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Applicability of the HMR for U.S. military



Regulation summary

Section 171.1 establishes the applicability of hazardous materials regulations (HMR) to persons and functions.


In this scenario, the United States Army inquires if tankers owned and operated by the U.S. Army are subject to the hazardous materials regulations. In this interpretation, PHMSA addresses requirements for Class 3 hazardous materials used in training and field activities.

Interpretation Summary

In interpretation Ref. No. 04-0118, PHMSA advises that statutory authority is granted to the Department of Transportation under the federal hazardous materials transportation law and is limited to transportation in commerce.

  • Shipments of hazardous materials transported by a government entity in vehicles operated by government personnel for non-commercial purposes are not subject to the HMR.
  • Therefore, the transport of hazardous materials in military vehicles operated solely for non-commercial military purposes is not subject to the HMR.
  • However, if the government-owned fuel tankers are operated by a contractor or if a contract-carrier is being used for the transportation of hazardous materials, then the HMR applies.