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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0109 ([Mr. Todd Nash])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Todd Nash

Location State: NC Country: US

View the Interpretation Document

Response text:

May 30, 2000

Mr. Todd Nash                Ref. No. 00-0109
1715 Whispering Forest Drive, #307
Charlotte, NC 28270

Dear Mr. Nash:

This is in reference to your April II, 2000 letter and telephone conversation with Ms. Diane LaValle of my staff concerning the responsibility of a carrier under the Hazardous Materials Regulations (HMR; 49 CFR Pads 171-180).  Specifically, you ask about the penalties associated with a common carrier who picks up a package for transportation by highway which is in violation of the HMR, transports it to a central processing facility where an audit at the carrier's facility reveals that a violation of the HMR exists.  The carrier then transports the package back to the offeror without rectifying the violations.

Section 171.2(a) states that no person may offer or accept a hazardous material for transportation unless the package conforms to the applicable regulations in the HMR.  Generally, an offeror of the hazardous material must sign a certification statement as required by §172.204(a). As stated in the enclosed formal interpretation published in the Federal Register on June 4, 1988, (63 FR 30411) a carrier violates the HMR when the carrier accepts or transports a hazardous material with actual or constructive knowledge that a package contains a hazardous material which has not been prepared in accordance with the applicable requirements of the HMR.  The formal interpretation also clarifies carrier responsibility and the issue of "knowingly and willfully" violating the HMR.  A carrier may not accept or transport, including continuing to transport, a package which is not in compliance with the HMR.

I hope this satisfies your request.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
171.2 General requirements