Interpretation Response #14-0176 ([CMV Inspector] [Mr. Gilbert Castro])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CMV Inspector
Individual Name: Mr. Gilbert Castro
Location State: TX Country: US
View the Interpretation Document
Response text:
March 19, 2015
Mr. Gilbert Castro
CMV Inspector
8997 Foggy Loop
Laredo, TX 78045
Reference No. 14-0176
Dear Mr. Castro:
This is in response to your September 23, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the securement of packages containing hazardous materials during highway transportation. You provide several photographs of intermediate bulk containers (IBCs) that are secured using boards nailed to the floor of the trailer and ask if this method of securement is in violation of § 177.834(a) when there is no evidence of shifting.
The IBCs in the pictures you provided would be in violation of § 177.834(a). The longitudinal (front to back) securement of the load may be appropriate, however, the lateral (side to side) securement is insufficient. Section 177.834(a) of the HMR provides, "Any package containing any hazardous material, not permanently attached to a motor vehicle, must be secured against shifting, including relative motion between packages, within the vehicle on which it is being transported, under conditions normally incident to transportation." As loaded, the space between the IBCs and the sides of the trailer could allow the IBCs to shift, and there is no securement mechanism in place on at least some of the IBCs to prevent them from shifting side to side. As noted in a previous interpretation issued by this office, Ref. No. 12-0136, specific methods for securing packages in a motor vehicle are not provided in the HMR. However, varied methods, such as tiedowns, using dunnage or other cargo, shoring bars, jack bars, or toe-boards would be acceptable to secure the IBCs from side to side movement within the trailer.
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
177.834(a)
Regulation Sections
| Section | Subject |
|---|---|
| 177.834 | General requirements |