Documentation for Bulk Packages That Have Been Cleaned and Purged
| Entry Date | February 11, 2009 |
|---|---|
| Issue Number | 09-006-HAZ |
| Name | Blair Fant |
| Agency | State of Alaska Commercial Vehicle Enforcement |
| Address | 11900 Industry Way Building MAnchorage, AK, 99515United StatesMap It (opens in a new tab) |
| Phone | (907) 365-1235 |
| Fax | (907) 345-7838 |
| [email protected] | |
| Committee | Hazardous Materials Committee |
| Status | Closed |
| Summary of Issue | 49 CFR 172.504(b)(1) states a bulk package must be cleaned and purged to remove any potential hazard or be properly placarded. However, there is no requirement to document this requirement. |
| Justification or Need | This is a catch-22 situation for the enforcement officer. If he/she violates this, it is their word against the driver or carrier if the tank was actually cleaned or has a residue present. This is a big issue in court, as there is nothing that requires any proof. We just lost another case because of lack of this requirement. |
| Request for Action | Add a requirement that makes it mandatory to document and carry proof of the cleaning and purging of the bulk package, and to present this to the roadside officer upon demand. Otherwise, the whole cleaning and purging regulation should be removed since it is unenforceable. |