OOSC, Part III, Item 6. - Unauthorized Packages of Non-Bulk Shipments of HazMat

Part III of the OOSC does not address the issue of unauthorized package for Non-Bulk shipments of HM. In 3C Bulk packages, Bulk Package Authorization states; "An Out-of-Service condition exists when transporting hazardous materials in a bulk package not authorized for the material being transported. Unless otherwise indicated herein, specification shortages shall not disqualify an otherwise authorized package." It clearly spells out that Bulk shipment of HM in an unauthorized package is an OOS violation. However, using the current criteria, a HM (even a Zone A PIH) in a non-bulk package prohibited by either column 7 or column 8B, is a general violation, but not an OOS.

Uniformity of the OOS between bulk and non-bulk, "unauthorized" packages as well as protection of the public and officer safety. We obviously do not want to see hazardous material being shipped in unauthorized packages. If we were to identify them during an inspection and the package has not yet begun to leak, there is no OOS condition that would require the motor carrier to correct the defect and they could continue the transportion until they vehicle was redispatched.

Add an OOS condition to Part III section 6 to address hazardous materials being shipped in unauthorized packages. An Out-of-Service condition exists when transporting hazardous materials in a non-bulk package not authorized for the material being transported. Unless otherwise indicated herein, specification shortages shall not disqualify an otherwise authorized package.