Anyone shipping or transporting hazardous materials by highway within the U.S. must follow the Hazardous Materials Regulations (HMR) as required by the Pipeline and Hazardous Materials Safety Administration (PHMSA). Carriers also need to follow the regulations set by the Federal Motor Carrier Safety Administration (FMCSA).

With large volumes of hazardous materials on the roads each day PHMSA and FMCSA have taken steps to increase safety for the public. These steps provide guidance and regulations in areas such as:

• Accepting a shipment
• Loading and unloading
• On the road
• Violations and enforcement

• Before accepting the shipment, the carrier must ensure all the proper documentation needed for transportation is available and completed correctly.

FMCSA prohibits carriers from transporting any hazardous materials that require a Hazardous Materials Safety Permit unless the carrier holds a safety permit. The hazardous materials regulations (HMR) also prohibit carriers from accepting or transporting hazardous materials that are:

• Forbidden as listed in the Hazardous Materials Table (HMT), or
• Not prepared according to the HMR.

Before accepting the shipment, the carrier must ensure all the proper documentation needed for transportation is available and completed correctly.

• Documentation required for a hazardous materials shipment includes shipping papers, emergency response information, permits, and more.

Documentation associated with a hazardous materials shipment is often overlooked and carriers typically don’t find out they are missing it until it’s too late. When reviewing hazmat documentation, carriers should be on the lookout for:

• Shipping papers
• Emergency response information
• Pipeline and Hazardous Materials Safety Administration (PHMSA) registration
• Special permit
• Explosive documentation

Shipping papers

Hazardous materials shipments must be accompanied by proper shipping papers, such as bills of lading, hazardous waste manifests, etc. During the trip, the driver is responsible for maintaining the shipping papers, so they are easily accessible to authorities in the event of an incident, accident, or inspection.

• If the hazardous material shipping paper is carried with any other papers, it must be clearly distinguished, either by tabbing it or having it appear first.
• When the driver is at the controls, the shipping papers must be within immediate reach when the driver is restrained by the seat belt.
• The shipping papers must be readily visible to someone entering the driver’s compartment, or in a holder mounted on the inside of the door on the driver’s side.
• If the driver is not in the vehicle, the shipping papers must be either in the holder on the door or on the driver’s seat.

Each carrier receiving a shipping paper must retain a copy or an electronic image of the shipping paper for one year after the material is accepted. Each shipping paper copy must include the date of acceptance by the carrier. Hazardous waste shipping papers must be retained for three years after the material is accepted by the initial carrier.

Emergency response information

Most hazardous material shipments (except those that do not require shipping papers or most limited quantity materials) must have emergency response information on or in association with the shipping paper. If the information is in association with the shipping paper it may be in the form of the Emergency Response Guidebook, a Safety Data Sheet, or any other form that provides all the information required in 172.602.

In most cases, a numeric emergency response telephone number must be entered on the shipping paper. It can be immediately following the description of each hazardous material or, if the number applies to every hazardous material entered on the shipping paper, entered once on the shipping paper in a clearly visible location.

When the person offering hazardous materials for transport is also the emergency response telephone information provider, that person’s name must be entered on the shipping paper near the emergency response telephone number. In addition, when the telephone number of an emergency response information (ERI) telephone service provider is used, the name of the person who is registered with the ERI service provider, or the contract number or other unique identifier assigned by the ERI provider, must be placed on the shipping paper near the emergency response telephone number. However, the above requirements do not apply if the name or identifier is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner to be easily and quickly found.

PHMSA registration

Carriers that are required to register with PHMSA must carry, on board each vehicle that is transporting a hazardous material requiring registration:

• A copy of the carriers’ current Certificate of Registration; or
• Another document bearing the registration number identified as the “U.S. DOT Hazmat Reg. No.”

Special permit

Certain hazardous materials that shipped or transported under a special permit require a copy of the permit to be carried with the hazmat shipping papers.

Explosive documentation

Carriers transporting Division 1.1, 1.2, or 1.3 (explosive) materials are required to carry:

• A copy of Part 397, Transportation of Hazardous Materials; Driving and Parking Rules (Federal Motor Carrier Safety Regulations).
• A document containing instructions on what to do in the event of an accident or delay in the shipment. This information must also include the name of the Class 1 materials being transported and names and phone numbers of all persons to be contacted in the event of accident or delay.
• Proper shipping papers.
• A written route plan for the movement of Class 1 materials.

• Following the correct procedures during loading and unloading of hazardous materials will minimize the potential for accidents.

Loading and unloading hazardous materials from a commercial motor vehicle (CMV) may seem like a fairly common task. However, if it’s done in a haphazard manner or if it’s done improperly, the results could be disastrous. Knowing and understanding the following vital procedures during the loading and unloading process will minimize the potential of a mishap occurring.

• Proper procedures to use while loading and unloading hazardous materials include making sure the parking brake is set, using tools properly to avoid damage to packages or containers, and ensuring there is no smoking on or near the vehicle.
• Hazmat packages should be secured against movement in the vehicle, and properly oriented (e.g., “This Side Up”) when required.

Certain procedures must be followed when loading and unloading hazardous materials from a vehicle. These procedures, as set out in the hazardous materials regulations (HMR), are intended to protect anyone who is near the vehicle during the loading and unloading process.

Parking brake

During the loading and unloading of any hazardous materials, the vehicle’s parking brake must be set. In most cases, it’s also a good idea to chock the wheels to prevent the vehicle from moving or shifting in the event of a brake failure. All precautions must be taken to prevent movement of the vehicle.

Tools

Any tools used in loading or unloading hazardous materials must be used with care so as not to harm packages or damage closures on packages or containers. To reduce the chances of a fire, it’s also a good idea to use tools that have low or no spark properties.

No smoking

Smoking on or near any vehicle while loading or unloading any Class 1 (explosives), Class 3 (flammable and combustible liquid), Class 4 (flammable solid), Class 5 (oxidizer), or Division 2.1 (flammable gas) is forbidden. Care should be taken to keep all fire sources (matches and smoking materials in particular) away from any vehicle hauling these materials.

Orientation markings

Packages that display orientation markings such as “This Side Up” or up arrows, must be loaded according to those markings. Those packages must also remain in the correct position as indicated by the markings throughout the transportation process.

Securing packages

Packages containing any hazardous materials not permanently attached to a vehicle must be secured against any movement, including shifting or movement between packages during normal transportation. Packages having valves or other fittings must be loaded in a way that minimizes the chances of damaging the valve or fitting during transportation.

Cargo heaters

Typically, the regulations do not allow Class 1 (explosives), Division 2.1 (flammable gases), and Class 3 (flammable liquids) to be loaded or transported in transport units equipped with cargo heaters (including automatic cargo heater/air conditioner units) unless the cargo heater is rendered inoperable by:

1. Draining or removing the cargo heater fuel tank.
2. Disconnecting the heater’s power source.

• Cargo tanks being unloaded or loaded with hazardous materials must be attended by a qualified person at all times.

Cargo tanks that are being loaded and unloaded with hazardous materials must be attended at all times by a qualified person. The person who is responsible for loading the cargo is also responsible for seeing that the vehicle is attended. However, the carrier’s obligation to oversee unloading ceases when the following conditions are met:

• The carrier’s transportation obligation is completed.
• The cargo tank is placed on the consignee’s premises.
• Motive power is removed from the cargo tank and the premises. (177.834)

A person is considered attending a cargo tank only if, throughout the process:

1. Except for specific unloading operations for Combustible Liquids, Liquefied Petroleum Gas, and Anhydrous Ammonia, the person:
   • Is alert,
   • Is within 25 feet (7.62 meters) of the cargo tank, and
   • Has an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during unloading.
   
   OR
2. The qualified person observes all loading or unloading operations by electronic surveillance from a remote-control station and the following are met:
   • The video monitoring camera provides an unobstructed view of all equipment involved, The surveillance system provides surveillance at least equal to a human observer,
   • Shut-off valves are operable from a remote-control station,
   • Upon loss of electronic surveillance, the operations are immediately terminated,
   • A containment area must be capable of holding the contents of as many cargo tanks that might be loaded at one time, and
   • The qualified person must conduct a visual inspection of the cargo tank motor vehicle after it is loaded and prior to departure.
   
   OR
3. Hoses are equipped with devices at each end that are able to stop the flow of product from both the source and the receiving tank within one second without human intervention in the event of an incident and the following are met:
   • Each hose must be visually inspected prior to each use, and
   • The loading/unloading operation must be physically inspected at least once every 60 minutes.

A qualified person is someone who is:

• Aware of the nature of the hazardous material,
• Instructed in emergency procedures, and
• Except for persons observing by electronic surveillance and those inspecting hoses equipped with stop devices, is authorized to move and has the means to move the cargo tank.

Once the loading or unloading process is complete, the driver must make sure that all manhole covers and valves are securely closed. Drivers must also walk around the cargo tank to ensure there are no leaks prior to moving the cargo tank.

• Certain hazardous materials must not be stored or transported together, to prevent them from reacting with each other.

To prevent non-compatible hazardous materials from reacting with each other, the hazardous materials regulations (HMR) contain segregation requirements that indicate which hazardous materials may not be loaded, transported, or stored together. Hazardous materials which are in packages that require labels, in a compartment within a multi-compartmented cargo tank, or in a portable tank loaded in a transport vehicle or freight container are subject to the segregation requirements.

Hazardous materials may not be loaded, transported, or stored together, except as provided in the hazmat segregation table in Part 177.848. This helps to ensure nothing happens to endanger life or property during the transportation process.

In addition to the segregation table, cyanides and cyanide mixtures or solutions may not be stored, loaded, or transported with acids if a mixture of the materials would generate hydrogen cyanide.

Also, Division 4.2 materials may not be stored, loaded, or transported with Class 8 liquids, and a Division 6.1 Packing Group I, Hazard Zone A material may not be stored, loaded, or transported with Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1, or 5.2 material.

Instructions for using the segregation table in Part 177.848 are as follows:

The absence of any hazard class or division or a blank space in the Table indicates that no restrictions apply.

The letter “X” in the Table indicates that these materials may not be loaded, transported, or stored together in the same transport vehicle or storage facility during the course of transportation.

The letter “O” in the Table indicates that these materials may not be loaded, transported, or stored together in the same transport vehicle or storage facility during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur. Notwithstanding the methods of separation employed, Class 8 (corrosive) liquids may not be loaded above or adjacent to Class 4 (flammable) or Class 5 (oxidizing) materials; except that shippers may load truckload shipments of such materials together when it is known that the mixture of contents would not cause a fire or a dangerous evolution of heat or gas.

The “*” in the Table indicates that segregation among different Class 1 (explosive) materials is governed by the compatibility table for Class 1 (explosive) materials in 177.848(f).

The note “A” in the second column of the Table means that, notwithstanding the requirements of the letter “X”, ammonium nitrate (UN1942) and ammonium nitrate fertilizer may be loaded or stored with Division 1.1 (explosive) or Division 1.5 materials.

When the 172.101 Table or 172.402 requires a package to bear a subsidiary hazard label, segregation appropriate to the subsidiary hazard must be applied when that segregation is more restrictive than that required by the primary hazard. However, hazardous materials of the same class may be stowed together without regard to segregation required any secondary hazard if the materials are not capable of reacting dangerously with each other and causing combustion or dangerous evolution of heat, evolution of flammable, poisonous, or asphyxiant gases, or formation of corrosive or unstable materials.

• Most vehicles that transport hazardous materials will need to carry the appropriate placards.

The hazardous materials regulations (HMR) require most vehicles transporting hazardous goods to be placarded. The shipper is responsible for providing the appropriate placards to the motor carrier for a shipment. The carrier is responsible for applying them correctly to the vehicle and maintaining them during transport. In addition, carriers are responsible for any placarding necessitated by aggregate shipments which collect at their terminals. Large freight containers (640 cubic feet or more) must be placarded by the shipper.

Placards must be affixed on all four sides of the vehicle, trailer or cargo carrier. The front placard may be on the front of the tractor or the cargo body. Placards must be removed from any vehicle not carrying hazardous materials.

• Any shipper or carrier who is found to be not complying with the requirements described in the hazardous materials regulations is subject to fines.

Anyone shipping or transporting hazardous materials is responsible for following the requirements prescribed in the hazardous materials regulations (HMR). However, anyone found not complying with parts regulations that relate to them, may be fined.

Except for a minimum penalty of $582 for violations related to training, the HMR does not have minimum penalty amounts. The HMR has maximum penalty amount of $96,624 for each violation. However, it the violation results in death, serious illness or injury, or substantial destruction of property, the maximum penalty is increased to $225,455. It’s also important to note that if the violation is a continuing one, each day is considered a separate offense.