Does hauling machinery make you a hazerdous material carrier?

Discussion in 'Ask An Owner Operator' started by turnanburn, Aug 2, 2012.

  1. turnanburn

    turnanburn Medium Load Member

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    I'm changing my authority from private carrier to common carrier, and got 2 answers to this question. The FMCSA employee who I got on the line in DC said no, and offered to stay on the line as I filled out the on-line form for authority(he was extremely helpful and I filed for MC authority and got an MC docket # in about 10 min.). This was the opposite of what I got from the officer at my state field office when I called and asked another related question. He knows me and said don't forget to file as a hm carrier because I put machinery on. Class 9 and no placards, but moves you into the HM carrier category on record and requires you to up the liability to 1 million. He also said if I moved my own machinery (I do) then I'm also a HM shipper. Again, the FMCSA employee said (emphatically) "he's wrong." I'm going to go with 1 million anyway, but how can 2 employees of the same government entity answer the same quetion 2 different ways? And perhaps more importantly, is there or what is the right answer?

    The machinery IS construction equipment on a lowboy. With new authority will be doing it for others. Also will be same on flat bed as well as the potential of some military trucks. So, no fuel tankers or such that obviously cross into HM.
     
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  3. aiwiron

    aiwiron Road Train Member

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    Depends,

    If you haul a tank or vessel that falls under the hazmat regs then yes, if it is attached to a vehicle or equipment then yes.

    I pull a RGN and had a truck last month with 2 100 gallon propane tanks on it with hazmat signs, told them I could not haul it like that and the placards had to come off first then the tanks had to be empty, well they could not pump it off so off came the tanks.
     
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  4. turnanburn

    turnanburn Medium Load Member

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    no tanks. just the fuel tank that comes on a dozer or log skidder or backhoe. My state official acknowledged that these machines don't require placards, but are considered class9 other, and as a carrier I need to register as an HM carrier. DC based fmcsa person said no, they are not hazardous and you don't need to be an HM carrier of record.
     
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  5. aiwiron

    aiwiron Road Train Member

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    Nah, the fuel in the tanks are not required for hazmat.
     
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  6. BigBadBill

    BigBadBill Bullishly Optimistic

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    Airwon is repeating what my call to the IL DOT told me.
     
  7. turnanburn

    turnanburn Medium Load Member

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    Thanks guys. Feels better to have your confirmation of what I thought was the obvious.I'm not planning on telling my local enforcement guy he's wrong(!), and I also hope to never have to argue the point with him.
     
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  8. aiwiron

    aiwiron Road Train Member

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    Yep no need to flame him, keep him on your side.
     
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