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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #98-0372 ([Minnesota Department of Transportation] [Minnesota Department of Transportation])

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

Interpretation Response Details

Response Publish Date:

Company Name: Minnesota Department of Transportation

Individual Name: Minnesota Department of Transportation

Location State: MN Country: US

View the Interpretation Document

Response text:

AUG 7, 1999

 

Mr. Michael Ritchie                           Ref.  No.  98-0372
Hazardous Materials Specialist
Minnesota Department of Transportation
Office of Motor Carrier Services, Mail Stop 420
1110 Centre Pointe Curve
Mendota Heights, MN  55118

Dear Mr. Ritchie:

This is in response to your letter of  December 3, 1998, regarding the transportation of fuel for machinery under § 177.834(h) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Your questions are answered as follows:

Ql.       May a carrier transporting gasoline in a cargo tank to fuel equipment not used in road construction, for example a lawn and garden service fueling mowers and related equipment, unload fuel from the vehicle to that equipment?

Al.        Nothing in the HMR prohibits the refueling of equipment including, but not limited to, road construction, lawn and garden, and other equipment.  Section 177.834 (h) states that discharge of contents of any container, other than a cargo tank or IM portable tank, must not be made prior to removal from the motor vehicle.

Q2.      If a carrier transports gasoline in an authorized DOT specification portable tank or intermediate bulk container (IBC), may the contents of that container be discharged while that packaging is on the vehicle to fuel machinery or vehicles used in road construction or maintenance?

A2.      Section 177.834(h) states that discharge of contents of any container, other than a cargo tank or IM portable tank, must not be made prior to removal from the motor vehicle.  However, a portable tank may be used as a cargo tank if it conforms to all of the requirements prescribed for cargo tank containers (§ 173.32(a)(1)). IBCs may not be unloaded prior to removal from the motor vehicle.

Q3.      If the carrier is fueling machinery not used in road construction, may he or she use portable tanks or IBCs mounted on a vehicle?

A3.      A portable tank may be loaded or unloaded without removing it from a trailer only if it meets all HMR requirements for cargo tank containers (§ 173.32(a)(1). IBCs may not be unloaded unless they are first removed from the motor vehicle.

Q4.      If discharge of fuel is allowed from a portable tank or IBC mounted on a truck, are there any additional inspections or equipment required for those bulk packages?

A4.      Portable tanks must conform to the requirements for cargo tank containers in § 173.33. (See § 173.32(a)(1)). IM portable tanks must meet the outlet requirements in § 178.345-11 of this subchapter and must be attended by a qualified person during the unloading in accordance with § 177.834 (i). (See § 177.834(o). IBCs are not allowed to be unloaded while on a motor vehicle.

Q5.      Is it permissible to discharge gasoline from a non-bulk package secured on a truck, for example a UN standard 55 gallon drum equipped with a pump, to fuel road construction machinery or to fuel machinery or equipment not used in road construction or maintenance?

A5.      Removal of any contents from the drums must be made after
the drums have been removed from the motor vehicle.

I hope this satisfies your inquiry.

Sincerely,

 

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

177.834

Regulation Sections

Section Subject
177.834 General requirements