Interpretation Response #22-0133
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Usher Transport
Individual Name: Jerry Hudson
Location State: KY Country: US
View the Interpretation Document
Response text:
January 17, 2023
Jerry Hudson
Safety Manager
Usher Transport
3801 Shanks Lane
Louisville, KY 40216
Reference No. 22-0133
Dear Mr. Hudson:
This letter is in response to your September 20, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the recordkeeping requirements for the Pipeline and Hazardous Materials Administration (PHMSA) Certificate of Registration and the Federal Motor Carrier Safety Administration (FMCSA) Hazardous Materials Safety Permit.
We have paraphrased and answered your questions as follows:
Q1. You ask whether a copy of the PHMSA Certificate of Registration stored on an electronic device on-board a motor vehicle (e.g., on a driver's tablet) is an acceptable way to comply with the recordkeeping requirements in § 107.620(b).
A1. The answer is yes. The registration requirements for persons who offer or transport hazardous materials—as prescribed in 49 CFR Part 107 Subpart G—do not stipulate specifically that a paper copy of the PHMSA Certificate of Registration must be carried when transported aboard a motor vehicle. The motor carrier must carry a copy of the current PHMSA Certificate of Registration or another document bearing the registration number on board each truck and truck tractor—neither specifies that it must be in hard copy (paper) form. Therefore, storing a copy electronically on a driver's tablet is acceptable, provided that it is made available upon request (e.g., by enforcement personnel).
Q2. You ask whether a copy of the FMCSA Hazardous Materials Safety Permit stored on an electronic device on-board a motor vehicle (e.g., on a driver's tablet) is an acceptable way to comply with the recordkeeping requirements in 49 CFR § 385.415.
A2. The answer is yes. As provided in 49 CFR § 385.415(a), each commercial motor vehicle that transports a hazardous material listed in § 385.403 must carry a copy of the safety permit or another document showing the permit number, provided that document clearly indicates the number is the FMCSA Safety Permit number. While this is beyond the scope of the PHMSA Hazardous Materials Program Procedures and the HMR, the FMCSA has stated that according to 49 CFR § 390.32, which is applicable to 49 CFR Part 385, an electronic copy of the HMSP is an acceptable form of document as required in 49 CFR § 385.415.
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
107.620(b)