Hazmat, yard jockey, and employer question

There are "limited quantity" exceptions for placarding haz mat. I've hauled a load with 2500#'s of fire extinguishers on it that did not need a placard.

 

1. Placarding requirements (49CFR172.504) are based upon aggregate gross weight and therefore include the weight of the packages.

2. Federally, a CDL is required if the commercial vehicle is operated on a highway. 49CFR390.5 defines a highway as follows:

Highway means any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.

The determining factor is if the commercial vehicle is being operated in an area that is open to the general public. If so, a CDL is required.

Also remember that the states can enact more restrictive CDL requirements.

3. Your employer or company safety official are required to hold a CDL only if they operate a commercial motor vehicle on a highway (as defined above).

 

Aggregate gross weight means a the total weight of "all" hazardous materials. In other words if one had 2 Table 2 hazardous material containers/packages each containing 500 pounds, the aggregate gross weight of the hazardous materials would be 1000 pounds. The package weight is not considered.

172.504 (c)(1) A transport vehicle or freight container which contains less than 454 kg (1001 pounds) aggregate gross weight of hazardous materials covered by Table 2 of paragraph (e) of this section; or

Best regards

 

They are that sometimes. But sometimes it helps to look at DOT sources other than a reg itself to make sense of the reg. For instance DOT Placard Charts tend to shed some light on the intent of the reg in question with the following statement.

"When the gross weight of all hazardous materials in non-bulk packages covered in Table 2 is less than 454 kg (1,001 lbs), no placard is required on a transport vehicle or freight container [§172.504(c)]."

Note that the DOT itself on their own charts state that (the gross weight of all hazardous materials in non-bulk package) it's the HM in the package, not the HM and the package.

Best regards

 

My opinion is that the yard jockey doesn't need to have a CDL.

Is the railroad crossing that he will be using accessible by the general public or does it just separate the two pieces of property belonging to your company?