No haz endorsement?

Discussion in 'Trucking Industry Regulations' started by Anthony Ruther, May 15, 2017.

  1. Anthony Ruther

    Anthony Ruther Light Load Member

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    Safety is telling us drivers that we do not need haz endorsement even though the containers are placarded.

    Below is the explanation - what are your thoughts?

    When the loads from Ascent Battery come off of the train, they are placarded as Category 8, Corrosive.
    Because they are WET BATTERIES, NON-SPILLABLE
    According to 49CFR, the Hazardous Material Regulations manual, section 173.159a
    (d) A nonspillable wet electric storage battery is excepted from all other requirements of this subchapter* under the following conditions:
    (1) The battery must be protected against short circuits and securely packaged;
    (2) For batteries manufactured after September 30, 1995, the battery and the outer packaging must be plainly and durably marked “NONSPILLABLE” or “NONSPILLABLE BATTERY”;

    *This is a reference to Sub-chapter C which is the Hazardous Materials Regulations portion of the manual.

    This information has been provided to Michael Mannikko of the U.S. Department of Transportation- Federal Motor Carrier Safety Administration and he is in agreement with this interpretation.
     
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  3. snowwy

    snowwy Road Train Member

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    I've got a friend who got nailed for not having haz endorsement and being overweight. Container full of batters. He hauls from the Savannah port. I believe.
     
  4. Anthony Ruther

    Anthony Ruther Light Load Member

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    I am getting alot of different guidance on this.
     
  5. snowwy

    snowwy Road Train Member

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    Your hauling battery acid. I believe that's a haz material. Don't know if there's enough reportable to come in to play though. Guess it depends on also if the batteries are filled or empty. Motorcycle batteries are sold empty. Don't know the transportation process of other batteries.

    Where's the rest of the forum to chime in???
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    if placarded then need hazmat...
     
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  7. keitht

    keitht Light Load Member

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    Batteries hauled under the exemption found in 173.159a are exempt from the regulations. You do not need a haz mat endorsement to haul it. A haz mat endorsement is only required for haz mat that is required to be placarded.

    Be especially vigilant regarding how your shipment is loaded. Many times I have stopped one of these shipments and when I do, I always look inside the trailer. Oftentimes, what I find are batteries that are fallen over and not secured. When this happens, the load looses it's exemption and now the driver is placed out of service for failing to have the proper license. The truck is placed out of service for no placards and often improper bills and other violations.

    But if your load is in good shape, you should be fine.
     
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  8. Anthony Ruther

    Anthony Ruther Light Load Member

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    I've always believed the same! but it appears this is different.
     
  9. nikmirbre

    nikmirbre Road Train Member

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    They do not need placarding. There is an exemption for batteries....I don't know how to post the link...
     
  10. x1Heavy

    x1Heavy Road Train Member

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    BS.

    Placarded vehicle, Placarded containers? Placarded anything? Pl;acarded bills of lading stamped HAZMAT in a particular spot?

    Dam straight you need a Hazmat endorsement on your CDL. Your safety dept is full of it up to here. Im such surprised at such level of BS piled up from such a filthy safetly lazily not enforcing drivers to have a Hazmat to haul placaded trailers, containers, vehicles and bills stamped hazmat. Get a hazmat endorsement on that CDL to do this work.

    Or...

    Blow the #### whistle against your lazy no good safety before half a city gets killed from such laziness as failure to endorse a CDL properly for hazmat work. Im also presuming there is no training either for those told they don't need a Hazmat endorsement. Then they are going to take that tractor trailer off route into places banned against Hazmat for very good reasons and expose your company to liability that I consider essentially enough to break same from ever again hauling a load of anything in this industry.

    How stupid must your collective safety department be? I know more on my fingers safety things than they all do. Who are they kidding? Placaded = hazmat = BOL stamped hazmat = Hazmat endorsement on a valid CDL. etc etc etc. There is also a Hazmat training cert card that must go with the driver along with the appropriate gear for personal safety when loading/unloading same.

    I can rant and rant, but I wont. Ive already exploded on one silly poster today and that's enough for anyone. I'll hold my peace through the rest of this.

    Run to your nearest hazmat qualified driver with that endorsement on his or her CDL and the necessary cert card to go with it showing completed training. I tell you one more thing. That cert card is not worth the paper it's stamped out of, not in light of a safety dept exposing themselves at being so lazy as not to enforcement properly within your company Hazmat endorsement CDL's for that kind of hauling.
     
  11. keitht

    keitht Light Load Member

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    I probably wasn't clear enough above.
    If they meet and haul under the exemption, you do not need a haz mat endorsement. The load will not be placarded.
    If the load is placarded, then you do need a haz mat endorsement.
     
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