Interpretation Response #02-0259 ([Minnesota Department of Transportation] [Michael Ritchie])

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

Interpretation Response Details

Response Publish Date: 07/25/2003

Company Name: Minnesota Department of Transportation

Individual Name: Michael Ritchie

Location State: MN Country: US

View the Interpretation Document

Response text:

JUL 25, 2003

Mr. Michael Ritchie                                                             Ref. No. 02-0259
Hazardous Materials Specialist
Minnesota Department of Transportation
Office of Motor Carrier Services
1110 Centre Pointe Curve
MS 420
Mendota Heights, MN 55120

Dear Mr. Ritchie:

This responds to your letter requesting the clarification of several terms and issues under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1. What is the definition of "contract carrier" when determining eligibility under the exceptions for empty packagings containing the residue of a hazardous material in § 173.29(c) and other similar sections in the HMR?

A1. The term "contract carrier" is used in the HMR in the same manner as in the former Interstate Commerce Act ("the Act," now repealed) to mean a person who transports by motor vehicle, for compensation, passengers or property in commerce "under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of such person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer." A contract carrier provides "specialized service" to its customers, and the Act required the Interstate Commerce Commission to consider "the number of shippers to be served [and] the nature of the service" provided by a contract carrier.
A contract carrier is distinguished from a "common carrier" who "holds itself out to the general public [to transport] passengers or property or any class of classes thereof for compensation," and a "private carrier" who transports its own property for the purposes of sale, lease, or "in furtherance of any commercial enterprise."

Q1a. Is this definition applicable to intrastate shipments?

Ala. Yes, the HMR apply to the interstate and intrastate transportation of hazardous materials in commerce.

Q2. Must the transport vehicle be contracted for exclusive use between one shipper and the carrier or may there be multiple contracted shippers utilizing the same transport vehicle under the empty packaging exceptions in § 173.29(c)?

A2. Under § 173.29(c), a contract carrier may transport packages from multiple offerors, on the same transport vehicle, provided the empty packagings containing residue are collected for purposes of reconditioning, remanufacture or reuse.

Q3. What constitutes "a motor vehicle used exclusively to transport" under the exceptions for diagnostic specimens and biological products when transported by contract carriage in § 173.134(b) (6)?

A3. Under the "used exclusively" provisions of § 173.134(b) (6), the motor vehicle used to transport the diagnostic specimens and biological products may carry only medical or clinical equipment and laboratory products and no other materials. The medical or clinical equipment and laboratory products must be properly packaged and secured against exposure or contamination.

Q3a. What constitutes "a vehicle dedicated to the transportation" under the exceptions for regulated medical waste when transported by contract or private carriage in § 173.134(c)?

A3a. Under the "dedicated use" provisions of § 173.134(c), the motor vehicle used to transport the regulated medical waste may carry only medical or clinical equipment and laboratory products and no other materials. The medical or clinical equipment and laboratory products must be properly packaged and secured against exposure or contamination.
Unless otherwise indicated, under the HMR the terms "dedicated use" and "used exclusively" are synonymous. As used in
§ 173.134, these terms apply to the materials authorized to be carried aboard a transport vehicle. However, in certain cases these terms may be shipper specific. For example, under "exclusive use" of the refiller in § 173.28(b) (7) or as specified in the definition of "exclusive use" in § 173.403.

Q4. Can a contract carrier return an "exclusive use" or a "edicated use"transport vehicle to general use? Under what conditions?

A4. Yes. Once the transportation of diagnostic specimens or biological products or regulated medical waste is completed, a motor vehicle can be used to transport other materials.

Q5. Could a single trip be considered the "dedicated use" or "exclusive use" of a transport vehicle under § 173.134(b) (6) and (c) ?

A5. Yes. There are no minimum number of trips required to satisfy this requirement.

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

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Regulation Sections