Has anyone had a Hazmat Violation ?

I received a hazmat violation in Florida for having an empty 500 gal portable fuel tank on my flatbed trailer. The shipper did not mark it with HM decals and they did not inform me that it was Hazardous Material.
I did not know that an empty tank is Hazardous Material. I have searched the CDL manual and the FMCSA website and no where can I find where it states that an empty portable container IS Hazardous Material.
I was put out of service and given a citation because I do not have HM endorsement. I removed the tank and was put back in service and was allowed to leave.
Now I have to go to court for the citation.
I am planning to get a lawyer, but I am curious as to if I need to because I can not find what the penalties are for this type of violation. The only info I found is that it can be up to a 250,000. dollar fine.
Has anyone ever had a HM violation and had to go to court over it?
What can I expect to happen?

 

Get a lawyer and have the shipper pay any and all costs as it is THEIR responsability

 

keep us informed on this one.

 

Was the tank empty and cleaned out? or empty with fuel residue still present?
I thought the law was if any tank is cleaned out properly, no placards are needed?

 

We have a member gashauler, who could answer the O/P questions. I will see if I can get him to chime in on this thread.

 

The shippers is paying the 1,100.00 fine.
500. - no placards
500. - no shipping papers
100. - drivers disqualified no HM endorsement

I made sure the tank was empty because I know I can not haul Hazardous material.
If the shipper had placards on the tank, I would never have allowed it to be put on my trailer.
I was not aware and have not read anywhere where anything states a tank has to be cleaned and purged in order to not require placards.
I can't even find anything in the CDL book or the safety regulations that would inform someone that is not certified in HM that an empty portable tank is to be treated as HM. And nothing I've ever read states that a portable container must be placarded regardless of the quantity of material in it.

I've even tried reading CFR 49 (total MF btw) and looked at the definition of hazardous material and no where in the definition does it state an empty container with residue is hazardous material.

I'm in a precarious position with all this because I do not want to throw the shipper under the bus, because with out them I am out of business.

 

Glad to hear they paid it. Curious what coop in Florida? Or was it a roaming FDOT?

 

yes,they're paying your fine,but are they taking your points?i would still get the lawyer.

 

It was the scales at mm285 on I-95 in flagler county. They pulled me around back for a DOT Vehicle inspection.
I had on a 10ft wide load. Other than that #### portable tank I had no driver or vehicle violations.

 

OOIDA, recommends this Law Firm,http://www.roadlaw.net/
They have done a great job for me in the past!