Interpretation Response #16-0085R ([Office of Motor Vehicle Enforcement] [Captain Dean House])

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

Interpretation Response Details

Response Publish Date: 03/15/2017

Company Name: Office of Motor Vehicle Enforcement

Individual Name: Captain Dean House

Location State: IA Country: US

View the Interpretation Document

Response text:

March 15, 2017

Captain Dean House
Office of Motor Vehicle Enforcement
6310 SE Convenience Boulevard
Ankeny, IA  50021

Reference No. 16-0085R

Dear Captain House:

This letter is in response to your May 9, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to agricultural shipments of hazardous materials.

We have paraphrased and answered your questions as follows:

Q1. You ask if § 173.5(a) limits the package size of shipments transported between fields.

A1. The answer is no.  There are no limits to the size of the package provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm.

Q2. You ask if § 173.5(a) limits the distance hazardous materials can be transported between fields.

A2. The answer is no.  There are no limits to the distance the package can travel provided all applicable provisions in § 173.5(a) are met for transportation over local roads between fields of the same farm.

Q3. You ask if § 173.5(b) is a standalone provision and thereby does not affect the applicability of § 173.5(a).

A3. The answer is yes.  Under the HMR, § 173.5(a) applies to agricultural products being transported between fields of the same farm on local roads.  The roads that connect fields of the same farm are considered local roads and not public roads.  Section 173.5(b) applies to agricultural products being transported to and from a farm within 150 miles of a farm and within the scope of the authorized mileage.
I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.5(a), 173.5(b)

Regulation Sections