Issue link: https://read.dmtmag.com/i/668677
25 Oil Prophets REGULATORY CORNER Easily Avoided • Penalty — $2,600 - $4,200 for the first offense, possible out of service order. Shipping Paper HAZMAT Information Must Match Placard Marking The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 172.301 — Except as otherwise provided in this subpart, no person may offer for transportation or transport a hazardous material in a bulk packaging unless the packaging is marked as required by §172.332 with the identification number specified for the material in the §172.101 table. • The Identification Number on Placard (NA1993, UN1202, UN1203) must match identification number on shipping paper. • Terminal BOL may use UN1202 for diesel instead of NA1993. • Penalty — $1500 -$3,000 Distracted Driver Violation The U.S. DOT's Federal Motor Carrier Safety Administration's (FMCSA) regulations require: • 40 CFR Parts, 384, 390, 391 and 392 383 — CDL drivers who transport placarded quantities of hazardous materials are prohibited from texting or using hand-held mobile phones while operating their vehicles. • One touch device is allowed. • Two way radio is allowed. • Make this a company written policy that driver must sign to avoid company liability. • Penalties — civil penalties up to $2,750 and driver disqualification for multiple offenses. Motor carriers are also prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone while driving and may be subject to civil penalties up to $11,000. Violations will impact carrier safety rating SMS results. Failure to Obtain Annual U.S. DOT Hazardous Material Registration The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 107.608 — Hazardous Material Registration and fee requirements apply to any person who offers for transportation, or transports, in foreign, interstate or intrastate commerce. • A shipment of a quantity of hazardous materials in a bulk packaging (see having a capacity equal to or greater than (3500 gallons) for liquids or gases. • Annual registration due date July 1 of each year. • One, two or three year registrations are available. • Copy of registration must be kept in the cab of the vehicle. • Registration is per company not per vehicle. • Penalty — $1,000 plus $600 for each additional year. Placarding Cargo Tanks to the Lowest Flashpoint The U.S. DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations require: • 49 CFR 172.336(c)(6) — Placard Identification numbers are not required for each of the different liquid petroleum distillate fuels, including gasoline, transported in a cargo tank, if the identification number is displayed for the liquid petroleum distillate fuel having the lowest flash point. • In plain English — It is ok to use the UN1203 gasoline placard in place of the NA1993 placard for diesel fuel when hauling both gasoline and diesel fuel in spate compartments of the same cargo tank vehicle. • PHMSA's Old Interpretation — allowed for split loads and straight loads. • PHMSA's New Interpretation — allowed only for split loads. (Gasoline must be present in at least one compartment to placard down to the lowest flashpoint. • Due to the new interpretation, drivers now must change placards between hauling loads of gasoline and diesel fuel unless one compartment contains gasoline. • Empty compartment that previously held gasoline that are not cleaned and purged of vapors and residue is treated as if it contains gasoline for the purposes of placarding to the lowest flashpoint • Penalty — $2,500 Compliance with these regulations for the most part is easy and inexpensive. However, it doesn't take much under new safety requirements for these violations to earn a motor carrier closer scrutiny from state and federal enforcement authorities or even temporary out of service orders. Being proactive in making certain you are in compliance with these simple regulations could save marketers thousands of dollars in fines, and lost productivity. Take the necessary steps to come into full compliance as soon as possible. If you are uncertain about any compliance requirement, contact your state motor carrier enforcement authority for more details. 5 7 8 6