Hello all, trying to finish my "TRUCK BOX" from the Drivers Road Rules module and i just need my shipping papers. Went to my SH supply house and the manager does not know what i'm talking about. So....can anyone help me with this? Thanks....
Even your receipt from the purchase can be your shipping pappers. Just be sure it lists the chem you purchased and the amount in gallons or pounds. Should have the UN number on it as well.
Thanks Zach and AC....I'll make sure the receipt has chem, gallons and UN number. I fill my 100 gal tank 50 gal at a time twice a week on average. My busy season starts this month and runs till April which I will fill closer to the 100 gal mark (staying under the 119 gal rule). Should I rotate the receipt every fill or should I rotate annually?
Thanks Zach and AC....I'll make sure the receipt has chem, gallons and UN number. I fill my 100 gal tank 50 gal at a time twice a week on average. My busy season starts this month and runs till April which I will fill closer to the 100 gal mark (staying under the 119 gal rule). Should I rotate the receipt every fill or should I rotate annually?
Kristofer
Kris,
Where you fill your tank to doesn't matter, it is the capacity. If your tank is more than 119 gallons and you store bleach in it your are illegal. Even 5 gallons of bleach in a 150 gallon tank breaks the letter of the law. Be careful.
Ac, Its actually 119 TOTAL capacity. Or 1000 pounds. If you have a 55 gallon bleach tank and a 100 gallon mix tank you are over.
I have consulted with FLDOT & USDOT on this and it is what your tank is dedicated for. The 100 gallon tank on a SWS is dedicated for carrying bleach, SH. It is 100 gallons and can not hold more than that. The 50 gallon tank is for making mixes of various chemicals in and these chemicals are changed. It is not a dedicated bleach tank for carrying solution. You need to travel from jobsite to jobsite empty in the 50 gallon tank.
If you dont need CDL don't get it. Its hard enough finding drivers with a clean regular liscence. If you follow AC's truck box details you will be ahead of most of the companies in market. I've heard there are some instances that if you break a law and have a CDL you can lose your liscence but not if you had a regular liscence.
Micheal Pumphrey wrote:
Ac, Its actually 119 TOTAL capacity. Or 1000 pounds. If you have a 55 gallon bleach tank and a 100 gallon mix tank you are over.
Mike, we are actually talking about two issues here separate in and of themselves:
First transporting Hazmat and second carrying volume, which would be considered a tanker endorsement on a CDL.
The second is the easier of the two, basically the total sum of all containers carried with a minimum capacity of 119 gallons will apply to the over all carry limit of 1000 gallons, not pounds. So if you carry 5 - 50 gallon containers of liquid non of these apply toward your 1000 gallon limit! The containers have to be greater then 119 gallons to apply toward your limit, if you do carry 1000 gallons of liquid water included you will need a CDL with Tanker endorsement.
The first transporting Hazmat, class B CDL with Hazmat endorsement is needed for carrying material which has been classified as Hazmat in a single container of 119 gallons or more, multiple containers of less then 119 gallons do not apply to the 119 gallon minimum.
I pulled the MSDS for soft wash bleach and I can't see where this substance is classified as Hazmat, based on DOT classifications. So unless I'm missing something we would only have to be concerned with the 1000 gallon limit not the hazmat issue.
Below is some good detailed information that was sent to me from my trailer vendor:
On April 9, 2008, FMCSA published an NPRM entitled “Commercial Driver's License Testing and Commercial Learner's Permit Standards” (73 FR 19282) to revise the standards for CDL testing and to require new standards for a CLP. The NPRM acknowledged that the definition of “tank vehicle” in § 383.5 was confusing because of the reference to the definition of “cargo tank” in 49 CFR part 171. The definition in Part 383 could be misinterpreted to mean that a driver needed a tank vehicle endorsement to operate a vehicle with a permanently attached tank that had a rated capacity greater than 119 gallons. In the case of a portable tank temporarily attached to the vehicle, a tank endorsement was needed only if the portable tank had a rated capacity of 1,000 gallons or more.
FMCSA recognized the disparity in minimum rated capacity between permanently attached tanks (119 gallons) and temporarily attached portable tanks (1000 gallons) for the tank vehicle endorsement. As FMCSA had no reports of any problems with drivers transporting portable tanks with a rated capacity of less than 1,000 gallons, the NPRM proposed a rated capacity threshold of 1,000 or more gallons for all tanks before a driver would need a tank endorsement. The proposed change was also expected to eliminate the controversy over whether the driver of a ready mix concrete truck equipped with a small water tank to clean the mixer drum or a truck transporting generators with small fuel tanks needed a tank vehicle endorsement.
The NPRM proposed defining “tank vehicle” as any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank having an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
In the final rule, “Commercial Driver's License Testing and Commercial Learner's Permit Standards” (76 FR 26854), published on May 9, 2011, FMCSA responded to comments submitted to the NPRM docket and stated that, while the proposed amendment setting a 1,000 gallon aggregate capacity threshold was included in the final rule, there was also a need to retain a minimum individual rated tank capacity of more than 119 gallons for the purpose of determining the aggregate capacity of a vehicle carrying multiple tanks. In the final rule, reference was made to cargo tanks and portable tanks as defined in 49 CFR 171. Both of these types of tanks are defined as “bulk packaging” which is further defined in part 171 as having a capacity greater than 119 gallons. Therefore, only tanks with a rated capacity greater than 119 gallons were considered in determining the 1,000-gallon aggregate capacity threshold for a tank vehicle endorsement.
The definition of “tank vehicle,” adopted in the final rule is any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
After publication of the final rule, FMCSA received questions and requests for clarification from the Dangerous Goods Advisory Council (DGAC), American Trucking Associations (ATA), FedEx Corporation, and Fremont Carriers, Inc. In response, FMCSA published guidance in the Federal Register on May 24, 2012 [77 FR 30919]. The guidance explained that the definition proposed by the NPRM would have included a single tank with a capacity of 1,000 gallons. However, after reviewing the public comments to the rulemaking docket, the Agency modified the definition to include multiple tanks with an aggregate capacity of 1,000 gallons.
FMCSA recognized that the revised definition meant that intermediate bulk containers (IBCs) being delivered to a shipper meet the “tank vehicle” definition, and that the driver would require a tank vehicle endorsement. IBCs are commonly used as containers for transporting liquid hazardous materials (HM). They are subject to the DOT Hazardous Materials Regulations (HMRs). These packages commonly move by less than truckload (LTL) carriers. While IBCs may have a capacity of up to 3,000 liters, the sizes more commonly in use range up to 1,000 liters (264 gallons).
The guidance published on May 24, 2012, confirmed that the transportation of IBCs is covered by the definition whether they are temporarily or permanently attached—by bolts, straps, chains, or by blocking and bracing—because the characteristics of tanks and their liquid contents, and the driving skills needed to safely operate a tank vehicle, are essentially identical, no matter how the tanks are secured in or on the vehicle. The aggregate capacity of four or more 1,000 liter IBCs would exceed the 1,000 gallon threshold. To be qualified to haul the range of cargo they normally handle, drivers for many LTL carriers must obtain a CDL tank vehicle endorsement.
The guidance also clarified that the definition of tank vehicle does not cover the transportation of empty IBCs or other tanks when these containers are cargo manifested on a bill of lading either as empty or empty except for residue.
Lastly, the guidance confirmed that the effective date of the final rule was 60 days after publication, or July 9, 2011. While the rule provided a compliance date of July 9, 2014 (3 years from the effective date of the rule) for the State requirements under subpart B of Part 384 (49 CFR part 384), this compliance date was limited to the subpart referenced.
FMCSA recognizes that the States participating in the Motor Carrier Safety Assistance Program (currently all States) have different timeframes for incorporating the Agency's definitional changes into State law. However, States that automatically implement the Federal Motor Carrier Safety Regulations (FMCSRs) are able to take immediate action against drivers transporting HM in a tank vehicle without the proper endorsement. As a result, FMCSA recommended that tank vehicle drivers impacted by the final rule secure the needed endorsement as quickly as possible or investigate the requirements of the States where they travel to avoid violating an endorsement requirement already in effect.
FMCSA received petitions for reconsideration and rulemaking from the ATA, FedEx Corporation, and Fremont Carriers, Inc. The Agency also received letters of concern from the DGAC and others supporting the ATA petition. Each of these documents is available in docket FMCSA-2013-0140.
The Agency appreciates that the 2011 final rule expanded the number of vehicles requiring drivers with tank endorsements on their CDLs, whichresulted in increased costs for the drivers. As the tank vehicle definition continues to be a source of questions and concern, the Agency proposes a slightly revised version to improve understanding and enforcement.
The Agency offers this revised definition to clarify that vehicles transporting multiple IBCs (over 119 gallons each) with an aggregate capacity of 1,000-gallons or more are tank vehicles that would require an endorsement; and that the endorsement is needed if one or more tanks are on the vehicle, regardless of the method by which the tanks are secured to the vehicle. In addition, this definition clearly explains that tanks manifested as empty or as residue as part of the load (assuming they are actually empty or contain only residue) do not make the vehicle a “tank vehicle” provided the tanks are actually empty or contain only residue. The revised definition incorporates the substance of the regulatory guidance published on May 24, 2012.
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Because, DOT uses 119 gallons in the definition of bulk package in the HMRs, that value is also used here to specify the minimum tank size that can be aggregated to reach the 1,000-gallon threshold. The Agency specifically seeks comments and data on whether or not a different threshold should be used.
Tank vehicle:
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(1) Means any commercial motor vehicle transporting, or designed to transport, any liquid or gaseous materials within:
(i) A tank that is either permanently or temporarily attached or secured to the vehicle or chassis and has a rated capacity of 1,000 gallons or more; or
(ii) Multiple tanks either permanently or temporarily attached or secured, when the aggregate rated capacity of those tanks is 1,000 gallons or more, as determined by adding the capacity of each individual tank with a capacity of more than 119 gallons.
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(2) If a commercial motor vehicle transports one or more tanks that are manifested either as empty or as residue and that are actually empty or contain only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.