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Interpretation Response #06-0070 ([Culver Enterprises, Inc.] [Mr. John Culver])

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

Interpretation Response Details

Response Publish Date:

Company Name: Culver Enterprises, Inc.

Individual Name: Mr. John Culver

Location State: MD Country: US

View the Interpretation Document

Response text:

May 3, 2006


Mr. John Culver                 Reference No. 06-0070
Culver Enterprises, Inc.
27881 Nanticoke Road
Salisbury, MD 21801-1646

Dear Mr. Culver:

This is in response to your March 28, 2006, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Specifically, you ask whether your drivers may act as “agents” for your customers and sign the shipper’s certification.

The answer is yes. Under the provisions of § 172.204(d)(1), a shipper’s certification “must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent.” At the direction of your customers or through contractual arrangement, a third party may perform the functions of an offeror (shipper), such as signing the certification statement on a shipping paper to certify that hazardous materials are being offered for transportation in accordance with the HMR. Under the HMR, any person performing functions of an offeror is responsible for performing those functions in accordance with the HMR.

Note that, because your drivers are acting as agents of your customers, your customers may be held responsible for your drivers’ non-compliance with the HMR, and vice-versa. The degree of regulatory liability is usually determined on a case-by-case basis, and is dependent on the facts of the specific situation.

I hope this satisfies your request.



Charles E. Betts 
Transportation Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.204 Shipper's certification