Interpretation Response #16-0179 ([Mr. Dustan Burkey])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/15/2017

Company Name:

Individual Name: Mr. Dustan Burkey

Location State: PA Country: US

View the Interpretation Document

Response text:

March 15, 2017

Mr. Dustan Burkey
P.O. Box 404
Carrolltown, PA 15722

Reference No. 16-0179

Dear Mr. Burkey:

This letter is in response to your October 27, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials aboard passenger-carrying vehicles. Specifically, you ask whether it is permissible for passengers to carry 16-ounce cylinders of propane on a charter bus.

The answer is yes, provided that you have no other practicable means of transportation available. If transported on a charter bus, the cylinders must be properly packaged and the hazards must be communicated in accordance with the HMR. The HMR apply to the transportation of hazardous materials in commerce, which includes materials carried by passengers and crew members on chartered vehicles. While hazardous materials—such as propane cylinders—are not prohibited from being carried on a charter bus, the HMR require that they have proper marking, labeling, and shipping paper documentation (which must be provided to the carrier). Further, only bus company employees who have been trained in accordance with Subpart H of Part 172 may perform functions that directly affect the safety of the hazardous materials in transportation. These functions include handling the hazardous materials and driving the bus.

Additional requirements and restrictions pertaining to the transportation of hazardous materials on a motor vehicle, such as driver training, loading and unloading requirements, and gross weight limitations, are addressed in Part 177 of the HMR. Section 177.816 provides additional training requirements; Sections 177.834 and 177.840 provide general and specific requirements for the loading, unloading, and transportation of Class 2 materials (gases); and Section 177.870 specifically restricts the gross weight of any class of hazardous materials (e.g., Division 2.1 for propane) to 45 kg (99 pounds) or less, and the aggregate weight of all other dangerous articles to 225 kg (496 pounds) or less.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172, 177, 177.816, 177.834, 177.840, 177.870

Regulation Sections