside enforcement of federal hazardous materials and federal motor carrier safety regulations. Recent changes to the U.S. DOT's motor carrier safety rating system weighs individual violations more heavily than ever before. As a result, the chances for a fleet wide out of service order due to common safety violations are far more likely than under the old safety rating program. The following list includes the most common motor carrier safety violations that occur each year. These safety requirements require very little compliance costs and should be managed carefully to avoid possible out of service orders. Driver Failure to Wear Seatbelt The U.S. DOT's Federal Motor Carrier Safety Administration's (FMCSA) regulations require: • 40 CFR 392.16 — "A commercial motor vehicle that has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly." • Penalty — $1,000 first offense. Out of service for third offense plus potential fine up to $75,000. Failure to Keep a Copy of U.S. DOT Hazardous Material Registration in Cab of Truck The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 107.620(b) — After January 1, 1993, each motor carrier subject to the requirements of this subpart must carry a copy of its current Certificate of Registration issued by PHMSA or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." on board each truck and truck tractor. • The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. • Penalty — $2,000, possible out of service order. Failure to Provide HAZMAT Shipping Paper Information in Proper Order The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 172.202(a) — Description of hazardous material on shipping papers. The shipping description of a hazardous material on the shipping paper must include: • OLD SEQENCE = Gasoline, 3, UN1203, PG II, 1 Cargo Tank • NEW SEQUENCE = UN1203, Gasoline, 3, PGII, 1 Cargo Tank • Identification Number • Proper Shipping Name • Hazard Class • Packing Group • Quantity • Required Beginning January 1, 2013 • Penalty — $800 -$1,600 per occurrence, likely out of service order, probable on site compliance audit. Failure to Provide an Authorized Emergency Response Telephone Number on Shipping Paper The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 172.604 — "A person who offers a hazardous material for transportation must provide an emergency response telephone number…..for use in the event of an emergency involving the hazardous material." • You must provide the number yourself. You cannot piggy- back on emergency numbers used by your supplier without prior, written authorization. You must arrange with a vendor for your own emergency response number in the absence of supplier authorization. REGULATORY CORNER Most Common U.S. DOT Violations are 1 2 3 4