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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 #04-0292 ([Minnesota Department of Transportation, Office of Freight and Commercial] [Mr. Michael Ritchie])

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

Interpretation Response Details

Response Publish Date:

Company Name: Minnesota Department of Transportation, Office of Freight and Commercial

Individual Name: Mr. Michael Ritchie

Location State: MN Country: US

View the Interpretation Document

Response text:

May 2, 2005


Mr. Michael Ritchie                Reference No. 04-0292
Hazardous Materials Specialist
Minnesota Department
     of Transportation
Off ice of Freight and Commercial
      Vehicle Operations
Mail Stop 420
1110 Centre Pointe Curve
Mendota Heights, MN 55120-4152.

Dear Mr. Ritchie:

This responds to your letter dated December 29, 2004, that requests a clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to certain “pre-transportation” functions as defined in a final rule published on October 30, 2003, under Docket HM--223. Specifically, you ask whether a person (contractor) would be subject to the HMR under the following scenario:

A government (county) agency operates a hazardous waste collection
program for households and small businesses. The hazardous waste is
collected at designated locations within the county and is packaged
and loaded onto county vehicles by a professionally trained contractor.
The waste is then transported to a transfer or consolidation facility
by county employees operating county vehicles.

The answer to your question is no. The transportation of a hazardous material in a motor vehicle by a local government employee, solely for noncommercial local government purposes, is not in commerce and is therefore not subject to the requirements of the HMR. As you correctly note in your letter, because the hazardous waste is not offered or transported in commerce, the “pre-transportation” functions performed by the contractor are not subject to the HMR.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



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


Regulation Sections

Section Subject
177.834 General requirements