Interpretation Response #04-0116
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Oct 13, 2004
Mr. William J. Briner Reference No. 04-0116
800 North Lindbergh Blvd.
St. Louis, Missouri 63167
Dear Mr. Briner:
This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180) adopted under Docket HM-223 (final rule published October 30, 2003; 68 FR 61906), to operation of a forklift truck carrying hazardous materials between buildings of your corporate campus on private roads.
The forklift truck travels less than 1/4 mile on the facility’s private roads. When the gates to the campus entrances are open, which is normally the case during daytime hours Monday through Friday, there is public access to the facility, but corporate security officers patrol the campus and monitor the entrances with cameras. You believe that the above-described scenario is considered a pre-transportation function performed prior to movement of the hazardous material and does not require a shipping paper, placards and a Commercial Driver’s License (CDL) with a hazmat endorsement.
The movement of hazardous material that occurs entirely within a contiguous facility boundary where public access is restricted is not commercial transportation and therefore is not subject to the requirements of the HMR. The HMR do not apply to rail and motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted, except to the extent that the movement is on or crosses a public road or is on a track that is part of the general railroad system of transportation. If it is, access to the public road must be restricted by signals, lights, gates, or similar controls. Therefore, your company’s movement of the hazardous material in a forklift truck between buildings of your corporate campus on private roads is not subject to the HMR and does not require a shipping paper, placards, or a Commercial Driver’s License (CDL) with a hazmat endorsement.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
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