Interpretation Response #26-0043
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: N/A
Individual Name: Troy Berube
Location State: UT Country: US
View the Interpretation Document
Response text:
August 17, 2026
Troy Berube
8340 W Herzog Ave
Magna, UT 84044
Reference No. 26-0043
Dear Mr. Berube:
This letter is in response to your March 16, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to motor carrier and driver responsibilities under § 177.817. Specifically, in the context of a motor carrier assigning drivers the responsibility of verifying "correctness" of shipping papers, you ask if this is within the scope of "acceptance" requirements associated with receiving a shipping paper prepared in accordance with the HMR (see § 177.817(a)).
It is the carrier's responsibility to determine how they will comply with § 177.817(a), which states that a person may not accept or transport hazardous material by highway unless that person has received a shipping paper prepared in accordance with Part 172 of the HMR. Although the HMR does not define "acceptance" responsibilities in this context, the responsibility for accurately classifying and describing hazardous materials is an offeror responsibility (see §§ 172.204 and 173.22). Accordingly, while a motor carrier may not transport hazardous materials unless it is accompanied by a shipping paper prepared in accordance with Part 172 of the HMR, the carrier may rely on the information provided by the offeror (or a prior carrier). That reliance stands unless the carrier knows or a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information is incorrect (§ 171.2(f)).
In addition to acceptance, § 177.817(e) sets out driver responsibilities regarding the presence, placement, and accessibility of shipping papers during transportation. Furthermore, motor carriers are tasked with ensuring each hazmat employee, including drivers involved in transportation, receives training specific to the functions for which the employee is responsible (see § 172.704(a)(2)). Because drivers are trained in these specific functions, they are expected to exercise reasonable care by reviewing the shipping paper to ensure apparent regulatory requirements are met (such as the visible presence of the basic description).
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