Interpretation Response #00-0119 ([Broward County Transit] [Ms. Sylvia M. Smith])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Broward County Transit
Individual Name: Ms. Sylvia M. Smith
Location State: FL Country: US
View the Interpretation Document
Response text:
September 21, 2000
Ms. Sylvia M. Smith Ref No. 00-0119
Manager, Service Development
Broward County Transit
Community Services Department
Mass Transit Division
3201 W. Copans Road
Pompano Beach, FL 33069
Dear Ms. Smith:
This responds to your letter regarding the transportation of electric and gasoline powered bicycles on public buses carrying passengers for hire under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether these bicycles are regulated under the HMR and what authority you may have in order to implement your own policy in the interest of public safety.
Under §173.220 of the HMR, a battery and flammable liquid powered bicycle transported in commerce on a motor vehicle would not be subject to any other requirements of the HMR under the following conditions:
(1) the fuel tanks are securely closed;
(2) installed batteries are protected from short circuits and leakage;
(3) safety devices or other hazardous materials that are not necessary for the operation of the bicycle or for the safety of the operator and its passenger are removed from the bicycle, and are packaged and transported in accordance with the HMR.
The Federal hazardous materials transportation law sets forth the circumstances under which a differing state or local law on the transportation of hazardous material is preempted. See 49 U.S.C. §5125. If the County applies the same conditions set forth in 49 CFR 173.220 to the transportation of battery and flammable liquid powered bicycles on a motor vehicle, its requirements would not be preempted.
I trust this satisfies your request. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
177.870