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Interpretation Response #00-0115 ([Warner Norcross & Judd LLP] [Mr. Scott D. Hubbard])

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

Interpretation Response Details

Response Publish Date:

Company Name: Warner Norcross & Judd LLP

Individual Name: Mr. Scott D. Hubbard

Location State: MI Country: US

View the Interpretation Document

Response text:

June 6, 2000

Mr. Scott D. Hubbard                Ref. No. 00-0115
Warner Norcross & Judd LLP
900 Old Kent Building
111 Lyon Street, N.W.
Grand Rapids, MI 49503-2487

Dear Mr. Hubbard:

This is in response to your April 12, 2000, letter concerning the incident reporting requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you requested clarification of incident reporting when your client, when receiving a hazardous material delivery, participates in the unloading activities which result in a release requiring an incident report.

Section 171.16 states that each carrier that transports hazardous materials is responsible for reporting hazardous materials indents.  While your client may be performing the function of a carrier, if the carrier is present during the time of unloading and the motive power is still attached to the transport vehicle when the incident occurs, the carrier is responsible for submitting the incident report form as required in §171.16. If the carrier has dropped the transport vehicle and the motive power is removed from the premises, the carrier obligation is fulfilled and transportation has ended; thus, the incident reporting regulations would not apply.

You may be interested in two rulemakings which address these issues: Docket HM-223  "Hazardous Materials: Applicability of the Hazardous Materials Regulations"  and Docket HM-229  "Hazardous Materials Incident Reporting Requirements, and the Detailed Hazardous Materials Incident Report DOT Form F 5800.1." These are available through our website (

I hope this satisfies your request.


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


Regulation Sections

Section Subject
171.16 Detailed hazardous materials incident reports